Loading...
HomeMy WebLinkAboutCORRESPONDENCE - BID - 5525 FOOTHILLS 4 MG RESERVOIR ROOF COATINGCity of Fort Collins Administrative Services Purchasing Division LETTER OF TRANSMITTAL To: Carrie Daggett, Assistant City Attorney John Fischbach, City Manager Wanda Krajicek, City Clerk _..._ From: James B. O'Neill 11, CPP<011 'G Director of Purchasing &anag Date: October 3, 2000 Re: Bid #5525 Foothills 4 MG Reservoir roof Coating Oct 05Z000 "'11 ",ey, Attached find four (4) sets of contract documents regarding the above -mentioned matter. Would you approve as to form and forward to the City Manager. The bidder received the award through the normal bid process. John, please sign the contract documents and forward them to the City Clerk. Wanda, please call Purchasing, Jim will come over, sign the contracts and have you attest his signature. Would you call Purchasing when that is completed. Thank you. 256 W. Mountain Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 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 7/96 Section 00100 Page 1 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. , rAi!`7AW C i!`7AiCL`D+C G stilt. nts and all other- Sf1 , same. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 14 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15. 1 OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorvorated into the project. Said taxes — shall not be included in the Contract Price. Address: Colorado Den gment of Revenue State Capital An 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 by the 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 building materials Physically incorporated into the project are to be Paid by CONTRACTOR and are to be included in appropriate bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shalt not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold ham -Jess OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EICDC GENERAL CONDMONS 1910-8 (1990 E(ition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or. organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EICDC GENERAL CONDITIONS 191" (1990 Edition) 16 w/ Crry OF FORT COLLOVS MODWICATIONS (REV 4R000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect — thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, — assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the _ requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific — written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made' on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER'; review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on, the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's Generrd Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is rat in FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER' own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNERS 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 snake its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCDC GENERAL CONDMONS 1910-8 (1990 Edition) 18 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTORS 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 CONTRACTORSs Work. CONTRACfOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACfOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNERS identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. maintaining liability and pmpefly insumnee am faFth in ephs 5.5 thfeugh G 10 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. RPM mr.-In WWWWWAII TAM M. .. ... ..� •� ... • I. 1�1> ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEERS efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER' on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 and in the Supplement Genditiens of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER' Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the SupplementaFy Condition paragraph 9.3 9.3.2. Duties and Responsibilities Representative will: 9.3.2.1. Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER conceming acceptability. 9.3 2 2 Conferences and Meeting - Attend meeting with the CONTRACTOR such as pMonstruction conferences, progress meetings and other job conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINEERS liaison with CONTRACTOR, working principally through CONTRACTORS superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or information. when required for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 9.3.2.4. Review of Work. Reiection of Defective Work Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.3. Accompany visiting inspectors representingRublic or other agencies having jurisdiction over the Project record the results of these inspections and report to the ENGINEER. 9.3.2.6. Modifications. Consider and evaluate CONTRACTORS suggestions for EICDC GENERAL CONDITIONS 1910.8 (1990 Edition) 20 w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Drawings or Specifications and report these recommendations to ENGINEER. Accurately transmit to CONTRACTOR — decisions issued by the ENGINEER. 9.3.2.7. Records. progress reports and other project documents. observing test procedures: send copies to the ENGINEER. 9.3.2.7.3. Record names addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of equipment and materials. 9.3.2.8. Reports. 9 3 2 8 1 Furnish ENGINEER periodic reports as required of the proaress of the Work and of the CONTRACTOR S coMliance with the progress schedule and — schedule of shop Drawing and sample submittals. 9.3.2.8.2. Consult with ENGINEER in — advance of scheduling maior tests. itions or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Changes. obtaining backup material from the CONTRACTOR and recornmend to ENGINEER Chance — Orders Work Directive Changes and field orders. 9 3 2 8 4 Report immediately to ENGINEER and OWNER the occurrence of any accident. 9 3 2 9 Payment Requests Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to ENGINEER noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring correction or completion. 9.3.2.10.2. Conduct final inspection in the company_of the ENGINEER. OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEERS authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR. Subcontractors. or CONTRACTOR'S superintendent. 9.3.3.4. Advise on, or issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work. 9.3.3.6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an, adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGMEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINM's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEERSs preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a 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 E)CDC GENERAL COMMONS 1910-8 (1990 Edition) 22 w/ CITY OF FORT COLLINS MOD67CA71ONS (REV 4/2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter-puFsuanme , niele4o. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 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 shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the — acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other 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 instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10--CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11--CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 Section 00420. 3.2. In accordance with Section 8-159 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 7/96 Section 00100 Page 2 paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: IIA. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11A.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall inehWe,4yrt-rtet be limited to: salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and -retirement benefits; berwses, applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EJCDC GENERAL CONDITIONS 191 M (1990 Edition) 24 w/ CITY OF TORT COLLINS MODU71CATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and — CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in _ paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the — Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of Necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in — discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.45.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes — related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related — expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the _ performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACTOR' fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTORS capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 11.5.5. 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 correction of defective Work, disposal of materials or equipment wrongly. supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2. is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a f to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 11.4 and 115, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTORSs costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EICDC GENERAL COMMONS 1910-8 (1990 Edition) 26 w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimants written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the AgreemenL 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. 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 for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EICDC GENERAL CONDITIONS 191M (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the 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 ye two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is foundto be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (arid damage to other EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28 w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 ene year two Years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In 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". tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGMEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship. By executing the application for payment form the CONTRACTOR exvressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et seq. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14A. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a FJCDC GENERAL CONDITIONS 191" (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on 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 accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER E1CDC GENERAL CONDITIONS 191" (1990 Edition) 30 w/ CITY OF FORT COLLINS MODOCATIONS (REV 42000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTORs performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an .inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is 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. 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EICDC GENERAL CONDMONS 1910-8 (1990 Edition) w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize Payment are to be submitted on forms conforming to the format of the OWNERS standard forms bound in the Proiect manual. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subiect to paragraph 17.6.2 of these General Conditions. 14.14_ If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid E1CDC GENERAL CONDMONS 191" (1990 Edition) 32 w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages• exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to — CONTRACTOR 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): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15A.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public _ authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days 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 this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16--DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17--MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time. 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. E1CDC GENERAL CONDITIONS 1910-8 (1990 Editim) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included. 175. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado VRlY to this Agreement. Reference to two pertinent Colorado statutes are as follows: 17.6.2. If a claim is filed. OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire. sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 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 7/96 Section 00100 Page 3 EICDC GENERAL CONDR7ONS 191" (1990 Edition) 34 w/ Cny OF FORT COLLINS MODIFICATIONS (REV 4/2000) (This page left blank intentionally.) E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EICDC GENERAL CONDITIONS 191" (1990 Edition) 36 and 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: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which 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 initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes'), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -AI EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) GC -Al w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Not applicable. 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 (CSQ. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule 5 days lost due to abnormal weather conditions. 7/96 Section 00800 Page 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment CITY OF FORT COLLINS CHANGE ORDER UtlMM CONTRACTOR: PROJECT TITLE: ADDRESS: PROJECT NUMBER: DESCRIPTION CHANGE ORDER NUMBER: 1. Reason for change: 2. Description of change: 3. Change in Contract Cost: 4. Change in Contract Time ORIGINAL CONTRACT COSTS TOTAL APPROVED CHANGE ORDERS TOTAL PENDING CHANGE ORDERS TOTAL THIS CHANGE ORDER ADJUSTED CONTRACT COST (Assuming all change orders approved) ACCEPTED BY: SUBMITTED BY: REVIEWED BY: APPROVED BY: APPROVED BY: Contractor's Representative Project Manager Title: Title: Title: (Purchasing Agent if > $15,000) DATE: DATE: DATE: DATE: DATE: cc: City Clerk Architect/Engineer Project Manager Purchasing Contractor Finance Pay Appl ion Form OWNER: City of Fort Collins ENGINEER: NUMBER DATE Net Change by Change Order PROJECT: APPLICATION NUMBER: APPLICATION DATE: CONTRACTOR: PERIOD BEGINNING: PERIOD ENDING: PROJECT NUMBER: Application is made for Payment as shown below in connection with Contract RETAINAGE AMOUNT The present status of the account for this Contract is as follows: Original Contract Amount: Retainage to Date: Net Change by Change Order: Retainage Previous Application: Current Contract Amount: CHANGE IN RETAINAGE: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: $0.00 1 AMOUNT DUE THIS APPLICATION: 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. above Amount Due This Application is requested by the CONTRACTOR. By: Payment of the above Amount Due This Application is recommended by the ENGINEER. By: of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: $0.00 PAGE 1 OF 3 SECTION 01110 SUMMARY OF WORK PART1 GENERAL 1.1 PROJECT DESCRIPTION SUMMARY A. The project, the City of Fort Collins Utilities Foothills 4 MG Reservoir Roof Coating, includes all work necessary to complete the pedestrian traffic deck wa- terproofing for the roof including concrete and sealant repairs as well as interior wall sealant replacement to assure the watertightness of the existing water storage reservoir. PART 2 DOCUMENTS 2.1 DRAWINGS A. Drawings for this project are titled: City of Fort Collins Utilities Foothills 4 MG Reservoir Roof Coating. B. Drawings shall not be scaled. C. The Drawings are intended to clearly and consistently describe the work to be per- formed. Any discrepancies shall be brought to the attention of the ENGINEER immediately. 2.2 SPECIFICATIONS A. The Specifications for this project are titled Contract Documents and Construction Specifications for the Fort Collins Utilities Foothills 4 MG Reservoir Roof Coat- i. B. This document generally follows the format of the Construction Specifications In- stitute (CSI). Each Technical Specification is divided into three parts: General, Materials and Execution. PART 3 EXECUTION 3.1 WORK UNDER OTHER CONTRACTS - NONE 3.2 OWNER FURNISHED PRODUCTS - NONE FOOTHILLS RESERVOIR ROOF JULY 17, 2000 01110 1 SUMMARY OF WORK competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal' items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application _ for such acceptance will not be considered by Engineer until after the "effective date of the Agreement'. The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General _ Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and 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 7/96 Section 00100 Page 4 3.3 PERMITS A. The Contractor is responsible for applying for and obtaining any required permits. END OF SECTION FOOTHILLS RESERVOIR ROOF JULY 17, 2000 01110 2 SUMMARY OF WORK SECTION 01140 WORK RESTRICTIONS PART1 GENERAL 1.1 SITE ACCESS A. The CONTRACTOR shall supply the OWNER with two sets of locks and keys to place in the lock chain at the access and site gates shown on the Drawings. This will provide the CONTRACTOR with access to the site as needed during con- struction. These gates shall be kept closed at all times. B. Due to the presence of nearby residences, the CONTRACTOR shall limit con- struction vehicle speed and trip frequency to minimize dust along the access road. C. The CONTRACTOR is responsible for informing any and all suppliers and sub- contractors of the restrictions regarding site access. 1.2 CONTRACTOR USE OF SITE A. The CONTRACTOR's construction activities shall be limited to the fenced pe- rimeter of the reservoir site. B. The CONTRACTOR shall attempt to minimize disturbance of the site including graveled and vegetated areas. Any areas that the ENGINEER believes are unrea- sonably damaged shall be repaired at the expense of the CONTRACTOR. C. Parking and storage of materials shall be limited to an area immediately west and/or south of the roof slab designated by the ENGINEER. D. The CONTRACTOR is responsible for informing any and all suppliers and sub- contractors of the restrictions regarding the use of the premises. 1.3 CONTRACTOR USE OF WATER A. Upon request, the OWNER will provide potable water for the CONTRACTOR at the site for water blasting or other construction activities. Water shall be supplied from a 2 1/2-inch gate valve inside the Valve Vault shown on the Drawings. The CONTRACTOR will be required to install an OWNER -furnished backflow pre - venter to preclude possible contamination. B. Water pressure at the Valve Vault is limited by the water level in the reservoir. The CONTRACTOR will need to provide a booster pump to develop water pres- sure at the roof surface. FOOTHILLS RESERVOIR ROOF JULY 18, 2000 01140 1 WORK RESTRICTIONS 1.4 C. The Valve Vault access hatch is alarmed. The CONTRACTOR shall coordinate entry and exit from the vault with Mr. Chuck Gross, Operations and Process Su- pervisor at (970) 221-6690. D. The CONTRACTOR shall be responsible for meeting any confined space re- quirements required by the OWNER to enter the Valve Vault. WALL SEALANT REPLACEMENT A. The Foothills 4 MG Reservoir consists of two adjoining 2 million gallon "cells". The OWNER will dewater the first cell for the CONTRACTOR's use within 21 calendar days of the Notice to Proceed. B. The CONTRACTOR shall allow a minimum of 3 days for wall sealant curing for each cell in the construction schedule. C. In order to maintain continuous water supply from the reservoir, the OWNER will require up to one week between the time one cell is placed back in service and the second cell is available for wall sealant replacement in order to fill, disinfect and test the first cell. D. The CONTRACTOR shall protect water in the existing cell during sealant opera- tions in the adjoining cell in a manner approved by the ENGINEER. This is ex- pected to involve covering and sealing the adjacent cell stairway opening. E. If sealant operations in one cell are expected to involve more than three day's work, a temporary opening in the cover may be required for the OWNER to ob- tain weekly water samples. PART 2 NOT USED PART 3 NOT USED END OF SECTION FOOTHILLS RESERVOIR ROOF JULY 18, 2000 01140 2 WORK RESTRICTIONS SECTION 01270 MEASUREMENT AND PAYMENT PART GENERAL All work necessary to fully complete this project in accordance with the Contract Documents is to be provided by the CONTRACTOR, and paid for under the aforementioned items of work set forth in the Bid Schedule. Any work not specifically listed is to be included in these items. No additional payments will be made for any work which is not set forth in the Bid Schedule, or is beyond the limits shown on the Drawings. PART 2 MEASUREMENT AND PAYMENT 2.1 ITEM NO. 1- ROOF SPALL REPAIR Item No. 1, Roof Spall Repair, measured on a lump sum (LS) basis shall include all labor, material, tools and equipment necessary to repair concrete spalls on the existing reservoir roof greater than the size designated on the Drawings with polymer modified Portland cement mortar. The work includes surface preparation and curing. Payment for Roof Spall Repair will be made on a lump sum basis (LS) for work com- pleted in accordance with the Contract Documents. Technical Specification Section 03930 and the Drawings are referenced as being the basis for acceptance of completed work. 2.2 ITEM NO.2 - ROOF SEALANT REPLACEMENT Item No. 2, Roof Sealant Replacement, measured on per linear foot (LF) basis shall in- clude all labor, material, tools and equipment necessary to repair damaged polyurethane sealant on the roof marked by the Engineer for replacement including removal of existing sealant, protection of existing bond breaker and application of new polyurethane sealant. Payment for Roof Sealant Replacement will be made at the per linear foot (LF) price for work completed in accordance with the Contract Documents. Technical Specification Section 07900 and the Drawings are referenced as being the basis for acceptance of completed work. 2.3 ITEM NO.3 - PEDESTRIAN TRAFFIC DECK WATERPROOFING Item No. 3, Pedestrian Traffic Deck Waterproofing, measured on per square foot (SF) ba- sis shall include all labor, material, tools and equipment necessary to prepare the existing reservoir roof surface and apply a two -coat polyurethane waterproofing membrane with a FOOTHILLS RESERVOIR ROOF DULY 18, 2000 01270 1 MEASUREMENT AND PAYMENT 2.4 skid -free surface. Included in this item are removal of the existing epoxy coating by sand or water blasting, removal or touchup of previous test coatings as noted on the drawings, protection of existing structures, quality control, cleanup and other work necessary for a complete installation Payment for Pedestrian Traffic Deck Waterproofing will be made at the per square foot (SF) price for work completed in accordance with the Contract Documents. Technical Specification Section 07180 and the Drawings are referenced as being the basis for acceptance of completed work. ITEM NO.4 - WALL SEALANT REPLACEMENT Item No. 4, Wall Sealant Replacement, measured on a Linear Foot (LF) basis shall in- clude all labor, material, tools and equipment necessary to remove and replace existing sealant along vertical construction joints in the interior walls of the reservoir. This item includes protecting water in the adjacent reservoir cell, providing access for the work, removing and disposing of existing sealant, preparing joint surfaces, applying a two-part polyurethane sealant and cleanup. Payment for the accepted quantity of Wall Sealant Replacement will be made at the Con- tract Linear Foot (LF) price for work completed in accordance with the Contract Docu- ments. Technical Specification Section 07900 and the Drawings are referenced as being the basis for acceptance of completed work. END OF SECTION FOOTHILLS RESERVOIR ROOF JULY 18, 2000 01270 2 MEASUREMENT AND PAYMENT SECTION 01330 SUBMITTALS PART1 GENERAL 1.1 GENERAL A. CONTRACTOR shall furnish, process, deliver, reproduce and perform other necessary functions incidental to scheduling and handling of product data, samples and manufacturer's certificates of proper installation as indicated on Drawings or as specified, and in accordance with provisions of the Contract Documents. B. See appropriate Specification and Contract Documents sections for specific items for which data and/or samples are required. See General Conditions for additional information. C. Review or acceptance of substitutions, schedules, lists of materials, and procedures submitted or requested by the CONTRACTOR shall not add to the Contract price, and all additional costs which may result therefrom shall be solely the obligation of the CONTRACTOR. It shall not be the responsibility of the OWNER to provide engineering or other services to protect the CONTRACTOR from additional costs accruing from such review or acceptance. D. No material shall be installed until the CONTRACTOR has on hand copies of such approved submittals. E. The review of submittals by the ENGINEER will be limited to general design requirements only, and shall in no way relieve the CONTRACTOR from responsibility for errors or omissions contained therein. F. Submittals will be acted upon by the ENGINEER as promptly as possible. Delays caused by the need for resubmittals shall not constitute reason for an extension of Contract time. 1.2 DELIVERY A. The CONTRACTOR shall transmit a minimum of four copies of submittals to the ENGINEER. One copy will be retained by the ENGINEER, two copies will be forwarded to the OWNER and the remaining copies will be returned to the CONTRACTOR. FOOTHILLS RESERVOIR ROOF JULY 17, 2000 01330 1 SUBMITTALS 1.3 SUBMITTALS -GENERAL A. The CONTRACTOR agrees that submittals processed by the ENGINEER do not become Contract Documents and are not Change Orders; that the purpose of the review is to establish a reporting procedure and is intended for the _ CONTRACTOR's convenience in organizing his work and to permit the ENGINEER to monitor the CONTRACTOR's progress and understanding of the design. — B. CONTRACTOR shall be responsible to make submittals. Transmit items with a letter of transmittal. — C. Number submittals consecutively beginning with 1. 1. An item that is resubmitted will retain the original number but with an added suffix letter starting at A. 2. Do not change the scope of a submittal on any resubmittals. — 3. Insure only one specification section is covered by one letter of transmittal. — 4. Provide sufficient catalog information together with technical data to allow an evaluation to be made to determine that the item submitted is in compliance with the Specifications. _ D. Submissions to the ENGINEER by other than the CONTRACTOR will be returned to the CONTRACTOR without action of any kind. Submissions will not _ be received from, or returned to, subcontractors. E. Submit items sufficiently in advance of date required to allow reasonable time for review, and to allow for resubmission if necessary. Items not submitted in accord with the provisions of Contract Documents will be returned, without action, for resubmission. Delays caused by above shall be CONTRACTOR's responsibility. F. On submittal transmittal sheet, identify the project, manufacturer, item, Drawing or data number and Specification section number. G. CONTRACTOR shall stamp his approval on submittals prior to submission to — ENGINEER as indication of his checking and verification of dimensions and coordination with interrelated items. Marks on submittals by CONTRACTOR shall not be in red. Any marks by CONTRACTOR shall be duplicated on all — copies submitted. CONTRACTOR marks on reproducible transparencies shall be outlined with a rectangular box. Submittals which do not have the CONTRACTOR's stamp of approval will also be returned without action. H. Submit standard items such as equipment brochures, cuts of fixtures, product data sheets or standard catalog sheets or pages. Indicate exact item or model and all -- FOOTHILLS RESERVOIR ROOF JULY 17, 2000 _ 01330 2 SUBMITTALS proposed options. Include material specifications, construction details, motor data, legible scale details, sizes, dimensions, weights, performance characteristics and pump curves, capacities, test data, anchoring details, location of connections to other work, installation instructions, storage and handling instructions, color charts and paint system, layout Drawings, parts catalogs, special handling instructions, and other pertinent data. I. If proposed materials deviate from the Specifications or Drawings in any way, the deviations shall be clearly noted and justification for said deviations shall be explained in detail in a separate letter immediately following transmittal sheet. If explanation is not given, submittals will be returned without action. J. Should the CONTRACTOR propose any item on his submittals, or incorporate an item into the work, and that item should subsequently prove to be defective or otherwise unsatisfactory, (regardless of the ENGINEER's preliminary review), the CONTRACTOR shall, at his own expense, replace the item with another item that will perform satisfactorily. 1.4 SUBMITTALS - SAMPLES A. Where required, submit two samples. Identify samples as to: manufacturer, item, use, type, project designation, tag number, specification section or Drawing detail reference, color, range, texture, finish and other pertinent data. B. Forward with transmittal letters. Include brochures and installation instructions. CONTRACTOR to stamp his approval on sample transmittals as indication of his checking and verification of dimensions and coordination with interrelated items. Resubmit samples of rejected items. C. Acceptable samples submitted or constructed, constitute criteria for judging completed work. Finish work or items not equal to samples will be rejected. D. Samples may be retained for comparison purposes and the CONTRACTOR shall remove samples when directed. The CONTRACTOR shall include in bid all costs of furnishing and removing samples. 1.5 SUBMITTALS - MANUFACTURER'S CERTIFICATE OF PROPER INSTALLATION A. Where required in the Specifications or Drawings, the CONTRACTOR shall submit manufacturer's certification of proper installation prior to startup or performance testing. B. Such certificate shall state that the work has been performed with the manufacturer's recommendation and has been inspected by a manufacturer's authorized representative. FOOTHILLS RESERVOIR ROOF DULY 17, 2000 01330 3 SUBMITTALS 1.6 SUBMITTALS - ACCEPTANCE OR REJECTION A. Transmittals will be reviewed for overall design intent and returned to CONTRACTOR with action to be indicated by the ENGINEER. It shall be the CONTRACTOR's responsibility to assure that previously accepted documents are destroyed when they are superseded by a resubmittal as such. B. It shall be the CONTRACTOR's responsibility to insure that required items are corrected and resubmitted. C. If the items or system proposed are acceptable however the major part of the individual Drawings or documents are incomplete or require revision, the submittal will be returned with requirements for completion. PART 2 - MATERIALS — NOT USED PART 3 — EXECUTION — NOT USED END OF SECTION FOOTHILLS RESERVOIR ROOF JULY 17, 2000 01330 4 SUBMITTALS SECTION 03930 CONCRETE REPAIR PART GENERAL 1.1 SCOPE OF WORK A. This item shall consist of repairing spalls in the existing concrete roof including concrete surface preparation and the application of polymer -modified Portland cement mortar in accordance with this Specification. 1.2 QUALITY STANDARDS A. American Society for Testing and Materials (ASTM) 1. ASTM C 109 - Compressive Strength of Hydraulic Cement Mortars (Using 2-in. or 50-min Cube Specimens) 2. ASTM C 293 - Flexural Strength of Concrete (Using Simple Beam with Center -Point Loading) 3. ASTM C 309 - Liquid Membrane -Forming Compounds for Curing Concrete 4. ASTM C 496 - Splitting Tensile Strength of Cylindrical Concrete Specimens 5. ASTM C 666 - Resistance of Concrete to Rapid Freezing and Thawing 6. ASTM C 882 - Bond Strength of Epoxy -Resin Systems Used with Concrete 7. ASTM C 884 - Thermal Compatibility Between Concrete and an Epoxy - Resin Overlay 8. ASTM G 3 - Conventions Applicable to Electrochemical Measurements in Corrosion Testing B. American Association of State Highway Transportation Officials (AASHTO) 1. AASHTO T-277 - Rapid Chloride Ion Permeability 1.3 SUBMITTALS A. Manufacturer's specifications, data sheets, recommendations, installation instructions, guarantees, test reports, and other pertinent data to prove compliance with specified requirements shall be submitted on all material showing their complete compliance with contract requirements. B. Representative samples of proposed products to the ENGINEER upon request. Submittals shall be of sufficient quantity for independent examination and testing. FOOTHILLS RESERVOIR ROOF JULY 17, 2000 03930 1 CONCRETE REPAIR other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgment 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. 7/96 Section 00100 Page 5 C. List of items which have limited shelf life or require special handling, with a description of the limitations and requirements. D. Materials Safety Data Sheets for each product. PART 2 MATERIALS 2.1 GENERAL A. Only approved materials, conforming to the requirements of these specifications, shall be used in the work. They may be subjected to inspection and tests at any time during the progress of their preparation or use. The source of supply of each of the materials shall be approved by the ENGINEER before delivery or use is started. B. Materials shall be stored and handled to insure the preservation of their quality and fitness for use and shall be located to facilitate prompt inspection. All equipment — used for handling and transporting materials must be clean and in proper operating condition before any material is placed therein. _ 2.2 POLYMER -MODIFIED PORTLAND CEMENT MORTAR A. The polymer -modified Portland cement mortar shall be a liquid polymer emulsion of an acrylic copolymer base and additives. It shall have a particle size less than 0.1 nucron. B. Component A shall contain an organic, migrating corrosion inhibitor which has been independently proven to reduce corrosion in concrete via ASTM G 3. The corrosion inhibitor shall not be calcium nitrite, and shall have a minimum of seven years of independent field testing to document performance on actual construction projects. C. Component B shall be a blend of selected Portland cements, specially graded _ aggregates, admixtures for controlling setting time, water reducers for workability, and an accelerator. D. The ratio of Component A to Component B shall be 1:5.2 by weight. E. The material shall be non-combustible, either before or after cure. F. The polymer -modified Portland cement mortar shall be supplied in a factory - proportioned unit. G. The polymer -modified Portland cement mortar must be placeable from 1/8 to 1 1/2 inches in depth per lift. FOOTHILLS RESERVOIR ROOF JULY 17, 2000 03930 2 CONCRETE REPAIR H. Properties of the mixed polymer -modified Portland cement mortar shall be as follows: 1. Working time: 10 to 15 minutes 2. Finishing time: 20 to 60 minutes 3. Color: concrete gray I. Properties of the cured polymer -modified Portland cement mortar shall be as follows: 1. Compressive Strength (ASTM C 109 Modified) a. 3500 psi at 1 day b. 6500 psi at 7 days C. 8000 psi at 28 days 2. Splitting Tensile Strength (ASTM C 496): 900 psi at 28 days 3. Flexural Strength (Modulus of Rupture)(ASTM C 293): 2000 psi at 28 days 4. Rapid Freezen haw Durability (ASTM C 666, Procedure A): passes test 5. Bond Strength (ASTM C 882 Modified): 2200 psi at 28 days 6. Thermal Compatibility (ASTM C 884 Modified): passes test 7. Abrasion (Taber Abrader with H-22 wheel, 1000 gm load, 1000 cycles): 8.0 gm weight loss in 7 days 8. Rapid Chloride Ion Permeability (AASHTO T-277): 1000 Coulombs max. 9. The polymer -modified Portland cement shall not produce a vapor barrier J. Polymer modified Portland cement mortar shall be SikaTop 123 manufactured by Sika Corporation, Lyndhurst, New Jersey, or equivalent. PART 3 EXECUTION 3.1 GENERAL A. The CONTRACTOR shall famish all labor, materials, and services necessary for, and incidental to, the completion of all work as shown on the Contract drawings and specified herein. All equipment owned or controlled by the CONTRACTOR, which he proposes to use on the work, shall be of sufficient size to meet the requirements of the work, and shall be such as to produce satisfactory work. All work shall be subject to the inspection and approval of the ENGINEER. The CONTRACTOR shall employ, at all times a sufficient force of workmen of such experience and ability that the work can be prosecuted in a satisfactory and workmanlike manner. FOOTHILLS RESERVOIR ROOF JULY 17, 2000 03930 3 CONCRETE REPAIR 3.2 POLYMER -MODIFIED PORTLAND CEMENT MORTAR REPAIRS A. Polymer -modified Portland cement mortar shall be mixed and applied in accordance with the manufacturer's recommendations. B. Surface Preparation 1. Spalled concrete areas to be repaired shall be clean, sound and free of contaminants. All loose and deteriorated concrete shall be removed by mechanical means approved by the ENGINEER. Saw cut the perimeter of spalled areas 1/2 inch maximum. Chip concrete substrate to obtain a surface profile of t1/8 inch in depth. 2. Prior to repair, the concrete surface to receive the polymer -modified Portland cement mortar shall be saturated surface dry. C. Mixing 1. Polymer -modified Portland cement mortar may be either manually or mechanically mixed. Manually mix in a wheelbarrow or mortar box. Mechanically mix with a low -speed (400-600 rpm) drill. Pour approximately four to five gallons of Component A into the mixing container. Add Component B while continuing to mix. Mix to a uniform consistency for a maximum of three minutes. Add remaining Component A to mix if a more loose consistency is desired. If manual mixing takes more than three minutes, mix small quantities. Should smaller quantities be needed, ensure the components are dosed in the correct ratio and that the Component B is uniformly pre -mixed before batching. D. Application Apply a scrub coat to the substrate, filling all pores and voids. While the scrub coat is still plastic, force material against the edge of the repair, working toward the center. After filling, consolidate, then screed. Allow mortar to set to the desired stiffness. Then finish with a trowel to obtain a smooth surface. E. Curing and Protection 1. Cure using a water -based liquid membrane curing compound conforming to — ASTM C 309 and the manufacturer's recommendations. 3.3 CLEANUP — A. Leave the finished work and work area in a neat, clean condition without evidence of spillovers onto adjacent areas. — FOOTHILLS RESERVOIR ROOF JULY 17, 2000 03930 4 CONCRETE REPAIR END OF SECTION FOOTHILLS RESERVOIR ROOF JULY 17, 2000 03930 5 CONCRETE REPAIR SECTION 07180 PEDESTRIAN TRAFFIC DECK WATERPROOFING PART1 GENERAL 1.1 SCOPE OF WORK Apply a polyurethane pedestrian traffic deck waterproofing coating to the reservoir roof as shown on the Drawings and herein specified. 1.2 QUALITY STANDARDS A. American Society for Testing Materials (ASTM) 1. ASTM C 661 - Indentation Hardness of Elastomeric-Type Sealants by Means of a Durometer 2. ASTM C 794 - Adhesion -in -Peel of Elastomeric Joint Sealants 3. ASTM C 957 - High -Solids Content, Cold Liquid -Applied Elastomeric Waterproofing Membrane with Integral Wearing Surface 4. ASTM D 412 - Vulcanized Rubber and Thermoplastic Rubbers and Thermoplastic Elastomers - Tension 5. ASTM D 1353 - Nonvolatile Matter in Volatile Solvents for Use in Paint, Varnish, Lacquer, and Related Products 6. ASTM D 1640 - Drying, Curing, or Film Formation of Organic Coatings at Room Temperature 7. ASTM E 96 - Water Vapor Transmission of Materials 1.3 SUBMITTALS A. Contractor's Certificate for Approved Applicator for specified product. B. Surface preparation plan and materials. B. Waterproofing and solvent product data and installation instructions. C. Waterproofing and solvent materials safety data sheets. D. Representative waterproofing samples including color charts. E. Aggregate source and gradation. F. Certificate of Proper Installation. G. Warranties described in Section 1.7. FOOTHILLS RESERVOIR ROOF JULY 17, 2000 07180 1 PEDESTRIAN TRAFFIC DECK WATERPROOFING 1.4 QUALITY ASSURANCE A. CONTRACTOR performing the work shall have the following minimum qualifications: 1. be trained and approved by the product manufacturer. 2. have at least five years experience in installing the specified material on concrete substrates. 3. have completed at least one project over 10,000 square feet on horizontal concrete substrates and at least five projects over 1,000 square feet. B. Designate a single individual as project foreman who shall be on site at all times during installation. _ C. Use adequate numbers of skilled workmen thoroughly trained and experienced in the necessary crafts and completely familiar with the specified requirements and methods needed for proper performance of the work of this Section. D. The waterproofing manufacturer shall be available to provide services of manufacturer's field service representative at the project site for purposes of advising and instructing installers in proper procedures and precautions for use of materials and provide a Certificate of Proper Installation. 1.5 DELIVERY, STORAGE AND HANDLING A. Deliver materials to site in original unbroken packages bearing manufacturer's label showing brand, weight, volume and batch number. Store materials at site in strict compliance with manufacturer's instructions. Do not allow materials to freeze in containers. B. Maintain the products in accordance with manufacturer's recommendations with proper precautions to ensure fitness of material when installed. 1.6 JOB CONDITIONS A. Perform work only when existing and forecasted weather conditions are within manufacturers recommendations for the material and product used. B. Protect and mask all adjacent areas from overspray. 1.7 WARRANTY A. Submit to the ENGINEER signed copies of the following written warranties against defective materials and workmanship for a period of two years following FOOTHILLS RESERVOIR ROOF JULY 17, 2000 07180 2 PEDESTRIAN TRAFFIC DECK WATERPROOFING date of completion. Warrant that installed waterproof coating system shall be free of defects including adhesive failure, cohesive failure, weathering deficiencies and waterproofing failure resulting from substrate cracking up to 1/16 inch. PART 2 MATERIALS 2.1 ABRASIVE BLAST MATERIALS Abrasive blast materials shall either be continuously recycled using a vacuum system or be of such a type that produces a minimum of dust and is of similar color to the surrounding soils. Non -recycled sandblast materials with a dark color such as Black Beauty will not be permitted. 2.2 WATERPROOFING A. The cold -applied, liquid -applied polyurethane waterproofing coating system shall comply with ASTM C 957 and be specifically designed to serve as a waterproof membrane on concrete surfaces subject to pedestrian traffic. B. Waterproofing shall have a United Laboratories UL 790 Class A fire rating on concrete substrates. C. Physical properties: The physical properties of the fluid applied waterproofing shall be as follows: Property Test Method Base Coat Top Coat Tensile Strength ASTM D 412 320 psi 3000 psi Elongation ASTM D 412 1,040% 140% S100 ASTM D 412 60 psi 2200 psi Hardness, Shore A ASTM C 661 20 75 Peel Strength on Concrete ASTM C 794 100% 100% Water Vapor Permeance ASTM E 96 0.12 perms 0.06 perms FOOTHILLS RESERVOIR ROOF JULY 17, 2000 07180 3 PEDESTRIAN TRAFFIC DECK WATERPROOFING 2.3 D. Only products produced by Tremco Incorporated, 3735 Green Road, Beachwood, Ohio 44122, (216) 292-5000 will be acceptable. Specific products shall be as follows: 1. Primer: Vulkem 191 2. Base coat: Vulkem 350 3. Top coat: Vulkem 351 E. Color to be manufacturer's standard "beige" matching the existing beige roof coating. AGGREGATE Aggregate for skid resistance shall be 40-50 mesh silica sand. -' 2.4 SOLVENT Solvent for cleaning shall be MEK, toluene or xylene in accordance with the manufacturer's recommendations. PART 3 - EXECUTION 3.1 SURFACE PREPARATION A. General 1. Surface preparation and detailing procedures to be in accordance with waterproof coating system manufacturer's recommendations except where more stringent requirements are indicated in Drawings and Specifications. 2. The prepared concrete surface shall be sound and any previous coatings shall either be compatible with the waterproofing and firmly bonded to the concrete or shall be removed by means approved by the ENGINEER. B. Concrete Condition 1. New concrete surfaces to receive coating shall be smooth with finish equal to one that is light steel troweled followed by a fine hair broom. The concrete age shall be at least 14 days, but preferably 28 days. 2. Concrete surfaces shall be sound and free of voids, bug holes, rock pockets, honeycombs, protrusions, excessive roughness, and other defects which may inhibit application or performance of the waterproofing coating system. 3. Repair concrete surfaces in accordance with the Drawings and Specification _ 03930 - CONCRETE REPAIR. Provide surfaces that are smooth and, unless specified or shown elsewhere, fill all voids more than '/a inch deep and'/. inch wide. FOOTHILLS RESERVOIR ROOF JULY 17, 2000 07180 4 PEDESTRIAN TRAFFIC DECK WATERPROOFING C. Cleanup 1. Concrete surfaces to be coated shall be cleaned using a high-pressure waterblast, abrasive blast or other means suitable for achieving the desired surface approved by the ENGINEER. 2. The prepared concrete surfaces shall be free from form release agents, curing compounds, chemical retarders and other surface treatments, laitance, soil, debris, frost, ice and other contaminants which may inhibit application or performance of the waterproofing system. 3. Remove all standing water from the roof surface and allow any surface moisture to dry. 4. If requested by the ENGINEER, perform adhesion checks of the substrate using field adhesion test method recommended by manufacturer. 5. Immediately prior to coating application, the concrete surfaces shall be vacuum cleaned or blown clean with oil -free compressed air. 6. All surfaces to be coated shall be reviewed and approved by the ENGINEER prior to applying waterproofing material to ensure a uniform and bonded substrate for coating application. 3.2 WATERPROOFING A. General 1. Apply coating only when the concrete surface temperature is 40° F or greater and rising and less than 110' F. 2. Mask off adjoining surfaces not to receive coating system. 3. Coat vertical surfaces beginning at the low point and working towards the high point. B. Base Coat 1. Spray apply base coat to a uniform wet thickness of 40 mils in a single coat. 2. Spray equipment should have a 45:1 ratio pump and operate at 50 pounds per square inch with a 70 cubic feet per minute air supply. Use a one - inch -diameter material hose (100-foot-long maximum), a 5-foot-long whip hose at the gun, and a 0.029 to 0.037 tip with a Reverse -A -Clean nozzle. 3. Small or difficult to reach areas may be rolled or brush applied. 4. Featheredge when entire area cannot be completed in one day. Clean area six inches wide along edge of coating with solvent on clean white rags prior to startup on next working day. Use primer per manufacturer's instructions as needed. Overlap existing work by six inches with new work. 5. Allow to cure in accordance with manufacturer's instructions. FOOTHILLS RESERVOIR ROOF JULY 17, 2000 07180 5 PEDESTRIAN TRAFFIC DECK WATERPROOFING C. Top Coat 1. After the base coat has cured, but still remains tacky, apply top coat using a medium nap, solvent -resistant roller sleeve to a uniform wet thickness of 15 mils in a single coat. ^' 2. If the base coat has lost its surface tack, clean the base coat with solvent and coat the surface with primer prior to installing the top coat. _ 3. Mix the topcoat to assure no settlement in the bottom of the container and the color is uniform with no streaks or striations. 4. Allow top coat to cure a minimum of 24 hours prior to allowing pedestrian traffic in accordance with manufacturer's instructions. 3.3 AGGREGATE A. Unless otherwise approved by the ENGINEER, immediately broadcast aggregate into wet top coat until the entire surface is covered. B. After the top coat is cured sweep and vacuum clean all loose unbonded aggregate. 3.4 FIELD QUALITY CONTROL A. Grid deck surfaces to assure proper coverage rates. B. As work progresses, check the work for coverage and thickness visually and tactilely. C. Measure wet -film mil thickness with a lightly oiled, needle nose depth gauge at least once for every 5000 square feet of coverage as work progresses. Also measure a small number of blister heads for proper thickness. Repair test areas as recommended by the manufacturer. D. Retain empty product containers during course of work to aid in determining whether completed coating system complies with manufacturer's average thickness requirements. E. Touch up thin and tested areas per manufacturer's recommendations. 3.5 CLEANUP A. All blast materials used for surface preparation and all loose aggregate shall be removed from the concrete surface and legally disposed of off the Owner's property. B. Promptly remove primer or coating material from adjacent surfaces with solvent. FOOTHILLS RESERVOIR ROOF JULY 17, 2000 - 07180 6 PEDESTRIAN TRAFFIC DECK _ WATERPROOFING 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 7/96 Section 00100 Page 6 C. Remove construction debris and containers from the project site. D. Leave roof surface in broom clean condition. END OF SECTION FOOTHILLS RESERVOIR ROOF 07180 JULY 17, 2000 PEDESTRIAN TRAFFIC DECK WATERPROOFING SECTION 07900 SEALANTS PART1 GENERAL 1.1 WORK INCLUDED A. The Contractor shall furnish all labor, materials, tools, equipment, and perform all work and services for all sealant work, both exterior and interior where the words caulk, caulking or sealant is shown on drawings or specified, in accordance with provisions of the Contract Documents, and completely coordinated with work of all other trades. B. Although such work is not specifically indicated, furnish and install all supple- mentary or miscellaneous items, appurtenances and devices incidental to or neces- sary for a sound, secure and complete installation. 1.2 QUALITY STANDARDS A. American Society for Testing and Materials (ASTM) 1. ASTM C 509 - Cellular Elastomeric Preformed Gasket and Sealing Mate- rial 2. ASTM C 920 - Elastomeric Joint Sealants 3. ASTM D 1056 - Flexible Cellular Materials - Sponge or Expanded Rubber 4. ASTM D 1565 - Flexible Cellular Materials - Vinyl Chloride Polymers and Copolymers (Open -Cell Foam) B. Sealant, Waterproofing and Restoration Institute (SWRI) - Sealant and Caulking Guide Specification C. Federal Specification (FS) 1. TT-S-011543A 2. TT-S-00227E(3) 3. TT-S-00230C, Type I1, Class A FOOTHILLS RESERVOIR ROOF JULY 17, 2000 07900 1 SEALANTS D. Acceptable manufacturers I. Subject to compliance with specifications, products of the following manufacturers are accepted for use: a. Potable Water Containment Structures 1) Polyurethane sealant: _ a) Sikaflex - 2c, NS 1.3 SUBMITTALS A. Product data, specifications and installation instructions B. Materials Safety Data Sheets 1.4 QUALITY ASSURANCE A. Perform work in accordance with Sealant, Waterproofing and Restoration Institute requirements for materials and installation. B. Perform work in accordance with sealant manufacturer's requirements for prepara- tion of surfaces and material installation instructions. C. Maintain one copy of each document on site. PART 2 PRODUCTS 2.1 MATERIALS A. Color 1. Provide colors matching existing sealant. B. Type 1. Provide non -sagging sealant for vertical joints. 2. Sealants for horizontal joints may be self -leveling. C. Filler Compatibility 1. Before use of any sealant, investigate its compatibility with joint surfaces, fillers and other materials in joint system. 2. Provide only materials compatible with installation conditions. FOOTHILLS RESERVOIR ROOF JULY 17, 2000 07900 2 SEALANTS -' D. Field Services 1. Obtain sealing compounds only from manufacturers who will, when re- quired, provide services of manufacturer's field service representatives at project site for purposes of advising and instructing installers in proper procedures and precautions for use of materials. 2. Provide such services, when required, without expense to Owner. E. Sealant Applications 1. Two component polyurethane. (interior use). F. Joint Cleaner 1. The joint shall be cleaned as recommended by sealant manufacturer. G. Joint Primer -Sealer 1. The joint shall be primed as recommended by sealant manufacturer. H. Bond Breaker 1. Bond breaker material shall be furnished and installed as recommended by sealant manufacturer. PART 3 EXECUTION 3.1 INSTALLATION A. Surface Preparation 1. Clean all joint surfaces. 2. Joint walls must be sound, clean dry and, free from oil, grease, and frost. 3. Curing compound residues and any other foreign matter must be thor- oughly removed. 4. Where required to completely clean the joint, the joint shall be mechani- cally cleaned by water or sand blasting. B. Bond Breaker Installation 1. Install bond breaker as required to regulate depth of sealant. FOOTHILLS RESERVOIR ROOF JULY 17, 2000 07900 3 SEALANTS C. Areas to be Sealed 1. Seal joints or areas which will permit penetration of moisture as shown on the Drawings. 2. Make all joints watertight. _ D. Priming 1. Where required, prime joint surfaces. 2. Limit application to surfaces to receive caulking. Mask off adjacent sur- faces. — E. Application 1. Use sufficient pressure to fill all voids and joints solid. 2. Apply sealant when joint slot is at the mid -point of its designed expansion and contraction. — 3. Install sealant with hand or power -operated caulking gun horizontally in one direction and vertically from top to bottom. _ 4. Avoid overlapping of sealant to eliminate entrapment of air. 5. To facilitate tooling, wet concave pointing tool with a diluted soap solu- tion. _ 6. Apply sealants when the surface and ambient temperature is 40° F or higher and in accordance with the temperature limitations of the manufac- turer. — F. Clean Up 1. Dispose of all spillage and refuse sealant material in accordance with ap- plicable regulations. END OF SECTION FOOTHILLS RESERVOIR ROOF JULY 17, 2000 07900 4 SEALANTS i CONSTRUCTION DRA WINGS FOR THE CITY OF FORT T CO L L INS UT/LIT/ES FOOTHILLS 4NO RESERVOIR ROOF COATING IN FORT COLL/NS, COLORADO August, 1000 City of Fort Collins Utilities DRANTNG SHEET Na INDEX RRE COWN MEET I. LOCH ROV MAP I ROOF COATING IORTH FORT LYYLM WATER TREATMENT FACILITY SOLD" LAPOPTE ALE CAN)M DAM IORTH I I MUGERRr smtEr F007HILLS RAIPARr �, 4 MG { RESERVOR T \ O !1 GSU. � I FOOTHILLS 4 MG CGIMACTO4 ACCESS ROWS RESERVOIR r ROAD PROSPECT RD / --- 4" I BANYAN DRIP£ Yz ACCESS CATE IORTH I AZALEA W VAL -�STADIUM I � \ •\• Jp$ \, CRAIii ACCESS ROAD j FOOTHILLS w�E '� it FORT COLLINS I a • �• 4 MG - CHAN LAMP FENCE \ / \' RESERVOIR r S' I J `'� ..... T CAN1iN DAM —� DRAKE RD s ® "DPW DPW "us,! RUSTYRTB '�" "°"" B VDWY SaLE O� F 7NIS BAR DOES NOT 1EASIME 1' A�o�e10.r XW Z tdb . Aw S u u • • • �.IUI_ !y (� �tlYDATE ~��w CITY OF FORT COLLMIS UTA TES FOOT%MLLS 4MG RFS �Y� ROOF COATM I 19, 2000 9:2tf AM oml�ta.y a_e 1 = 1 � j T + o BY DESCRIPTION REMOME AND REPLACE SEALANT AT 25 24-FOOT-raw wuc C NSDILAC7ION JOINTS NCLLOING BDIH SEES OF NWKR WALL SEE DETAIL SPALL REPAIRS; 10 ESRBd7M SEE DETAIL® ORTj.� =o AREA COATED AVI99T NTH I'-9' 20'-0' • T0=0' 10'-O' -O' 2Y-O" T1'-B' O'-O' Z0=0' ?0=0' Td-0' , 20'-O" 1•-9• AVOW 352/J11, 101/fJl W DAMAGED AREAS I I ALLAIP7A1 NATLYI i I I �riJC ME 1COATING 17EST AREA CCUI7T ROUT AND BOT7AM EVS7WC COALED STEEL LENT __ _ _____ _ _ ____ _____ ______ _ ___ _ _____ __ __ o I I I I I I I I I ALL AROUND RISERS RH I - I I I I I I I I i LiECTRICQ SERNq c i — - - II - COT BUT NOT Eons ROGOF OR I I 1 I N wAuJ '� E70 HA7CIl3 II I •SY r. WALLS Ii 9 4"RISOM *---� ?--' •o I I 1 I T T I APPROXM47E OPOLOIDLME R I I"EST CELL I I I EAST an REPEAL£ POLYURETHANE SEALANT . MOM HAS SEPARATED FROM ROUTED ryji t 'i�AOA— - I I - —IL — - JaWTS W AREAS MARRED BY 7ME 'E Rah INDAA�CEX FLIP I ENGYNEm sE DETK ' i WLF R I I 1 1 W ACCORD WIN E FE W? Cr7ING III`— ,,,I I ' - '------- i li - i _----' 1' o' Y Y R I MIL III It I JII —--T-�i-- I ii SCALE' 1 a 1-0" I PR07ECT AREAS NOT DESR7OI IED TO BE COATED WIN PLASDC -%Vr WG DR I I I OAER SUITABLE MEANS COARNO LW AREAS NOT DESVM47EO 70 BE COATED SMALL BE REMOIED BY THE CON7RAC7LM BY A MEANS APPROMED By 7 E ENcogm ---_ JL __FOUR CORNERS AND 0ZhV? CRACIC AREAS PREMOLTSLY ROU7ED AND BALED BE PR07ECIED O EJOS7TNO 18 -o' x 17'-0' ACCESS HOUSE AND STAIRWAYS 10 N7E70O'L PROTECT MOSS ROCK ON WALLS FROM COATNC COA M£ I7EST x 70 N R ASPHALTIC EDGE O REST AREA ON ROOF AND EDGE CT ROOT L70.SING aiB' CLOSED CELL BAOER ROD 70 REMAIN (REPLACE AT NO DFOiSE TV OWER i DAMAGED DURING SEALANT REMOVAL) � i I�i iI/ :• O REMOMY AND REPLACE DLS ROAVED PLY)TAPf7HANE SEALANT �NEW PEDESIMW 7RAFFTC DECK WATEIPPRODT/AG 0 ♦ 4 ` �tp p i. i W. 7 :♦ i4 i WIN POLYMER ) PORMAND CEMENT SOAL REPAIR T p NOT TO SCALE ND7E REPAIR ALL SPALLS GREATEN DEAN W AM£RAOE MOVER OR W DEEP 7RAFFIC DECK REMOM£ AND REPLACE CAULK W7H BON PFDIA/E SEALANT./ APPLYY BOND AWAAERSIM RECOMA 4 MANUF C71,9 BY SEALANT MANA/iAC7UROL -� WALL COVS7RWl?ON 9" WA7E -.'� PTA a� •�•� A - A INSADE FACE WALL SEALANT REPAIR %31 NOT TV SCALE NOTE DIMENSIONS AND COVFM7JRAMN OF WALL. JONIS ARE SHONN APPRRq/AmY. A uT EDATE ...YWIIR RUSTv Om®R AAlml�ll: RiB VEIV+SCALE /,�,�',��;DPW $A1 r..S �_� ... .... ..�s L)ire-wA��FwlCllim J, m �1/�YY�� V/ A, OW FOOTHOLLS 4MO E6 ROOF COM GW F OOMM TI95 But GOES NOT AEAWIRE I' y dM 19. 20M 9.11 AN BY DESCRIPTION om/tt2e.q 1' a 20' 2 9FEI 2 6 2 R.Q 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum 7/96 Section 00100 Page 7 of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER 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 7/96 Section 00100 Page 8 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. END OF SECTION 7/96 Section 00100 Page 9 SECTION 00300 :31119 Oki MA No Text SECTION 00300 BID FORM PROJECT: Foothills 4 MG Reservoir Roof Coating Place: City of Fort Collins, Purchasing Division, 256 West Mountain Avenue, Fort Collins, Colorado 80521 Date: August 28, 2000, p.m. In compliance with your Invitation to Bid dated August 7, 2000, and subject to all con ' ' the undersigned WeatherSure Systems. Inc. a ** opora;ereof, Limited Liability Company, Partnership, Joint Venture, or Sole propne or) 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 which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of Bid Bond ($ 5% ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the bidder proposes to furnish the specified performance and payment bonds is as follows: Fidelity and Guaranty Insurance 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 of Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7/96 Section 00300 Page 1 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through CONTRACTOR WeatherSure Systems, Inc. ADDRESS: 3333 South Platte River Drive 7/96 Section 00300 Page 2 8. BID SCHEDULE (Base Bid) ITEM DESCRIPTION QUAN. 1. Roof spail repairs 1 2. Roof sealant 60 3. Pedestrian T 24,900 4. Wall sealant repair 600 TOTAL FOR ITEMS 1 THROUGH 4 _ UNIT PRICE EXTENSION LS $ 985.00 $ 985.00 LF $ 6.00 $ 360.00 SF 2.762 $ 68.780.00 LF $ 4.90 $ 2,940.00 seventy three thousand, sixty five dollars IN WORDS $ 73,065.00 IN FIGURES 7/96 Section 00300 Page 3 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned WeatherSure Systems* as Principal, and Fidelity and Guaranty Insurance** as Surety, are hereby held and firmly bound unto the City of Fort Collins Colorado as OWNS in the sum of $ 5%---------- for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. * Inc. THE CONDITI ON 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, Foothills 4 MG Reservoir Roof Coating. Bid No. 5525 ** Company 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. 7I96 Section 0410 Page 1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this28t1day of August , 2000, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL SURETY Name:WeatherSure Systems, Inc. Name: Fidelity and Guaranty Insurance Company Address: 3333 S. Platte River Drive Address: 385 Washington Street En lewoo rado 80110-2140 St. ul MN 5 By: By: be ly D. J n on Title: �f ^L`g�. 'title: _ Attorney -in -Fact I AT t"EST_ By: � By (SEAL) (SEAL) 7196 Section 00410 Page 2 7heS'Fhul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Power of Attorney No. 21955 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States. Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Douglas C. Baesler, Joan C. Armstrong, Kimberly D. Johnson and Henry C. Higginbottom, III Denver Colorado of the City of , State , their We and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings reu"e0 or 'tted in,any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this Seaboard Surety Company St. Paul Fire and Marine In St. Paul Guardian Insu St. Paul Mercury Insurance �fjeya*ry 6` �fq�.tigSGq ci-si-.0 p0.FUggI��y'.927�f:q�. mA + q o.:SEAL e"4't'ornw'V�.,NCfYd 9 't` State of Maryland City of Baltimore tstrume sign a sealed h?& 5th day of July 2000. kN v < rted States Fidelity and Guaranty Company s �ompanyL; Fidelity and Guaranty Insurance Company rantbnpamy'= Fidelity and Guaranty Insurance Underwriters, Inc. Is ?rjooy Go,19?ia °t 'JOHN F. PHINNEY, Vice President �� /� A;Lt..X MICHAEL R. MCKIBBEN, Assistant Secretary On this 25th day of July 2000 , before me, the undersigned officer, personally appeared John F. Phinney and Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. a REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 11-99 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Michael R. McKibben, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 28th day of August 2000 Safy om",�pZn1927 iSEaLlo���Lt19�I95I Michael R. McKibben, Assistant Secretary Q ' s:ixyD� •P' : ' AMtdt'a,. To verify the authenticity of this Power of Attorney, call 1-800-421-38 #bd Powl or�ney clerk. Please refer to the Power of Attorney number, the above -named individuals and the details of the bond to whig7i�prowe he°�' *W; �*x 41 n�aV s 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: WeatherSure Systems, Inc. 2. Permanent main office address: 3333 South Platte River Drive Englewood, CO 80110 3. When organized: November 1994 4. If a corporation, where incorporated: Colorado 5. How many years have you need engaged in the contracting business under your present firm or trade name? 6 Years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) See Attached 7. General character of Work performed by your company: Commercial waterproofing, roofing and architectural sheet metal 8. Have you ever failed to complete any Work awarded to you? No 9. Have you ever defaulted on a contract? No If so, where and why? 10. Are you debarred by any government agency? No If yes, list agency name 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. See attached 7/96 Section 04200 Page 1 12. List your major equipment available for this contract. 8 3/4 ton pick-up truck 4 1/2 ton pick-up truck Graco 9500 spray rig 13. Experience with specified pedestrian traffic deck waterproofing including one project over 10,000 square feet and five projects over 1,000 square feet including at least one project completed at least five years ago. Include project owner and contact phone number, project name, square footage coated and date of completion (attach separate sheet if necessary): " Frederick Ross Company Fillmore Place Completed 7/98 (303) 388-3506 11,500 sq. ft. Writer's Square Homeowner's Association Completed 11/98 (303) 641-6702 ext. 21 5,080 sq. ft. Dunton Realty Fairview Plaza Completed 9/99 (303) 758-0427 3,980 sq. ft. Westwind Management American Apartments Completed 6/99 (303) 369-1800 6,000 sq. ft. " Carr America Pann I and II Parking Structures Completed 10/99 (303) 598-8384 7,140 sq. ft. Prime West Management Centennial Airport Business Ctr Completed 11/99 .(303)741-0700 1,260 sq. ft. 7/96 Section 04200 Page 2 TABLE OF CONTENTS SECTION TITLE 00020 INVITATION TO BID 00100 INSTRUCTIONS TO BIDDERS 00300 BID FORM 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (Subcontractor) 00660 Consent of Surety 00670 Application for Exemption Certificate 00700 GENERAL CONDITIONS 00800 SUPPLEMENTARY CONDITIONS 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment DIVISION I - GENERAL REQUIREMENTS 01110 SUMMARY OF WORK 01140 WORK RESTRICTIONS 01270 MEASUREMENT AND PAYMENT 01330 SUBMITTALS DIVISION 3 - CONCRETE 03930 CONCRETE REPAIR FOOTHILLS RESERVOIR ROOF JUNE 29, 2000 1 TABLE OF CONTENTS 14. 15. 17 0 19. 20 21. 22 Background and experience of the principal members of your organization, including officers: See attached Credit Available: $ 50,000.00 Bank Reference: Vectra Bank Kerry Mayer Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes Are you licensed as a General CONTRACTOR? No If yes, in what city, county and state? What class, license and numbers? Do you anticipate subcontracting Work under this contract? If yes, what percent of total contract? 15% and to whom? Are any lawsuits pending against you or your firm at this time? yes If yes, DETAIL Potential fume suit pending from November 1999. No filing at this time. What are the limits of your public liability? DETAIL 2.0 million plus 1.0 million umbrella What Company? Transcontinental CNA What are your company's bonding limitations? 500,000 7/96 Section 04200 Page 3 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 �2 U� �r�, this oN""' day of �aw�t 20 C Name of Bidder Title: By: Lrcr--WSJ Q-- C-,C) , re. -4 P Y� S 'i Ctc A - State of On t C y-o-p l,, r) } County of Ol f-& PCc_ or being duly sworn deposes and say, hat he is P red I e-AL es• :E __of 1k),9�'�4"v7SL�-r e- S L4s4ei-n s, 1 n C, . (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this - day of ca«-)f ,20y0 Notary Public My commission expires C/07�Q/?(7z Z % 7/96 Section 00420 Page 4 WeQllterSGrr; Systems, Inc. Proiect Status RPoort Distribution VAM JM CRG ..,?'+l i1 „l„Mk rolec Na!rl k; 1 � : v., wu ti> , ,, :.n €r �} may,:'. � wk? 'N'147S rr [rye,. )?..:r. 'Y v'•.9 JY... al)tl+'YY'-�xii p"7 f.?;t1 f.Sr::e'.wlM^kS�xAYd} ,.. � x I � 5� v -dient s s- ? ]. - n -, "yam S lP+.a.xi+�pt Contract k- 4 n E° y 1 �,,Amt. � A::iYis,r':3 Man V f=N Houss 5tatu _. s. !°;s : CompleH 1 _ 9 B1Ifetl fir€ .,, Amount Asa; Illing 1w y:Balance`:,; 203101 Safeway #637 - Steamboat Spqs. Safeway 1 5-15.00 32 NS 0% 1,515.00 203136 Main St. Market Place - 17th & Main - Longmont Hi hline Group 4 574.00 48 NS 0% 4,574.00 203140 Safeway #1599 Safeway 6,980.00 96 C 100% 6,980.00 203144 Englewood High School - 3800 S. Logan Area 1 LoWer Area Sverdru -CRSS w1204114 24 W #VALUE! #VALUE! 203145 Englewood High School - 3800 S. Logan Area 2 Upper coal tar Sverdru -CRSS w/204114 32 NS #VALUE! #VALUE! 203146 Residence - 12 Black Bear Lane Ric Holderith T&M 16 NS #VALUE! #VALUE! 203147 Pacifica Auto Works - 1948-1952 W. Union - Billed pNor to Job start First Industrial Real 2 804.00 56 NS 0% 2 804.0-0 203148 Union Stanford Ind. - 1825-1935 W Union - Billed pdor to Job start First Industrial Realty 7,165.00 64 INS O%l 7.165.00 203149 Pacifica Union - 1855-1865 W. Union - Billed prior to Job start First Industrial Real 3 170.00 64 NS 0% 3,170.00 203151 Safeway #1578 - 1101 E Hwy 24 Woodland Park Berwick Electric T&M NS #VALUE! #VALUE! 203153 1900 Grant LTD 1900 Grant/First Range 547.20 16 C 100% 547.20 203154 Estelle Wolf- 5 Polo Club Lane Estelle Wolf T&M 32 NS #VALUE! #VALUE! 203155 The Ride Castle Pines - CRG to give $ from L n's notes The Rid e/C berCon 30 243.00 640 W 1 0% 30 243.00 203159 Residential Home - 965 Coral LDS Church T&M 8 NS #VALUE! #VALUE! 203160 Safeway 0836 - Frisco CO Safeway 5,097.00 64 NS 0% 5,097.00 203164 1441 York St. Bob Wiercinski T&M 16 NS #VALUE! #VALUE! 203168 Safeway #0722 - 457 W Main - Trinidad Safeway T&M 32 NS #VALUE! #VALUE! 203172 St Thomas More Ctr. - 8035 S. Quebec American Commercial Air NTE 4850. 80 INS #VALUE! #VALUE! 203173 Bayberry Condo's - 731 S. Kalis el Westwind Management T&M 2 W #VALUE! #VALUE! 203174 First National Bank - 155 E. Boardwalk Ft. Collins First National Bank T&M 16 NS #VALUE! #VALUE! 203176 Parkway Products - Loveland Parkway Products WMP 16 NS #VALUE! #VALUE! 203177 St Patrick Church - 3235 Pecos Archdiocese of Denver T&M 40 NS #VALUE! #VALUE! 203178 Wamsley Elementary Garfield School Dist. 2,120.00 32 NS 0% 2.120.00 203179 United Airlines - 5347 S. Valencia do Hi hline Group WMP 2000 16 NS #VALUE! #VALUE! 203180 Filmore House HOA - 345 Fillmore Colorado Property M mt T&M 16 INS #VALUE! #VALUE! 203204 5040 Ward Rd. - Punchlist & Change Order Baker & O levie T&M 12 NS #VALUE! #VALUE! 203261 Safeway #0010 - Evergreen Safeway 1,815.00 24 NS 0% 1,815.00 203262 Safeway #0011 - 10853 US Hwy 285 - Conifer Safeway 3.125.00 48 NS 0% 3 125.00 203279 5961 N. Broadway Essex Warranty 2 W #VALUE! #VALUE! 203283 5961 Broadway Essex Warranty 4 NS #VALUE! #VALUE! 203290 1660 17th St. -to DRB 8/14/00 for billing review Prime West W? . 1 C #VALUE! #VALUE! 203298 121 Madison Madison St. Ventures T&M 16 NS #VALUE! #VALUE! 203317 Panera Bread - 6360 E. 58th Ave S ie e1 lass Const. Co, 776.85 + 24 W #VALUE! 776.85 #VALUE! 203319 Arapahoe Comm. College - 5900 S. Santa Fe - Need WO to bill Versico 1,600.00 16 W 0% 1 600.00 203331 Christie Lodge - Avon CO Christie Lod e/FiberTite Warranty 48 NS #VALUE! #VALUE! 203407 1660 17th St. Constructors & Associates T&M B W #VALUE! #VALUE! 821/00 2'.23 PM 1 CUob Reportsllabor totals As Contract Status WeamerSure Systems, Inc. Proiect Status Reoort Jislribuuon VAM JM CRG k 48 p 1511, z. E . i �,�.�� 5 ' .nmi 4j�*j, an r roc an, sft _ =Cam I IFS Bill :Y,Amount t,- Jii7 j III rr.: Balarim.-.- 1.�t.. N 203411 New Marshalls - Old Theater - 151 W. Mineral -Billing to CRG B Davis Inc. T&M C #VALUE! #VALUE! 203413 Englewood HS - 3800 S. Lo an Sverdru -CRSS T&M W #VALUE! #VALUE! 203414 En lewood HS - 3800 S. Logan Sverdru -CRSS T&M W #VALUEl #VALUE! 203416 North lenn Dodge - 650 W 106th Ave North lenn Dodge T&M .. 8 NS #VALUE! #VALUE! 203510 Hewlett Packard -Punch List MinnKota 1 2 NS #VALUE! #VALUE! 203516 The Governor's Plaza - 600-624 Pennsylvania MTH Property M mt, 3,182.00 40 NS 0% 3,182.00 203518 Nancy S dlow - 1328 S University Blvd I S dlow McMillan Sales T&M 950.00 8 8 NS INS #VALUE! 0% #VALUE! 950.00 203521 McMillan Sales - 4801 E. 46th Ave 203522 1 Design Fabricators - 500 E 76th Ave Colliers SK 3,587.00 32 INS 0% 3,587.00 203604 200 W. County Line Rd. Insite Properties 195.00 2 NS 0% '195.00 203606 Annunciation School - 3536 Lafayette Annunciation School 1,415.00 24 NS 0% 1,415.00 203607 445 Union Blvd. - Gutter cleaning c/o CB Richard Ellis T&M 1 NS #VALUE! #VALUE! 203609 Safeway 91577 - Academy & Hwy 115 Safeway 1,109.00 24 NS 0% 1,109.00 203610 Safeway #3729 - 1231 S. Prairie -Pueblo Safeway 124800 16 NS 0% 1,248.00 203615 Harbor Freight - 13668 E. Alameda Sevo Miller Warran 4 NS #VALUE! #VALUE! 203620 Stanford III - 4582 S. Ulster - to DRB for bililn 8-10-00 CMD Realty T&M 1 NS #VALUE! #VALUE! 203624 5961 N. Broadway Essex Financial T&M 8 NS #VALUE! #VALUE! 203627 Colorado Lace -7595 S. University Trammell Crow 578.00 8 NS 0% 578.00 203631 Safeway #141 Bush Decor T&M w #VALUE! #VALUE! 203632 Gold Coin Bldg. 5740 Old Wadsworth Bane Ta lor/IPM Real Estate G T&M 2 NS #VALUE! #VALUE! 203634 Safeway #2241 - 84th & Federal Safeway T&M 4 INS #VALUE! #VALUE! 203635 Safeway #0684 - Farmington, NM Safeway 834.00 8 NS 0% 834.00 203636 Safewa #1131 - Montrose CO Safeway 2 920.00 40 NS 0% 2,920.00 203637 Safeway #2810 - Monte Vista CO Safeway 2,060.00 24 NS 0% 2 060.00 203638 Safeway #3728 - Canon City,CO Safeway NTE1418. 16 NS #VALUE! #VALUE! 203639 Meadowlark Center - I & Garrison Shockor 658.00 8 NS 1 658.00 203640 SLA of Colorado - 1575 Vine St. SLA of Colorado 649.00 12 NS 0% 649.00 203641 2075 3. Valencia Essex Financial 529.00 4 INS 0% 529.00 203642 La Cherie Apartments - 33 Pearl St. La Cherie Apartments 1,420.00 24 INS 0% 1.420.00 A lewood Villa e - 32nd & Youn field - Subwa Trammell Crow T&M 4 NS #VALUE! #VALUE! Safewa #2138 -Buckle & Mexico Safewa 986.00 4 NS 0% 966.00 r Ma'orca - 1050 Lafa ette Colorado Pro e M mt 736.00 B NS 0% 736.00 Stanford III - 4582 S. Ulster CMD Real T&M 4 NS #VALUE! #VALUE! Bristol Point - 880 S. Buckle - 7-11 Sevo Miller 1,186.00 12 NS 0% 1.186.00 203649 Bergen Village - Evergreen Trammell Crow 2 090.00 32 NS 0% 2.090.00 203650 133 S Jackson St. #4 Colorado Pro e All 489.+ 8 NS #VALUE! #VALUE! W21M 2'.23 PM 4 C'.Uob Reportstabor lotalsxls Contract Status WeatnerSure Systems, Inc. Proiect Status Renort Distribution VAM JM CRG sWv y A -F) { Pro ectName. s: _ <.:.:. 1 :r.rc _ a F ,, 1. ti -, r , < <,,, a. s . a t x vx �r. . ,�_ .. .,.. ....:. lam.��. ,< Y"F Y t.� .. 3 :a; _, M ; .'aCllent s _s..,,'F .# .,r ,. .. .. a -_ .. -Y4 } .ram Co traC' ,t=. n x F {Atnt ?.."au t�M t1}� Hours �r = 5tatu s : i �e 3 Completi + - on ,. 911e .. ':Amount °.,y.,Baiance.f: Btlitng r 203651 Westland Plaza - 1545 Quail St - Diamond Nails Sevo Miller T&M 4 NS #VALUE! #VALUE! 203652 2016 Larimer St. Pacific Mercantile 1,685.00 24 NS 0% 1,685.00 204011 London House - 1233 Ogden Colorado Property M mt 9,080.00 64 W 70% 6,356.00 2,724.00 204014 Safeway #2201 - 4860 Pecos Safeway 7 433.00 .. 80 NS 0% 7,433.00 204015 Safeway #0344 - 9160 W. Colfax Safeway q 3-45.00 64 NS 0% 4,345.00 204016 Safeway #3727 - 222 W. 7th Walsenbur Safeway 5 13-5.00 64 NS 0% 5,135.00 204017 Applewood Village - 32nd & Youn field - 10 buildings Trammell Crow 20 000.00 168 NS 0% 10 000.00 10 000.00 204018 Safeway #0683 - Farmington, NM Safeway 2,735.00 24 NS 0% 2 735.00 204061 Bed Bath & Beyond - 7225 W. 88th Porter Construction 4,815.00 112 NS 0% 4.815.00 2040621 Bed Bath & Beyond - 7225 W. 88th CB Richard Ellis/Gallagher 6,353.00 128 NS 0% 8,353.00 204111 Fairbanks Townhomes - 16th & Humboldt Gardner Co. Inc. w/205202 64 W #VALUE! #VALUE! 204113 7025 S. Revere Statewide Mechanical T&M 16 C #VALUE! #VALUE! 204114 Englewood High School 3800 S. Logan Sverdrup - CRSS 21 218.00 286 W 76% 16 025.80 5,192.20 204114 Englewood High School 3800 S. Logan - Stairwell & Kitchen Sverdrup - CRSS 128 W #DIV/O! - 204117 Colo, Finest School Sverdrup - CRSS w/5000 job 24 C #VALUE! #VALUE! 204121 Tar et Store #T0093 - Mesa Mall Grand Junction Target Roofing Services 6 370.00 96 W 85% 5 414.50 955.50 204122 St. Joseph s Church & Recto - 6th & Gala a o Archdiocese of Denver 15 794.00 256 W 43% 6,824.00 8,970.00 204125 Colo Rocky Mtn School - Carbondale CO Colorado Rocky Mtn. School W/5126 job W #VALUE! #VALUE! 204126 St. Thomas More Ctr. - 8035 S. Quebec American Commercial Air 6,055.00 80 NS 0% 6,055.00 204129 Safeway #1286 - 3275 W. Colorado - Manitou Spgs. Safeway T&M 64 NS #VALUE! #VALUE! 204130 204302 St Thomas More Ctr. - 8035 S. Quebec Interlocken - 295 Interlocken Blvd Archdiocese of Denver 1785. + 96 NS #VALUE! #VALUE! Colliers BK 7,640.00 NS 0% 7,640.00 204303 Longmont Foods - 150 Main St. Longmont Foods 4 200.00 32 NS 0% 4 200.00 205112 Historic Firehouse - 667 4th Ave - Longmont, CO City of Longmont 26 410.00 224 NS 0% 26 410.00 205124 Our Lady of Fatima - Rectory Archdiocese of Denver 16 414.00 224 W 75% 12 310.50 4,103.50 205125 Our Lady of Fatima - Church Buildin2 Archdiocese of Denver 69 813.00 592 W 75% 52 359.75 17 453.25 205126 Colo Rocky Mtn School - Carbondale CO - Change Order Colorado Rocky Mtn. School 1w #DIV/01 - 205126 Colo Rocky Mtn School - Carbondale CO Colorado Rocky Mtn. School 189 162.00 1,000 W 90% 170 245.80 18 916.20 205127 Our Ladyof Fatima -Walkway Archdiocese of Denver 4,380.00 64 W 75% 3,285.00 1,095.00 205128 Colorado's Finest - 2323 W. Baker - To bill on 6/19/00 Sverdrup - CRSS 80 104.00 720 W 97% 77 887.00 2 217.00 205129 Wamsley Elementary - 225 E 30th St. Rifle CO Garfield School Dist RE2 95 088.00 800 W 100% 95 088.00 205129 Wamsley Elementary - 225 E 30th St. Rifle CO - Change Order Garfield School Dist RE2 5,340.00 1 NS 1 0% 5,340.00 205130 St Thomas More Ctr. - 8035 S. Quebec Archdiocese of Denver 44 955.00 512 NS 0% 44 955.00 205131 oy Family Church Archdiocese of Denver 12 630.00 96 NS 0% 12 630.00 205133 The Ride Castle Pines The Rid e/C berCon 55 772.00 880 W 0% 55 772.00 205136 Center Point II - 1777 S. Harrison Le ac Commercial Partners 68 438.00 512 W 50% 34 219.00 34 219.00 W 1100 2'.23 PM -1 C:Uob Reports\Labor tolats.xis Contract Status WeatnerSure Systems, Inc. Proiect Status Report Distribution VAM JM CRG ', ,.:,a •• »-�• . h x. :Pro ec Name',a - �. � , " ,, ado x_ 'a "" .,.,�"�q r;. ' ;.r.' ,r�t'"6 ai�.f ci , +.. .; - . ru r. �_ y r =g; �t„a ., :,v • . r:., r�� .. 'rr ,,§t t llent , c .,, ,-':.----a•xs.Yt.' x 51 ."-. �, _ i ,�m�°t,. :Copt act x d ..��., . ,Amt Eft ��u anStatu . v ... :Hours .��;� �. z saw r' �0'-' COm Teti; .. i� i h �B li letl t .• • -n , y Amount r eill(ng t 5, , xBalance t ', 205137 St Thomas More Ctr. - 8035 S. Quebec Archdiocese of Denver 54 893.00 472 NS 0% 54 893.00 205138 Safeway #1792 - 1445 S. Murray- Colorado Springs Copestone Company 190 391.00 1 472 NS 0% 190 391.00 Sand Creek Retail - 1445 S. Murray- Colorado Springs Copestone Company 33 609.00 NS 0% 33 609.00 205139 Safewa #100 - Cherry Creek Roche Constructors 207 490,00 F NS 0% 207 490.00 205140 Whis erin Pines - 7372-7386 W. Princeton - Bldg 14 Whispering Pines West 32 870.00 496 NS 0% 32 870.00 205141 11"2 Inverness Circle East Etkin Johnson .108 484.00 960 NS 00% 108 484.00 205142 West Park 1 - 15000 W 6th Ave First Industrial 161 185.00 1,760 NS 0% 161 185.00 205158 Tattered Cover - 2960 E 1st Ave S.E. Filmore Place LLC 1,864.00 40 NS 0% 1,864.00 205302 Victory Motors -12705 W. 1 st St. Craig,CO Victory Motors 18 310.00 120 NS 0%1 18 310.00 205303 Denver Enterprise Ctr. - 303 Arapahoe St Denver Enterprise Center 12 625.00 48 NS 0% 12 625.00 205304 Mountain States Imaging Mountain States Imaging Gardner & Co 27 490.00 2,452.00 400 48 C W 100% 60% 27 490.00 1 471.20 - 980.80 207024 Fairbanks Townhomes 207052 Safeway #0344 - Colfax & Garrison Safewav 81035.00 120 NS 0% 8,035.00 207059 Cente oint I - HOLD Leqacy Partners 7 964.00 160 NS 0% 7,964.00 207071 Safeway #29 - 4950 E. Hampden - Change Order Safewav T&M 28 NS #VALUE! #VALUE! 207078 Residence - 688 S. Vine - ON HOLD TIL OCTOBER Tina Warren 2860.+T&M 16 NS #VALUE! #VALUE! 207082 Western Terrace Apts. 7201 Leetsdale Dr. Western Terrace A is 6 408.00 120 NS 0% 6,408.00 207088 Nalley Plaza Center- Quincy & Buckley Commercial Asset Managers 2,905.00 40 NS 0% 2,905.00 207089 6323 Spine Rd - Boulder Etkin Johnson 1,128.00 24 C 100% 1 128.00 - 207093 Valley Plaza - East Building Quincy & Buckley Commercial Asset Mana ers 795.00 16 NS 0% 795.00 207095 Bear Creek Plaza 3234 S. Wadsworth Summit Group 885.00 16 C 100% 885.00 207099 Highland Ranch Med Bldg - 206 E County Line Rd - to Kurt for billing 8/14 Insite Properties T&M 1 C #VALUE! #VALUE! 207127 Centerpoint I Legacy Partners 3 850.00 64 NS 0% 3,850.00 207404 1 Brandy Chase Apts. Iliff & Vaughn Westwind M mt. 4 770.00 8 C 100% 4 770.00 207405 The Collections - 601 S. Broadway Regis 3,331.00 72 NS 0% 3 331.00 207406 The Collections - 695 S Broadway Regis 975.00 16 NS 0% 975.00 207407 Western Terrace Apts. 7201 Leetsdale Dr, Western Terrace A is 4 450.00 80 W 60% 2,670.00 1,780.00 207408 West Point Bldg. - 3900 S. Wadsworth Trammell Crow 20 035.00 416 NS 0% 20 035.00 207409 Tucson Ctr Grubb & Ellis T&M 2 NS #VALUE! #VALUE! 207410 1 Net Delivery Bldg Etkin Johnson T&M 4 W #VALUE! #VALUE! 207411 Kent Denver School - 4000 E.Quincy Kent Denver School 7,151.00 96 C 100% 7.151.00 207412 Applewood Village - 32nd & Youndfield Trammell Crow 1,048.00 20 C 100% 1,048.00 207413 Writers Square - 1512 Latimer Unit #15 & 16 Colorado Property M mt 3,130.00 44 C 100% 3,130.00 207414 Gotham City - 12th & Grant Triton Pro erties T&M NS #VALUE! #VALUE! 207415 Gotham City - 12th & Grant Triton Properties 1 5927-7594. 112 NS #VALUE! #VALUE! 207416 1 Creekside A Hi hline - Bld s 1181-1241 Green Family Ent, 1 5,043.00 104 NS 0% 5,043.00 8/21100 2:23 PM 4 C:Uob Reporls%abor totals.xls Contract Status WeatnerSure Systems, Inc. n Distribution VAM JM nor_ UPUIL ob t t' P oJect Name o -, : �..Atkx _ Gon ract kYbr rl"� ..r.: Fk .:-. .:. . ♦ r . ;'Sne+. ..... ...7iii ..f sa 4'..e _ ex., K 3t a iy .COen s k 4 3ivia�iF.xr::..,aT a '+-r�my..L sF?P4v� O5, ` ,Atilollfit 68�aI1Ce+' 207417 Safeway #2241 - 84th & Federal r w'T 1,251.00 207418 Residence - Writers Square #7 Safeway 1.251 24 NS 0% 395.00 Stephen & Arlene Parker 395.00 4 NS 0% 207419 1 Residence - 440 Williams Bob Latimer 995.00 24 NS 0% 207420 1 Franklin Lofts #41D Steve Deck T&M NS 995.00 #VALUE! #VALUE! 8121/00 2:23 PM CUob ReportslLabor lotals.xls Contract Status WeatherSure It Takes More Than a Roof WeatherSure Systems, Inc. Project Reference List 1999 Roof System Renovation Client 567 Olathe Condominium Assoc. American Capital Property Mgt. Archdiocese Archdiocese Archdiocese Centennial Services Center Land Company Colorado Property Mgt. Group Eagle Creek Properties Front Range Management Langston Taylor Prime West Prime West Sevo Miller Sullivan Hayes Summit Group Trammell Crow Pmpertv 567 Olathe Willow Creek Shopping Center St. Anthony of Padua Annunciation school Our Lady of the Plains Terra -Max Harlan Street Property London House Huron Business Park Swanee Condominiums 717 Mariposa Centennial Airport Plaza Coal Mine & Pierce Shopping Ctr Bristol Pointe 1580 Gaylord Bear Creek Plaza Applewood Village 3333 S. Platte River Dr. Englewood, CO 80110 Phone 303.781.5454 Fax 303.781.5453 • Size (sa•. ft.) g .valet@weatherture. net 9,200 Metal Roof — Paramount 90,000 EPDM 4,400 Tile — ACM Removal 3,870 Shingle/APP 18,400 Energizer — Garland 6,600 Shingle/APP 24,000 Metal Panels — Paramount 11,000 APP — Smooth 54,000 Metal Panels — Paramount 12,500 BUR 7,000 APP Modified Bitumen 33,000 Asphalt Built -Up 69,000 BUR/EPDM/APP 23,500 EPDM 12,000 Shingles/Cap Sheet 55,000 PVC/EPDM 370,000 BUR/EPDM/APP WeatherSure Systems, Inc. Project Reference List — 1999 Page 2 Roof Syfitem Replacement Client Prgpertv Size (sq. ft.) Roof Twe 18` Bank Is'Bank 18,400 EPDM — Versico Colorado Minerals Golden Facility 6,200 BUR -Modified - Garland CRI CRI Financial Center 16,200 EPDM - Versico Eagle Creek Properties Southfield Center 22,550 EPDM — Versico Eagle Creek Properties Parkgate A-B 30,800 EPDM — Versico Eagle Creek Properties Academy Center 24,210 TPO - Genflex First Industrial Interchange # 1 18,200 APP - Performance First Industrial Interchange #24 19,400 APP - Performance First Industrial Interchange #25 9,650 APP - Performance Foothills Recreation District Foothills Gymnasium 11,200 EPDM — Versico Highline Group Main Street Market 21,400 EPDM - Genflex Highline Group Parker Park 22,800 TPO - Versiweld Mac Cali Union Plaza 18,200 EPDM - Versico PMX South Tucson Medical 14,280 EPDM - Versico Prime West 350 Interlocken 11,250 EPDM - Genflex Prime West 295 Interlocken 28,400 TPO - Genflex Safeway Stores, Inc. Store # 2909 41,800 EIP - FiberTite Summit Group Bear Creek Plaza 17,800 EPDM - Versico Summit Group Academy Place 23,850 EPDM - Versico Wolfe Properties E. Wolfe Residence 4,200 EIP - FiberTite WeatherSure Systems, Inc. Project Reference List — 1999 Page 3 WaterprooFng System Projects Client Westwind Property Mgmt. Fredrick Ross Property Mgmt. Carr America Property Americana 100 Filmore Panorama Buildings I & II The Colorado Prop. Mgmt. Group Writer's Square The Colorado Prop. Mgmt. Group Writer's Square LDS Church (Facilities Mgmt) LDS Chapels and Seminaries Etkin Johnson 28 Buildings The Colorado Prop. Mgmt. Group 1521 Lawrence KMDC Inc. InSite Properties Elkin Johnson Lockheed Martin Penn Square HOA First Industrial Prop. Mgmt. City of Colorado Springs Writer's Square HOA Front Range Property Mgmt. 9191 Sheridan Porter Plaza 28 Buildings Lockheed Martin MAL-75 Bldg. Penn Square 815 Parfet Tejon St. Writer's Square Plaza III Size (sq. ft.) 7,000 sq. ft. Type of Work Sealants and Deck Coating Installation (Balconies, Deck, Landings) 15,000 sq. ft. Sealants and Deck Coating Installation (5' level parking deck) 5,500 sq. ft. Sealants and Deck Coating Installation (Upper level parking deck) 13,000 sq. ft. Sealants and Deck Coating Installation (Patios, Deck ,Balconies) 8,000 sq. ft. Elastomeric paint wall coatings 10,000 In. ft. Sealants and Deck Coat Application 28 Building Pkg. Caulk Sealant Replacement (Vertical Expansion Joints) 14 story building Caulk Sealant Replacement (Vertical & Horizontal Expansion Joints) 3,000 sq. ft. Caulk Sealant Replacement (Windows & Vertical Expansion Joints) 4,000 sq. ft. Caulk Sealant Replacement (Parking Decks) 28 Building Pkg. Caulk Sealant Replacement (Vertical Expansion Joints) 7,000 In. ft. Dow Corning 1-2-3 Silicone Sealant All Ground Levels Sealant Replacement, Below Grade & Pool Membrane Installation, Pool Restoration 1,500 sq. ft. Excavation & Below Grade Membrane Installation (foundation) 4,200 sq. ft. Below Grade Horizontal Slab Membrane Installation 6 planters EPDM Membrane Liner Installation 500 sq. ft. Carlisle's 701 Sheet Membrane Waterproofing installation (planters) DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07180 PEDESTRIAN TRAFFIC DECK WATERPROOFING 07900 SEALANTS END OF TABLE FOOTHILLS RESERVOIR ROOF RUNE 29, 2000 2 TABLE OF CONTENTS SYSTEMS I NCORPORATED A Whole New Look, The Same Commitment To Your Needs! Proudly providing competitively -priced weatherproofing services to the Front Range community. We've expanded our management team to insure you of an unequaled commitment to meeting your corporate and property needs. WeatherSure Systems, Ines Management Team: Administration Craig R. Garey - Owner- 30 years of industry experience Victoria Mora — Finance/Office Manager Sue Ziegler — Service Dispatch/Billing Admin. Production Jack Michael — Operations Manager Andy Polston — Waterproofing Division Manager Jim Anderson — Repair Division Manager Sales Mike Shaffner — Sales Manager David Bowen — Project Manager Kurt Dahlin — Project Manager Susan Kyes —Administrative Assistant WeatherSure Systems, Inc. It Takes More Than A Roof. 3333 S. Platte River Drive Englewood, CO 80110 Phone: (303) 781-5454 Fax: (303) 781-5453 www.weathersure.net sales@weathersure.net SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract. ITEM SUBCONTRACTOR Coating Removal — Shotblasting All West Concrete Service 7196 Section 00430 Page 1 SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: 09/ 13/00 TO: WEATHERSURE SYSTEMS, INC. PROJECT: Foothills 4 MG Reservoir Roof Coating OWNER: City of Fort Collins (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated August 28 , 2000 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for the Foothills 4 MG Reservoir Roof Coating. The Price of your Agreement is Seventy-three Thousand Fifty-eight & Eight pOaHarscents f rve (i) copies of each of th RTp osed Contract Documents (except Drawings) accompany this Notice of Award. rre,( sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by September 29 , 2000. 1. You must deliver to the OWNER four (4) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. 7/96 Section 00510 Page 1 City of Fort Collins OWNE By me B. O'Neill II, CPPO Title: rector of Purchasing & Risk Mgmt. 7/96 Section 00510 Page 2 - SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 13th day of September in the year of 2000 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and WeatherSure Systems, Inc, (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the Foothills 4 MG Reservoir Roof Coating and is generally described in Section 01110. ARTICLE 2. ENGINEER The Project has been designed by Bates Engineering, Inc., who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within 45 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 days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. 7/96 Section 00520 Page 1 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: Two hundred dollars ($200.00) for each calendar day or fraction thereof that expires after the forty-five (45) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, one hundred dollars ($100) for each calendar day or fraction thereof that expires after the sixty (60) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ 73 ,058.80 ), $ Seventy-three Thousand Fifty -eight -A c � ,o�Mccordance with Section 00300, thi attached and incorporated herein by s refire ce. 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. Due to the brevity of the contract period, the OWNER will not make progress payments. 5.1.1. Not applicable. 5.1.2. Upon Substantial Completion, payment will be made for 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. 7/96 Section 00520 Page 2 ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 7/96 Section 00520 Page 3 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. _ 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered 1 through 2 inclusive with the following general title: Foothills 4 MG Reservoirs Roof Coating. The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. The Contract Drawings are bound with the Specifications. 7.4. Addenda Numbers NA to NA_, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 7/96 Section 00520 Page 4 I 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. 7/96 Section 00520 Page 5 SECTION 00020 INVITATION TO BID OWNER: CITY OF FORT COLLINS CIn JOHN F. FISCHBACH, CITY MANAGER ^ JAM B. NE'ILL II, CPPO DIREqr0jX OF PURCHASING AND RtSK MANAGEMENT Date: Z(d e,'¢for giving notices: Box 580 Collins, Colorado 80522 Approved as to Form Assistant City Attor e 7/96 CONTRAC OR: WeatherSure..5..Y,.Atems, Inc. yV By: Title: Date: ` 1 18' Zaop (CORPORATE SEAL) Attest Address for givinnot' s_*n �I,�� �E G6 goIIU License No. Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: Foothills 4 MG Reservoir Roof Coating 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 seven (7) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 2000. The dates for Substantial Completion and Final Acceptance shall be , 2000 and , 2000, respectively. City of Fort Collins OWNER 13 Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 2000. 7/96 Section 00530 Page 1 CONTRACTOR By: Title: 7/96 Section 00530 Page 2 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) 00651 Lien Waiver Release (Subcontractor) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. Ss6168 KNOW ALL MEN BY THESE PRESENTS: that (Firm) WeatherSure Systems, Inc. (Address) 3333 S. Platte River Drive, Englewood, Colorado 80110-214C (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Fidelity and Guaranty Insurance Company 385 Washington Street (Address) St. Paul, MN 55102 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins. 300 Laporte Ave, Fort Collins. Colorado 80522 a��Mt ni ' al�(73. �r�oratipro Mere�1a,,��rerr referred to as the "OWNER", in the penal sum ofand 80%100---58 80�' tin t yvful 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 13th day of September, 2000, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Foothills 4 MG Reservoir Roof Coating. 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 four (4) counterparts, each one of which, shall be deemed an original, this 22nd day of September , 2000. I#ia�2ENGEOF: — PrinCip IWeatherSure Systems, Inc. By: r (Title) 0 (Address) 3333 S. Platte River Drive (Corporate Seal) Englewood, Colorado 80110-2140 _ IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety'Fidelity and Guaranty Ins uran C a e -In act er y D, ohns n By: (Address) 385 Washington Street x St. Paul, MN 55102 — r," ; (Sulrety Seal) t 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 Bond No. Ss6168 KNOW ALL MEN BY THESE PRESENTS: that (Firm) WeatherSure Systems, Inc. (Address) 3333 S. Platte River Drive, Englewood, Colorado 80110-2140 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Fidelity and Guaranty Insurance Company 385 Washington Street (Address) St. Paul, MN 55102 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort - - '- `ityTfir-T-Q fd kff hereinafter reerred to as in the- —al s-u-m-ofEieght and' 807 e100 7 a,058 in. K 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 13th day of September, 2000, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Foothills 4 MG Reservoir Roof Coating. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. 7/96 Section 00615 Page 1 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 authored to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 22nd day of September , 2000. IN PTW—,9P-NCE OF: Principal rsure Systems, Inc. By. CtaG P1,A� (Title) �rc�oenr 4. (Address) 3333 S. Platte River Drive 4 (CCGpOrae �I) Englewood, Colorado 80110-2140 IN F ESENCE OF: Other Partners By: 0-32 IN PRESENCE OF: Surety F delity and a ty, Insu nce 0 — By r -In- C ber y Johnson } — i , By: _} (AddresS)385 Washington Street — q r St. Paul, MN 55102 f N(bTE: 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 W 7heStPaul POWER.OF ATWORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Power of Attorney No. 21955 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. � t, Certificate No. 4 � `�� (� �-1 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Douglas C. Baesler, Joan C. Armstrong, Kimberly D. Jobnson and Henry C. Higginbottom, III Denver Colorado of the City of , State , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings re ti red or.SuQiitted in any actions or proceedings allowed by law. M IN WITNESS WHEREOF, the Companies have caused this mstrumeq o ign a�sealed . • } 25th day of July 2000. Seaboard Surety Company- ' sited States Fidelity and Guaranty Company St. Paul Fire and Marine Insutompaty�V `y Fidelity and Guaranty Insurance Company St. Paul Guardian Insura par: t, Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insuranco' SUflEry 1927 W lfO YON�,FT Y V' n F S8EL;i 90 t� 7 � Y977 1961 ® JOHN F. PHINNEY, Vice President �AgAIN� State of Maryland - —' R. WC City of Baltimore MICHAEL R. MCKIBBEN, Assistant Secretary On this 25th day of My , 2000 , before me, the undersigned officer, personally appeared John F. Phinney and Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. /�, - V/^ kA&, In Witness Whereof, I hereunto set my hand and official seal. a p�&'tRY� My Commission expires the 13th day of July, 2002. /�qE � REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 11-99 Printed in U.S.A. ., . . . This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, Michael R. McKibben, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 22nd . day of September 2000 wry. ♦ca ��M,.!MJG a°'r syga y • 9m [do�vanrr'��,f+ i iA"vanrr� n�, rONpp 19'27�• SEAL `8°1 9 SBRL 's w 1AM - 977 To verify the authenticity of this Power of Attorney, call1-800-421- as !{ PN the above -named individuals and the details of the bond to wh' owl the "'' , ; L`. NA-t U R.1 cWl- . Michael R. McKibben, Assistant Secretary clerk. Please refer to the Power of Attorney number, SECTION 00020 INVITATION TO BID August 7, 2000: Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 256 West Mountain Avenue, Fort Collins, Colorado until 3:00 P.M., our clock, on August 28, 2000 for the Foothills 4 MG Reservoir Roof Coating; Bid No. 5525. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. A mandatory prebid conference and job walk with representatives of prospective Bidders will be held at 2:00 p.m. on August 16, 2000 at the Fort Collins Utilities Service Center, 700 Wood Street, Fort Collins, Colorado. Bids will not be accepted from those firms who do not have a representative at the site for this conference and job walk. The Contract Documents provide for concrete spall repair, sealant replacement and application of a pedestrian traffic deck waterproofing on the roof and replacing interior wall sealant at the Foothills 4 MG Reservoir. The CONTRACTOR applying the pedestrian traffic deck waterproofing must demonstrate the following qualifications in completing Section 00420 - Statement of Bidder's Qualifications: 1. Training and approval by the specified product manufacturer. 2. At least five years experience in installing the specified material on concrete substrates. 3. Completion of at least one project over 10,000 square feet involving application of the specified product on horizontal concrete substrates and at least five similar projects over 1,000 square feet. The Contractor shall submit these qualifications with the bid in accordance with Section 00100 - Instructions to Bidders. Additional pages may be attached to this form to thoroughly and clearly demonstrate these qualifications. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 256 West Mountain Avenue, Fort Collins, Colorado 80521. Contract Documents will be available August 7, 2000. 6/97 Section 00020 Page 1 n iSAJ 1 J ACORD_ CERTIFICATE OF INSURANCE DATE(MMIUDIYY) 09/22/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 Broadway, Suite 1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80203 COMPANIES AFFORDING COVERAGE COMPANY ACNA INSURED Weathersure Systems, Inc. COMB NY Pinnacol Assurance 3333 S. Platte River Drive COMPANY C Englewood, CO 80110 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH'RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDIYY) POLICY EXPIRATION DATE (MMIDONY) LIMITS A GENERAL LIABILITY 1098712152 0 5/ 15 / 0 0 0 3/ 2 8/ 0 1 GENERAL AGGREGATE $2 0 0 0 000 X PRODUCTS-COMPIOP AGG s2 0 0 O 000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE �X OCCUR PERSONAL & ADV INJURY $1 0 0 O 000 EACH OCCURRENCE $1 0 0 O 000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Anyone fire) $5 0 0 0 0 I MED EXP (Any one person) $5 0 0 0 A AurOMOBILE LIABILITY 1098713723 0 5/ 15 / 0 0 0 3/ 2 8/ 01 X ANY AUTO COMBINED SINGLE LIMIT $1 , 0 0 0, 0 0 0 ALL OWNED AUTOS BODILY INJURY $ SCHEDULEDAUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) 0 PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY 10 9 8 7121 G 6 0 5/ 15 / 0 0 0 3/ 2 8/ 0 1 EACH OCCURRENCE $1 0 0 0 0 0 0 X UMBRELLA FORM AGGREGATE $1 00 0 0 0 0 OTHER THAN UMBRELLA FORM j $ B WORKERS COMPENSATION AND 3471401 0 7/ 0 1/ 0 0 0 7/ 0 1/ 0 1 X I STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT $5 0 0 0 0 0 DISEASE -POLICY LIMIT $5 0 0 0 0 0 THE PROPRIETOR/ X INCL PARTNERS/1 XECUTNE i—II DISEASE- EACH EMPLOYEE $5 0 0 , 0 0 0 OFFICERS ARE: EXCL i I OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS Re: Foothills 4 MG Reservoir Roof Coating, Bid No. 5525 CERTIFICATE; HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Fort Collins EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Purchasing Division 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 256 West Mountain Avenue BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Fort Collins, CO 80521 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED 1 ACORD 25-S'(3/93)1 of; 1 S 12 70 6 9 M11518 2 EXZ Q ACORD CORPORATION 1993' SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 M SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT OR SPECIFIED PART SHALL INCLUDE: Final Roof Coating Applied PROJECT TITLE: Foothills 4 MG Reservoir Roof Coating LOCATION: _Fort Collins. Colorado 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. By: 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. 7/96 Section 00635 Page 1 CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: 7/96 Section 00635 Page 2 w SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 2000 You are hereby notified that on the _ day of , 2000, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, Foothills 4 MG Reservoir Roof Coating. 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 a Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: PROJECT: (CONTRACTOR) 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. 7/96 Section 00650 Page 1 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ATTEST: Secretary day of. CONTRACTOR By: Title: STATE OF COLORADO )ss. COUNTY OF LARIMER Subscribed and sworn to before me this 2000, by Witness my hand and official seal. My Commission Expires: 7/96 Section 00650 011 day of Notary Public — Page 2 SECTION 00651 LIEN WAIVER RELEASE (Subcontractor) TO: (CONTRACTOR) FROM: (Subcontractor) PROJECT: The Subcontractor acknowledges having received payment, except retainage, from the CONTRACTOR for all work, labor, skill and material furnished, delivered and performed by the Subcontractor for the CONTRACTOR 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 Subcontractor 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 Subcontractor 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 CONTRACTOR or its officers, agents, employees or assigns, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The Subcontractor 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 Subcontractor or its' agents, employees, and servants, or by and through the Subcontractor by various sub -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 against the CONTRACTOR or its officers, agents, employees or assigns arising out of the project. 4. The Subcontractor agrees to defend and hold harmless the CONTRACTOR, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the Subcontractor's sub -subcontractors, materialmen, employees, servants agents or assigns against the project or against the CONTRACTOR or OWNER, lender or Surety or their officers, employees, agents or assigns arising out of the 5/98 Section 00651 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 CONTRACTOR, OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 2000. Subcontractor By: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 2000, by Witness my hand and official seal. My Commission Expires: Notary Public 5/98 Section 00651 Page 2 M SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER') CONTRACTOR: PROJECT: Foothills 4 MG Reservoir Roof Coating CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) 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 , 2000. (Surety Company) M ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00660 Page 1 Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 256 West Mountain Avenue, Fort Collins, Colorado, 80521 upon payment of a refundable fee of Twenty Five Dollars ($25.00) per set. No partial sets will be issued. The Contract Documents and Construction Drawings may be examined at: 1. City of Fort Collins, Purchasing Division, 256 West Mountain Avenue, Fort Collins, _ Colorado. 2. Bates Engineering Inc. 7333 W. Jefferson Ave., Suite 155, Lakewood, Colorado, (hereinafter referred to as the ENGINEER). — 3. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado. 4. CMD Denver Plan Room, 9250 E. Costilla Ave., Suite 400, Englewood, Colorado. 5. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. — 6. The Plan Room, 2176 South Jasmine St. Door "E"/Suite 219, Denver, Colorado. 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. 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. 6/97 Section 00020 Page 2 _ DR one (11195) COLORADO DEPARTMENT OF REVENUE TAXPAYER SERVICE DIVISION 1375 SHERMAN STREET ROOM 242 DENVER CO 80261 (303)534-1208 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) 0 DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project. described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by fhe exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CA USE THE APPLICATION TO BE DENIED. RegistratioiVAccount No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name[OBA: Owner, partner, or corporate name: Mailing address (City, State. Zip): Social Security No. (Owner/partner): Federal Employer's Identification Number: Bid amount for your contract: Home telephone number (sole praprietodtst partner): Business leleplwrte number: Colorado withholding tax account number. mustpa�d EXEMPTION INFORMATION (2j contractorof aiures�ottrpagesacitg amid tg paYrt�ies� Name of exempt organization (as shown on contract): Exempt organization's comber. 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contacts telephone number: Physical location of project site (give actual address when applicable): Scheduled Month Day Year Estimated Month Day Year constriction start date: - completion date: - - I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer. Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime 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 prime contractor issued to subcontractors should be kept at the prime contractors place of business for a ^ minimum of three years and be available for inspection in the event of an audit. L L I1 GENERAL CONDITIONS CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) TABLE OF CONTENTS OF GENERAL CONDITIONS to Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title 1. DEFINITIONS...............................................................1 1.1 Addenda.............................................:.......1 1.2 Agreement..................................................1 1.3 Application for Payment ............................ 1 1.4 Asbestos.....................................................1 1.5 Bid.............................................................. 1 1.6 Bidding Documents ................................... 1 1.7 Bidding Requirements...............................1 1.8 Bonds........................................................1 1.9 Change Order ............................................. 1 1.10 Contract Documents I 1.11 Contract Price ............................................ 1 1.12 Contract Times ........................................... 1 1.13 CONTRACTOR ........................................ 1 1.14 defective.....................................................1 1.15 Drawings....................................................1 1.16 Effective Date of the Agreement ............... 1 1.17 ENGINEER.............................................1 1.18 ENGINEER' Consultant 1 1.19 Field Order ....................... 1.20 General Requirements ............................... 2 1.21 Hazardous Waste ....................................... 2 1.22.a Laws and Regulations; Laws or Regulations .............................................. 2 1.22.b Legal Holidays...........................................2 1.23 Liens ........................................:. 1.24 Milestone ................................................... 2 1.25 Notice of Award ............. 1.26 Notice to Proceed ...................................... 2 1.27 OWNER.....................................................2 1.28 Partial Utilization ....................................... 2 1.29 PCBs..........................................................2 1.30 Petroleum...................................................2 1.31 Project........................................................2 1.32.a Radioactive Material2 1.32.b Regular Working Hours ............................ 2 1.33 Resident Project Representative ................ 2 1.34 Samples.....................................................2 1.35 Shop Drawings ........................................... 2 1.36 Specifications.............................................2 1.37 Subcontractor.............................................2 1.38 Substantial Completion .............................. 2 1.39 Supplementary Conditions ........................ 2 1.40 Supplier......................................................2 1.41 Underground Facilities ...........................2-3 1.42 Unit Price Work ......................................... 3 1.43 Work..........................................................3 1.44 Work Change Directive ............................. 3 1.45 Written Amendment ................ 3 Page Number 2. PRELIMINARY MATTERS ...............:.,,,..._..„..._.„ 3 2.1 Delivery of Bonds..................................3 2.2 Copies of Documents .............................3 2.3 Commencement of Contract Times; Notice to Proceed ...................3 2.4 Starting the Work...................................3 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Schedules; Delivery of Certificates of Insurance ......................................... 3-4 2.8 Preconstruction Conference4 2.9 Initially Acceptable Schedules...............4 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..................................................4 3.1-3.2 Intent.......................................................4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ........................................ 4-5 3.4 Intent of Certain Terms or Adjectives............................................5 3.5 Amending Contract Documents.............5 3.6 Supplementing Contract Documents..........................................5 3.7 Reuse of Documents 5 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS................................................5 4.1 Availability of Lands .......................... 5-6 42 Subsurface and Physical Conditions...........................................6 4.2.1 Reports and Drawings ............................6 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data...................... 4.2.3 Notice of Differing Subsurface or Physical Conditions ........................6 4.2.4 ENGINEERS Review6 4.25 Possible Contract Documents Change................................................6 4.2.6 Possible Price and Times Adjustments .................................... 6-7 4.3 Physical Conditions --Underground Facilities..............................................7 4.3.1 Shown or Indicated7 4.3.2 Not Shown or Indicated .........................7 4.4 Reference Points ........................... . 7 11 E1CDC GENERAL CONDMONS 1910-8 (1990 EDnION) w/ MY OF FORT COLLINS MODIFICATIONS (REV 4/21M) Article or Paragraph Page Article or Paragraph Page, Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures; CON - Hazardous Waste or TRACTORS Review Prior Radioactive Material .........................7-8 to Shop Drawing or Sample - Submittal...........................................16 5. BONDS AND INSURANCE ........................................ 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ........ 16-17 __ Bonds ....................................................... 8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documents................17 Certificates of Insurance ......................... 8 6.28 Related Work Performed Prior _ 5.4 CONTRACTORS Liability to ENGINEERS Review and Insurance ................................................. 9 Approval of Required 5.5 OWNER' Liability Insurance...................9 Submittals .......................................... 17 5.6 Property Insurance................................9-10 6.29 Continuing the Work ............................ 17- 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR' General tional Property Insurance ......................10 Warranty and Guarantee ................... 17 5.8 Notice of Cancellation Provision.............10 6.31-6.33 Indemnification .............................. 17-18 - 5.9 CONTRACTORSs Responsibility 6.34 Survival of Obligations ........................18 for Deductible Amounts........................10 5.10 Other Special Insurance ...........................10 7. OTHER WORK..........................................................18 _ 5.11 Waiver of Rights......................................11 7.1-7.3 Related Work at Site ............................ 18 5.12-5.13 Receipt and Application of 7.4 Coordination.........................................18 Insurance Proceeds ........................... 10-I 1 5.14 Acceptance of Bonds and Insur- 8. OWNERS RESPONSIBILITIES..............................18 - ance; Option to Replace ........................11 8.1 Communications to CON- 5.15 Partial Utilization -Property TRACTOR........................................18 Insurance...............................................11 8.2 Replacement of ENGINEER ...............18 - 8.3 Furnish Data and Pay Promptly 6. CONTRACTORS RESPONSIBILITIES ................... I I When Due ......................................... 18 6.1-6.2 Supervision and Superintendence ............ 11 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment ........ 11-12 and Tests ..................................... 18-19- 6.6 Progress Schedule.- ................................. 12 8.5 Insurance .............................................. 19 6.7 Substitutes and "Or-qual" Items; 8.6 Change Orders......................................19 CONTRACTOR's Expense; 8.7 Inspections, Tests and - Substitute Construction Approvals..........................................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation.................12-13 Terminate CONTRACTOR' _ 6.8-6.11 Concerning Subcontractors, Services.............................................19 Suppliers and Others; 8.9 Limitations on OWNERS Waiver of Rights..............................13-14 Responsibilities ................................. 19 6.12 Patent Fees and Royalties ........................14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits.....................................................14 Hazardous Waste or 6.14 Laws and Regulations..............................14 Radioactive Material ......................... 19 6.15 Taxes...................................................14-15 8.11 Evidence of Financial - 6.16 Use of Premises.......................................15 Arrangements....................................19 6.17 Site Cleanliness........................................15 6.18 Safe Structural Loading ...........................15 9. ENGINEERS STATUS DURING - 6.19 Record Documents..................................15 CONSTRUCTION ...................................................... 19 6.20 Safety and Protection ..........................15-16 9.1 OWNERs Representative .................... 19 ... 6.21 Safety Representative..............................16 9.2 Visits to Site ......................................... 19 6.22 Hazard Communication Programs ..........16 9.3 Project Representative ...................19-21 - 6.23 Emergencies.............................................16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Samples...................16 tations................................................ 1 9.5 Authorized Variations in Work ............ 1 - E1CDC GENERAL CONDMONS 1910-8 (1990 Will"" w/ CrrY OF FORT COLLINS MODIFICAMONS (REV 4r *0 19 Article or Paragraph Number & Title Page Article or Paragraph Number Number & Title 9.6 Rejecting Defective Work,,,,,,,,,,,,,,,,,,,,,,,, 21 9.7-9.9 Shop Drawings, Change Orders and Payments...........................................21 9.10 Determinations for Unit Prices ........... 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter ...................22 9.13 Limitations on ENGINEER's Authority and Responsibilities ......... 22-23 CHANGES IN THE WORK...............................................23 10.1 OWNER's Ordered Change,,,,,,,,,,,,,,,,,,,,, 23 10.2 Claim for Adjustment .............................. 23 10.3 Work Not Required by Contract Documents ............................................. 23 10.4 Change Orders.........................................23 10.5 Notification of Surety .............................. 23 CHANGE OF CONTRACT PRICE ................................... 23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work...........................................23-24 11.4 Cost of the Work.................................24-25 11.5 Exclusions to Cost of the Work ............... 25 11.6 CONTRACTOR's Fee ............................. 25 11.7 Cost Records.......................................25-26 11.8 Cash Allowances ...................................... 26 11.9 Unit Price Work ....................................... 26 CHANGE OF CONTRACT TIMES .................................. 26 12.1 Claim for Adjustment..............................26 12.2 Time of the Essence ................................. 26 12.3 Delays Beyond CONTRACTOR's Control .............................................. 26-27 12.4 Delays Beyond OWNER's and CONTRACTOR's Control .................... 27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK........................................................... 27 13.1 Notice of Defects ..................................... 27 13.2 Access to the Work .................................. 27 13.3 Tests and Inspections; CONTRACTOR's Cooperation.,,,,,,_..., 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory...._.,,,._ 27 13.5 CONTRACTOR's Responsibilities ..................................... 27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval ...................... 27 13.8-13.9 Uncovering Work at ENGI- Page Number NEER's Request .......................... 27-28 13.10 OWNER May Stop the Work..............28 13.11 Correction or Removal of Defective Work.................................28 13.12 Correction Period.................................28 13.13 Acceptance of Defective Work ............28 13.14 OWNER May Correct Defective Work........................................... 28-29 14. PAYMENTS TO CONTRACTOR AND COMPLETION...........................................................29 14.1 Schedule of Values ........... :................... 29 14.2 Application for Progress Payment.............................................29 14.3 CONTRACTOR's Warranty of Title...................................................29 14.4-14.7 Review of Applications for Progress Payments ...................... 29-30 14.8-14.9 Substantial Completion........................30 14.10 Partial Utilization ........................... 30-31 14.11 Final Inspection....................................31 14.12 Final Application for Payment.............31 14.13-14.14 Final Payment and Acceptance ............ 31 14.15 Waiver of Claims...........................31-32 15. SUSPENSION OF WORK AND TERMINATION......................................................... 32 15.1 OWNER May Suspend Work .............32 15.2-15.4 OWNER May Terminate .....................32 15.5 CONTRACTOR May Stop Work or Terminate .--.------------- 32-33 16. DISPUTE RESOLUTION...... 33 17. MISCELLANEOUS...................................................33 17.1 Giving Notice.......................................33 17.2 Computation of Times .........................33 17.3 Notice of Claim....................................33 17.4 Cumulative Remedies ..........................33 17.5 Professional Fees and Court Costs Included...................................33 17.6 Applicable State Laws ................... 33-34 Intentionally left blank..............................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement GC -Al 16.1-16.6 Arbitration....................................GC-Al 16.7 Mediation-------------------------------- -- GC -Al iv E1CDC GENERAL CONDMONS 191" (1990 EDMON) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of — Bonds and Insurance.................................................5.14 defective Work...................................10.4.1, 13.5, 13.13 final payment..................................................9.12,14.15 insurance.................................................................... 5.14 other Work, by CONTRACTOR ................................ 7.3 Substitutes and "Or -Equal" Items ............................ 6.7.1 Work by OWNER.....................................25, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities....................................................... 4.1 site, related Work ........................................................ 7.2 Work...................................................13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions— CONTRACTOR..........................................6.9.1, 9.13.3 ENGINEER ................................................... 6.20, 9.13.3 OWNER.............................................................6.20, 8.9 Addenda —definition of (also see definition of Specifications)............ (1.6,1.10, 6.19), 1.1 Additional Property Insurances ........................................... 5.7 Adjustments -- Contract Price or Contract Times..................................1.5, 3.5. 4.1, 4.3.2, 4.5.2, .................................... 45.3, 9.4, 9.5, 10.2-10.4, .........................................:.......11,12,14.8,15.1 progress schedule........................................................ 6.6 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 ................................ 6.8.2, 6.19, 10.1, 10.4, 11.2 .................................. 12.1,13.12.2,14.7.2 Appeal, OWNER or CONTRACTOR intent to ................................. 9.10, 9.11, 10.4, 16.2,16.5 Application for Payment — definition of.................................................................1.3 ENGINEER's Responsibility ......................................9.9 final payment ........................9.13.4, 9.13.5, 14.12-14.15 in general ................................. 2.8, 2.9, 5.6.4, 9.10,15.5 progress payment...............................................14.1-14.7 review of............................................................14.4-14.7 Arbitration..............................................................16.1-16.6 Asbestos — claims pursuant thereto...................................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .............. 45.2 definitionof..................................................................1.4 Article or Paragraph — Number OWNER responsibility for .................................... 4.5.1, 8.10 - possible price and times change................................4.5.2 Authorized Variations in Work ................ 3.6, 6.25, 6.27, 9.5 Availability of Lands .................................................. 4.1, 8.4 Award, Notice of--defined................................................1.25 --' Before Starting Construction ....................................... 2.5-2.8 Bid —definition of................................1.5 0.1,1.10, 2.3, 3.3, ,,,,,,,,,,,,,,,,,„_.,,,,,,_4.2.6.4, 6.13,11.4.3, 11.9.1) — Bidding Documents —definition Of 1.6 (6.8.2) ............................................................. Bidding Requirements —definition — of...................................................1.7 (1.1, 4.2.6.2) Bonds -- acceptance of..............................................................5.14 additional bonds .......................................... 10.5, 11.4.5.9 — Cost of the Work.....................................................11.5.4 definitionof..................................................................1.8 delivery of............................................................. 2.1, 5.1 — final Application for Payment.......................14.12-14.14 general...............................................1.10, 5.1-5.3, 5.13, ... ................................................ 9.13, 10.5, 14.7.6 _ Performance, Payment and Other .......................... 5.1-5.2 Bonds and Insurance --in general...........................................5 Builder's risk "all-risk" policy form ................................ 5.6.2 Cancellation Provisions, Insurance .............. 5.4.11, 5.8, 5.15 — Cash Allowances..............................................................11.8 Certificate of Substantial Completion .............1.38, 6.30.2.3, ........................................................... 14.8, 14.10 — Certificates of Inspection .......................... 9.13.4, 13.5, 14.12 Certificates of Insurance .................... 2.7, 5.3, 5.4.11, 5.4.13, ..........................5.6.5, 5.8, 5.14, 9.13A, 14.12 Change in Contract Price -- Cash Allowances........................................................11.8 claim for price adjustment ..................4.1. 4.2.6, 4.5, 5.15, 6.8.2, 9.4 — .......................... 9.5, 9.11, 10.2,10.5,11.2, 13.9, ..............................13.13, 13.14, 14.7, 15.1, 15.5 CONTRACfOR's fee.................................................11.6 — Cost of the Work general.........................................................11.4-11.7 Exclusionsto........................................................11.5 Cost Records — ...............................................................11.7 in general ...................1.19, 1.44, 9.11, 10.4.2,10.4.3, 11 Lump Sum Pricing ...................................................11.3.2 Notification of Surety .................................................10.5 — Scopeof 10.3-10.4 . ............................................................ Testing and Inspection, Uncovering the Work..........................................13.9 — Unit Price Work...................................................11.9 v EICDC GENERALCONDMONS 1910-8 (1990 ED[ 1,14 w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2 ID M Article or Paragraph Number Valueof Work...........................................................11.3 Change in Contract Times -- Claim for times adjustment..............4.1, 4.2.6, 4.5, 5.15, ................ 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, ................... 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits..............................................12.2 Delays beyond CONTRACTOR's control..................................................................12.3 Delays beyond OWNER's and CONTRACTOR's control...................................12.4 Notification of surety ................................................ 10.5 Scope of change................................................10.3-10.4 Change Orders -- Acceptance of Defective Work...............................13.13 Amending Contract Documents .................................. 3.5 Cash Allowances.......................................................11.8 Change of Contract Price ...........................................„ 1 I Change of Contract Times ........................................... 12 Changes in the Work....................................................10 CONTRACTOR's fee...............................................11.6 Cost of the Work...............................................11.4-1I.7 Cost Records ............................................................. 11.7 definition of.................................................................1.9 emergencies............................................................... 6.23 ENGINEER's responsibility.............9.8, 10.4, 11.2,12.1 execution of..............................................................10.4 Indemnifiction................................ 6.12, 6.16, 6.31-6.33 Insurance, Bonds and..............................5.10, 5.13, 10.5 OWNER may terminate ......... ...............15.2-15.4 OWNER's Responsibility ...................................8.6, 10.4 Physical Conditions -- Subsurface and . ..................................................... 4.2 Underground Facilities--....................................4.3.2 Record Documents....................................................6.19 Scope of Change...............................................10.3-10.4 Substitutes......................................................6.7.3, 6.8.2 Unit Price Work........................................................11.9 value of Work, covered by........................................11.3 Changes in the Work............................................................10 Notification of surety ................................................10.5 OWNER's and CONTRACTOR's responsibilities.....................................................10.4 Right to an adjustment...............................................10.2 Scope of change................................................10.3-10.4 Claims -- against CONTRACTOR ........................................... 6.16 against ENGINEER .................................................. 6.32 againstOWNER ........................................................ 6.32 Change of Contract Price...................................9.4, 11.2 Change of Contract Times ................................. 9.4, 12.1 CONTRACTOR's................. 4, 7.1, 9.4, 9.5, 9.11, 10.2, ................................. 11.2, 11.9, 12.1, 13.9, 14.8, ....................................................15.1, 15.5, 17.3 CONTRACTOR's Fee .......:....................................... 11.6 Article or Paragraph Number CONTRACTOR's liability...............5.4, 6.12, 6.16, 6.31 Cost of the Work ..,,.,,,_,_„.„_............. .................11.4, 11.5 Decisions on Disputes ...................................... 9.11, 9.12 Dispute Resolution.....................................................16.1 Dispute Resolution Agreement ..........................16.1-16.6 ENGINEER as initial interpretor..............................9.11 Lump Sum Pricing .......................................... .........11.3.2 Noticeof.....................................................................17.3 OWNER's.........................9.4, 9.5, 9.11, 10.2, 11.2, 11.9 ..............................12.1, 13.9, 13.13, 13.14, 17.3 OWNER'sliability........................................................5.5 OWNER may refuse to make payment ......................14.7 Professional Fees and Court Costs Included...............................................................17.5 request for formal decision on....................................9.11 Substitute Items......................................................6.7.1.2 Time Extension...........................................................12.1 Time requirements ............................................ 9.11,12.1 Unit Price Work.......................................................11.9.3 Valueof......................................................................11.3 Waiver of --on Final Payment ....................... 14.14, 14.15 Work Change Directive..............................................10.2 written notice required ............................. 9.11, 11.2, 12.1 Clarifications and Interpretations ................... 3.6.3, 9.4, 9.11 CleanSite.......................................................................6.17 Codes of Technical Society, Organization or Association ..................... ................................... ....3.3.3 Commencement of Contract Times....................................2.3 Communications-- general....................................................... 6.2, 6.9.2, 8.1 Hazard Communication Programs.............................6.22 Completion -- Final Application for Payment.................................14.12 Final Inspection........................................................14.11 Final Payment and Acceptance ...................„ 14.13-14.14 Partial Utilization......................................................14.10 Substantial Completion............................1.38, 14.8-14.9 Waiver of Claims......................................................14.15 Computation of Times ....................................... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers andOthers............................................................ 6.8-6.11 Conferences — initially acceptable schedules.......................................2.9 preconstruction.............................................................2.8 Conflict, Error, Ambiguity, Discrepancy — CONTRACTOR to Report ................................ 2.5, 3.3.2 Construction, before starting by CONTRACTOR.................................................... 2.5-2.7 Construction Machinery, Equipment, etc . ..........................6.4 Continuing the Work ............................. ........... 6.29, 10.4 Contract Documents— Amending.....................................................................3.5 Bonds.........................................................................5.1 Cash Allowances., ...................................................... 11.8 A E)CDC GENERAL COMMONS 1910-8 (1990 EDMON) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Article or Paragraph Number Change of Contract Price ............................................. I I Change of Contract Times...........................................12 Changes in the Work.........................................10.4-10.5 check and verify..........................................................2.5 Clarifications and Interpretations.................................3.2, 3.6, 9.4, 9.11 definition of...............................................................1.10 ENGINEER as initial interpreter of .......................... 9.11 ENGINEER as OWNER's representative .................. 9.1 general 3 Insurance............................................................. :....... 5.3 Intent..................................................................3.1-3.4 minor variations in the Work ...................................... 3.6 OWNER'S responsibility to furnish data ..................... 8.3 OWNER'S responsibility to make prompt payment.................................8.3, 14.4, 14.13 precedence.........................................................3.1, 3.3.3 Record Documents .................................................... 6.19 Reference to Standards and Specifications of Technical Societies ........................................... 3.3 RelatedWork.............................................................. 7.2 Reporting and Resolving Discrepancies ..............2.5, 3.3 Reuseof....................................................................... 3.7 Supplementing............................................................. 3.6 Termination of ENGINEER's Employment ............... 8.2 Unit Price Work........................................................11.9 variations...................................................3.6, 6.23, 6.27 Visits to Site, ENGINEER's........................................ 9.2 Contract Price — adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof ..................................................... :...............11 Decision on Disputes ................................................. 9.11 definition of...............................................................1.11 Contract Times — adjustment of..................................3.5, 4.1, 9.4,10.3,12 Changeof..........................................................12.1-12.4 Commencement of ...................................................... 2.3 definition of...............................................................1.12 CONTRACTOR — Acceptance of Insurance ........................................... 5.14 Communications................................................6.2, 6.9.2 Continue Work.................................................6.29,10.4 coordination and scheduling .................................... 6.9.2 definition of...............................................................1.13 Limited Reliance on Technical Data Authorized.................................................4.2.2 May Stop Work or Terminate...................................15.5 provide site access to others...............................7.2,13.2 Safety and Protection.........................4.3.1.2, 6.16, 6.18, ............................................. 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal................................................6.25 Stop Work requirements..........................................45.2 CONTRACTOR's— Article or Paragraph Number Compensation....................................................11.1-11.2 Continuing Obligation..............................................14.15 Defective Work.......................................9.6, 13.10 13.14 — Duty to correct defective Work................................13.11 Duty to Report -- Changes in the Work caused by — Emergency....................................................6.23 Defects in Work of Others.....................................7.3 Differing conditions ........................................... 4.2.3 — Discrepancy in Documents ............. 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated ................ 4.3.2 Emergencies................................................................6.23 Equipment and Machinery Rental, Cost of the Work....................................................11.4.5.3 Fee —Cost Plus.................................11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee...............................6.30 — Hazard Communication Programs.............................6.22 Indemnification................................6.12, 6.16, 6.31-6.33 Inspection of the Work........................................7.3, 13.4 — Labor, Materials and Equipment ........................... 6.3-6.5 Laws and Regulations, Compliance by ...................6.14.1 Liability Insurance........................................................5.4 Notice of Intent to Appeal ................................ 9.10, 10.4 — obligation to perform and complete theWork..............................................................6.30 Patent Fees and Royalties, paid for by 6.12 — Performance and Other Bonds.....................................5.1 Permits, obtained and paid for by...............................6.13 Progress Schedule .................................. 2.6, 2.8, 2.9, 6.6, _ ................................................. 6.29, 10.4, 15.2.1 Request for formal decision on disputes ................... 9.11 Responsibilities -- Changes in the Work...........................................10.1 — Concerning Subcontractors, Suppliers and Others .............................................. 6.8-6.11 Continuing the Work ................................. 6.29, 10.4 — CONTRACTOR's expense.................................6.7.1 CONTRACTOR's General Warranty and Guarantee...............................................6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal .......................6.25 Coordination of Work........................................6.9.2 Emergencies.........................................................6.23 — ENGINEER's evaluation, Substitutes or "Or -Equal" Items .................................... 6.7.3 For Acts and Omissions — of Others ................................... 6.9.1-6.9.2,9.13 for deductible amounts, insurance .........................5.9 general ................................................. 6, 7.2, 73, 8.9 Hazardous Communication Programs ................ 6.22 — Indemnification ........................................... 6.31-6.33 Labor, Materials and Equipment .................... 6.3-6.5 Laws and Regulations..........................................6.14 — Liability Insurance.................................................5.4 vii EtCDC GENERAL COMMONS 1910-8 (1990 EM74 w/ CrrY OF PORT COLLINS mots CA-noNS (REV 4n 0 Article or Paragraph Number Notice of variation from Contract Documents ................................................... 6.27 Patent Fees and Royalties .................................... 6.12 Permits................................................................. 6.13 Progress Schedule ................................................. 6.6 Record Documents .............................................. 6.19 related Work performed prior to ENGINEER's approval of required submittals...................................................... 6.28 safe structural loading ......................................... 6.18 Safety and Protection ..........................6.20, 7.2, 13.2 Safety Representative..........................................6.21 Scheduling the Work .......................................... 6.9.2 Shop Drawings and Samples ............................... 6.24 Shop Drawings and Samples Review by ENGINEER ............................................. 6.26 Site Cleanliness................................................... 6.17 Submittal Procedures .......................................... 6.25 Substitute Construction Methods and Procedures ............................................ 6.7.2 Substitutes and "Or -Equal" Items ...................... 6.7.1 Superintendence.................................................... 6.2 Supervision............................................................ 6.1 Survival of Obligations ....................................... 6.34 Taxes.........:... ...................................................... 6.15 Tests and Inspections..........................................13.5 ToReport .............................................................. 2.5 Use of Premises ........................... 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ................................................ 6.25 Right to adjustment for changes in the Work ...........10.2 right to claim ................ .4, 7.1, 9.4, 9.5, 9.11,10.2,11.2, .............. 11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ....................... 6.20-6.22, 7.2, 13.2 Safety Representative................................................ 6.21 Shop Drawings and Samples Submittals ..........6.24-6.28 Special Consultants................................................11.4.4 Substitute Construction Methods and Procedures ...... 6.7 Substitutes and "Or -Equal" Items, Expense................................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others...............„6.8-6.11 Supervision and Superintendence ...............6.1, 6.2, 6.21 Taxes, Payment by .................................................... 6.15 . Use of Premises.................................................6.16-6.18 Warranties and guarantees ................................. 6.5, 6.30 Warranty of Title.......................................................14.3 Written Notice Required - CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Conditions..............................4.2.3 Substantial Completion.......................................14.8 CONTRACTORS --other ....................................................... 7 Contractual Liability Insurance......................................5.4.10 Contractual Time Limits ---------------------- ------------------------- 12.2 Article or Paragraph Number Coordination- CONTRACTOR's responsibility .............................. 6.9.2 Copies of Documents........................................................ 2.2 Correction Period...........................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general...........................................10.4.1, 13.10-13.14 Acceptance of Defective Work.................................13.13 Correction or Removal of Defective Work ......................................„ 6.30, 13.11 Correction Period.....................................................13.12 OWNER May Correct Defective Work...................13.14 OWNER May Stop Work ......................... :.............. 13.10 Cost -- of Tests and Inspections.............................................13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional...........................11.4.5.9 Cash Discounts........................................................11.4.2 CONTRACTOR'S Fee................................................11.6 Employee Expenses..............................................11.4.5.1 Exclusionsto...............................................................11.5 General 11.4-11.5 Home office and overhead expenses ..........................11.5 Losses and damages.............................................11.4.5.6 Materials and equipment.........................................11.4.2 Minor expenses.....................................................11.4.5.8 Payroll costs on changes..........................................11.4.1 performed by Subcontractors..................................11.4.3 Records 11.7 Rentals of construction equipment and machinery ................................................11.4.5.3 Royalty payments, permits and license fees.....................................................11.4.5.5 Site office and temporary facilities .......................11.4.5.2 Special Consultants, CONTRACTOR's..................11.4.4 Supplemental...........................................................11.4.5 Taxes related to the Work....................................11.4.5.4 Tests and Inspection...................................................13.4 Trade Discounts....................................................... IIA.2 Utilities, fuel and sanitary facilities ......................11.4.5.7 Work after regular hours.........................................11.4.1 Covering Work........................................................13.6-13.7 Cumulative Remedies..............................................17.4-17.5 Cutting, fitting and patching...............................................7.2 Data, to be furnished by OWNER......................................8.3 Day --definition of..........................................................17.2.2 Decisions on Disputes ............................................ 9.11, 9.12 defective -definition of......................................................1.14 defective Work -- Acceptance of .............................................. 10.4.1, 13.13 Correction or Removal of,,,,,,,,,,,,,,,,,,,,,,,,,,,, 10.4.1, 13.11 Correction Period.....................................................13.12 in general .................................................. 13, 14.7,14.11 E1CDC GENERAL CONDr70NS 1910-8 (1990 EDMON) w/ CrrY OF FORT COUINS MODIRCATIONS (REV 4/2000) 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 O'Neill, 11, CPPO g/Risk Management 6/97 Section 00020 Page 3 Article or Paragraph Number Observation by ENGINEER.......................................9.2 OWNER May Stop Work.......................................13.10 Prompt Notice of Defects .......................................... 13.1 Rejecting...................................................................... 9.6 Uncovering the Work................................................13.8 Definitions..........................................................................I Delays 4.1, 6.29, 12.3-12.4 ............................................. Delivery of Bonds............................................................... 2.1 Delivery of certificates of insurance...................................2.7 Determinations for Unit Prices ......................................... 9.10 Differing Subsurface or Physical Conditions - Noticeof...................................................................4.2.3 ENGINEER's Review .............................................. 4.2.4 Possible Contract Documents Change .....................4.2.5 Possible Price and Times Adjustments ....................4.2.6 Discrepancies -Reporting and Resolving........................................2.5, 3.3.2, 6.14.2 Dispute Resolution-- Agreement.........................................................16.1-16.6 Arbitration.........................................................16.1-16.5 general 16 Mediation.................................................................. 16.6 Dispute Resolution Agreement.................................16.1-16.6 Disputes, Decisions by ENGINEER ........................ 9.11-9.12 Documents - Copiesof..................................................................... 2.2 Record 6.19 Reuseof....................................................................... 3.7 Drawings --definition of.....................................................1.15 Easements........................................................................4.1 Effective date of Agreement -- definition of.....................1.16 Emergencies...................................................................... 6.23 ENGINEER -- as initial interpreter on disputes ....................... 9.11-9.12 definition of...............................................................1.17 Limitations on authority and responsibilities............ 9.13 Replacement of............................................................ 8.2 9.3 Resident Project Representative ................................. ENGINEER's Consultant -- definition of .........................1.18 ENGINEER's- authority and responsibility, limitations on...............9.13 Authorized Variations in the Work ............................. 9.5 Change Orders, responsibility for ............. 9.7,10, 11,12 Clarifications and Interpretations ......................3.6.3, 9.4 Decisions on Disputes ...................................... 9.11-9.12 defective Work, notice of..........................................13.1 Evaluation of Substitute Items ................................. 6.7.3 Liability............................................................6.32, 9.12 Notice Work is Acceptable....................................14.13 Observations....................................................6.30.2, 9.2 OWNER'S Representative ........................................... 9.1 Payments to the CONTRACTOR, Responsibility for............................................9.9, 14 Recommendation of Payment.........................14.4,14.13 Article or Paragraph Number Responsibilities -Limitations on........................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions .................................... 4-2-4- Shop Drawings and Samples, review responsibility 6.26 ....................................................... Status During Construction - authorized variations in the Work .........................9.5 Clarifications and Interpretations ..........................9.4 Decisions on Disputes ................................ 9.11-9.12- Determinations on Unit Price..............................9.10 ENGINEER as Initial Interpreter ...............9.11-9.12 ENGINEER's Responsibilities ..................... 9.1-9.12 Limitations on ENGINEERS Authority and Responsibilities ..................................... 9.13 OWNERS Representative .................................... 9.1 Project Representative.......................I...................9.3 - Rejecting Defective Work .................................... 9.6 Shop Drawings, Change Orders and Payments ........................................... 9.7-9.9- Visits to Site...........................................................9.2 ......................................... Unit Price determinations........................................... 9.10 Visitsto Site..................................................................9.2 Written consent required ...................................... 7.2, 9. l - Equipment, Labor, Materials and .............................. 6.3-6.5 Equipment rental, Cost of the Work...........................11.4.5.3 Equivalent Materials and Equipment ................................ 6.7- error or omissions ................................... :......................... 6.33 Evidence of Financial Arrangements...............................8.11 Explorations of physical conditions ............................... 4.2.1 Fee, CONTRACTOR's--Costs Plus.................................11.6 Field Order -- definition of................................................................1.19 issued by ENGINEER........................................3.6.1, 9.5 - Final Application for Payment.......................................14.12 Final Inspection..............................................................14.11 Final Payment - and Acceptance ............................................ ..14.13-14.14 Prior to, for cash allowances ...................................... 11.8 General Provisions...................................................17.3-17.4 General Requirements - definition of................................................................1.20 principal references to ....................2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ...................................................................17.1- Guarantee of Work -by CONTRACTOR ............ 6.30, 14.12 Hazard Communication Programs...................................6.22 Hazardous Waste - definition of................................................................1.21 general........................................................................ 4.5. . OWNERS responsibility for.......................................8.10 Indemnification......................................6.12, 6.16, 6.31-6.33 - Initially Acceptable Schedules .......................................... 2.9 Inspection - Certificates of ...................................... 9.13.4,135, 14.12 - Final.....................................................................14.11 ix EICDC GENERAL CONDITIONS 1910-8 (1990 EDi P w/ CIrY OF FORT COLLINS MODWAT10NS (REV 4 i)1 M Article or Paragraph Number Special, required by ENGINEER ............................... 9.6 Tests and Approval....................................8.7, 13.3-13.4 Insurance — Acceptance of, by OWNER......................................5.14 Additional, required by changes in the Work....................................................11.4.5.9 Before starting the Work.............................................2.7 Bonds and --in general....................................................5 Cancellation Provisions...............................................5.8 Certificates of ..........................2.7, 5, 5.3, 5.4.11, 5.4.13, ............................. 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations.............................................5.4.13 CONTRACTOR's Liability ........................................ 5.4 CONTRACTOR's objection to coverage ................. 5.14 Contractual Liability..............................................5.4.10 deductible amounts, CONTRACTOR's responsibility......................................................... 5.9 Final Application for Payment................................14.12 Licensed Insurers......................................................... 5.3 Notice requirements, material changes..............5.8, 10.5 Option to Replace......................................................5.14 other special insurances.............................................5.10 OWNER as fiduciary for insureds ....................5.12-5.13 OWNER's Liability.....................................................5.5 OWNER's Responsibility ............................................ 8.5 Partial Utilization, Property Insurance ......................5.15 Property...............................................................5.E-5.10 Receipt and Application of Insurance Proceeds ..................................................... 5.12-5.13 Special Insurance...................................................... 5.10 Waiver of Rights ....................................................... 5.11 Intent of Contract Documents.......................................3.1-3.4 Interpretations and Clarifications..............................3.6.3, 9.4 Investigations of physical conditions..................................4.2 Labor, Materials and Equipment..................................6.3-6.5 Lands — and Easements............................................................. 8.4 Availability of.......................................................4.1, 8.4 Reports and Tests ........................................................ 8.4 Laws and Regulations --Laws or Regulations— Bonds..................................................................5.1-5.2 Changes in the Work.................................................10.4 Contract Documents .................................................... 3.1 CONTRACTOR's Responsibilities .......................... 6.14 Correction Period, defective Work .........................13.12 Cost of the Work, taxes.......................................11.4.5.4 definition of...............................................................1.22 general 6.14 Indemnification.................................................6.31-6.33 Insurance..................................................................... 5.3 Precedence.........................................................3.1, 3.3.3 Referenceto.............................................................13.3.1 Safety and Protection ....................................... 6.20, 13.2 Subcontractors, Suppliers and Others ..................6.8-6.11 Article or Paragraph Number Tests and Inspections...........................................13.5 Useof Premises......................................................... 6.16 Visits to Site..................................................................9.2 Liability Insurance— CONTRACTOR's......................................................... 5.4 OWNER's.....................................................................5.5 Licensed Sureties and Insurers...........................................5.3 Liens -- Application for Progress Payment..............................14.2 CONTRACTOR's Warranty of Title .........................14.3 Final Application for Payment.................................14.12 definition of................................................................1.23 Waiver of Claims ...................................... *............... 14.15 Limitations on ENGINEER's authority and responsibilities............................................................9.13 Limited Reliance by CONTRACTOR Authorized................................................................ 4.2.2 Maintenance and Operating Manuals -- Final Application for Payment.................................14.12 Manuals (of others)— Precedence..............................................................3.3.3.1 Reference to in Contract Documents .........................3.3.1 Materials and equipment -- furnished by CONTRACTOR......................................6.3 not incorporated in Work...........................................14.2 Materials or equipment--equivalent...................................6.7 Mediation (Optional)........................................................16.7 Milestones --definition of..................................................1.24 Miscellaneous — Computation of Times................................................17.2 Cumulative Remedies.................................................17.4 Giving Notice.............................................................17.1 Notice of Claim..........................................................17.3 Professional Fees and Court Costs Included..............17.5 Multi -prime contracts............................................................7 Not Shown or Indicated .................................................. 4.3.2 Notice of — Acceptability of Project............................................14.13 Award, definition of...................................................1.25 Claim.......................................................................17.3 Defects,13.1 Differing Subsurface or Physical Conditions ............ 4.2.3 Giving.......................................................................1711 Tests and Inspections..................................................13.3 Variation, Shop Drawing and Sample ....................... 6.27 Notice to Proceed — definition of................................................................1.26 givingof........................................................................2.3 Notification to Surety.......................................................10.5 Observations, by ENGINEER .................................. 6.30, 9.2 Occupancy of the Work ......................... 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR 6.9, 9.13 Open Peril policy form, Insurance..................................5.6.2 Option to Replace..............................................................5.14 z FJCDC GENERAL CONDMONS 1910-8 (1990 EDMON) w/ CrrY OF FORT COWNS MODOCAMNS (REV 4/2000) Article or Paragraph Number "Or Equal" Items................................................................. 6.7 Other work 7 Overtime Work --prohibition of...........................................6.3 OWNER - Acceptance of defective Work................................13.13 appoint an ENGINEER ............................................... 8.2 as fiduciary ........................................................5.12-5.13 Availability of Lands, responsibility ...........................4.1 definition of...............................................................1.27 data, furnish ................................................................. 8.3 May Correct Defective Work..................................13.14 May refuse to make payment....................................14.7 May Stop the Work.................................................13.10 May Suspend Work, Terminate .................................. 8.8, 13.10,15.1-15.4 Payment, make prompt............................8.3, 14.4, 14.13 performance of other work .......................................... 7.1 permits and licenses, requirements .......................... 6.13 purchased insurance requirements ......................5.6-5.10 OWNER's- Acceptance of the Work......................................6.30.2.5 Change Orders, obligation to execute ................ 8.6, 10.4 Communications.......................................................... 8.1 Coordination of the Work...........................................7.4 Disputes, request for decision...................................9.11 Inspections, tests and approvals ......................... 8.7, 13.4 Liability Insurance....................................................... 5.5 Notice of Defects...........................................I............13.1 Representative --During Construction, ENGINEER's Status .............................................. 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material.: ................... 8.10 Change Orders ....................................................... 8.6 Changes in the Work...........................................10.1 communications..................................................... 8.1 CONTRACfOR's responsibilities ........................ 8.9 evidence of financial arrangements ..................... 8.11 inspections, tests and approvals ............................ 8.7 insurance................................................................ 8.5 lands and easements .............................................. 8.4 prompt payment by ................................................ 8.3 replacement of ENGINEER .................................. 8.2 reports and tests ..................................................... 8.4 stop or suspend Work ........................8.8, 13.10, 15.1 terminate CONTRACTOR's services .................................................. 8.8,15.2 separate representative at site ...................................... 9.3 testing, independent..................................................13.4 use or occupancy of the Work................................5.15, 6.30.2.4, 14.10 written consent or approval required..................................................9.1, 6.3, 11.4 Article or Paragraph Number written notice required ................................ 7.1, 9.4, 9.11, . 11.2, 11.9, 14.7, 15.4 PCBs -- definition of ................................................................1.29 general........................................................................ 4.5 OWNER'S responsibility for ....................................... 8.10- Partial Utilization -- definition of................................................................1.28 general 6.30.2.4, 14.10 - Property Insurance..................................................... 5.15 Patent Fees and Royalties ................................................ 6.12 Payment Bonds............................................................ 5.1-5.2 Payments, Recommendation of....................14.4-14.7,14.13 - Payments to CONTRACTOR and Completion - Application for Progress Payments............................14.2 CONTRACTOR's Warranty of Title .........................14.3 - Final Application for Payment.................................14.12 Final Inspection........................................................14.11 Final Payment and Acceptance.....................14.13-14.14 - general...................................................................8.3, 14 Partial Utilization......................................................14.10 Retainage....................................................................14.2 Review of Applications for Progress Payments......................................14.4-14.7 . .. prompt payment............................................................8.3 Schedule of Values.....................................................14.1 - Substantial Completion ............. ........................ 14.8-14.9 Waiver of Claims......................................................14.15 when payments due ......................................... 14.4, 14.13 withholding payment..................................................14.7 "- Performance Bonds ..................................................... 5.1-5.2 Permits 6.13 Petroleum -- definition of................................................................1.30 general.........................................................................4.5 OWNER's responsibility for.......................................8.10 Physical Conditions - Drawings of, in or relating to ................................. 4.2.1.2 ENGINEER's review ................................................ 4.2.4 - existing structures......................................................4.2.2 general4.2.1.2.................................................................. Notice of Differing Subsurface or ............................ 4.2.3 - Possible Contract Documents Change ..................... 4.2.5 Possible Price and Times Adjustments .................... 4.2.6 Reports and Drawings...............................................4.2.1 - Subsurface and..............................................................4.2 4.2.1.1 Subsurface Conditions ........................................... Technical Data, Limited Reliance by CONTRACTOR Authorized ............................. 4.2.2 - Underground Facilities-- general....................................................................4.3 Not Shown or Indicated ..................................... 4.3.2 -_ Protection of ................................................ 4.3, 6.20 xi EICDC GENERAL. CONDrMNS 1910-8 (1990 EDr^V w/ CrrY OF FORT COLLINS MODWICATIONS (REV 4, 10 ,w Article or Paragraph Number Shown or Indicated..........................................................4.3.1 Technical Data ......................................................... 4.2.2 Preconstruction Conference ................................................ 2.8 Preliminary Matters................................................................ 2 Preliminary Schedules......................................................... 2.6 Premises, Use of........................................................6.16-6.18 Price, Change of Contract .................................................... I I Price, Contract --definition of............................................1.11 Progress Payment, Applications for..................................14.2 Progress Payment--retainage............................................14.2 Progress schedule, CONTRACTOR's.................2.6, 2.8, 2.9, ......................................... 6.6, 6.29, 10A, 15.2.1 Project —definition of. ........................................................ 1.31 Project Representative— ENGINEER's Status During Construction ................. 9.3 Project Representative, Resident --definition of. ............... 1.33 prompt payment by OWNER ............................................. 8.3 Property Insurance-- Additional.................................................................... 5.7 general 5.6-5.10 Partial Utilization........................................5.15, 14.10.2 receipt and application of proceeds ..................5.12-5.13 Protection, Safety and ..................................... 6.20-6.21, 13.2 Punchlist....................................................................14.11 Radioactive Material-- defintionof................................................................1.32 general 4.5 OWNER's responsibility for ...............................„.... 8.10 Recommendation of Payment .......................14.4, 14.5, 14.13 Record Documents.................................................6.19, 14.12 Records, procedures for maintaining..................................2.8 ReferencePoints................................................................. 4.4 Reference to Standards and Specifications of Technical Societies ................................................. 3.3 Regulations, Laws and(or)...............................................6.14 Rejecting Defective Work...................................................9.6 Related Work -- atSite..................................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .........................„ 6.28 Remedies, cumulative .......................... .. ..........17.4,17.5 Removal or Correction of Defective Work ...................„ 13.11 rental agreements, OWNER approval required.....„.„ 11.4.5.3 replacement of ENGINEER, by OWNER ......................... 8.2 Reporting and Resolving Discrepancies-----„.................................2.5, 3.3.2, 6.14.2 Reports -- andDrawings............................................................ 4.2.1 and Tests, OWNER's responsibility ............................ 8.4 Resident and Project Representative — definition of ........................................................ 1.33 provisionfor ................................................... .... 9.3 Article or Paragraph Number Resident Superintendent, CONTRACTOR's......................6.2 Responsibilities— CONTRACTOR's-in general..........................................6 ENGINEER's-in general..................................................9 Limitations on......................................................9.13 OWNER'S -in general.......................................................8 Retainage.......................................................................14.2 Reuse of Documents...........................................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal..................................6.25 Review of Applications for Progress Payments.............................................14.4-14.7 Right to an adjustment......................................................10.2 Rightsof Way.....................................................................4.1 Royalties, Patent Fees and................................................6.12 Safe Structural Loading....................................................6.18 Safety -- and Protection ........................................ 4.3.2, 6.16, 6.18, .......... ..................... .... ...........6.20-6.21, 7.2, 13.2 general.............................................................. 6.20-6.23 Representative, CONTRACTOR''s.............................6.21 Samples — definition of................................................................1.34 general.............................................................. 6.24-6.28 Review by CONTRACTOR......................................6.25 Review by ENGINEER .................................... 6.26, 6.27 relatedWork...............................................................6.28 submittalof..............................................................6.24.2 submittal procedures...................................................6.25 Schedule of progress ..................................... 2.6, 2.8-2.9, 6.6, ........................6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals......................................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values......................................2.6, 2.8-2.9, 14.1 Schedules -- Adherenceto............................................................15.2.1 Adjusting.......................................................................6.6 Change of Contract Times..........................................10.4 Initially Acceptable ................................................ 2.8, 2.9 Preliminary...................................................................2.6 Scope of Changes..............................................10.3-10.4 Subsurface Conditions .._....., „ ,._ , ,,,,... 4.2.1.1 Shop Drawings — and Samples, general ......................................... 6.24-6.28 Change Orders & Applications for Payments, and.................................................9.7-9.9 definition of................................................................1.35 ENGINEER's approval of.........................................3.6.2 ENGINEER's responsibility for review ............................................. 9.7, 6.24-6.28 relatedWork.............................................................. 6.28 review procedures ....................................... 2-8, 6.24-6.28 xii E1CDC GENERAL CONDI ONS 1910-8 (1990 EDMON) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Article or Paragraph Number submittal required.......................................................... 6.24.1 Submittal Procedures.................................................6.25 use to approve substitutions ...................................... 6.7.3 Shown or Indicated.........................................................4.3.1 Site Access ............................................................... 7.2, 13.2 Site Cleanliness.................................................................6.17 Site, Visits to -- by ENGINEER 9.2, 13.2 ................................................... byothers ....................................................................13.2 'special causes of loss' policy form, insurance.............................................................. :.... 5.6.2 definition of...............................................................1.36 Specifications— defination of..............................................................1.36 of Technical Societies, reference to ......................... 3.3.1 precedence................................................................ 3.3.3 Standards and Specifications of Technical Societies ................................................. 3.3 Starting Construction, Before .......................................25-2.8 Starting the Work................................................................ 2.4 Stop or Suspend Work -- by CONTRACTOR..................................................15.5 by OWNER.............................................8.8, 13.10, 15.1 Storage of materials and equipment.............................4.1, 7.2 Structural Loading, Safety ................................................ 6.18 Subcontractor — Concerning ........................................... ............... 6,8-6.11 definition of...............................................................1.37 delays......................................................................12.3 waiver of rights.......................................................... 6.11 Subcontractors --in general..........................................6.8-6.11 Subcontracts --required provisions...............5.11, 6.11, 11.4.3 Submittals — Applications for Payment..........................................14.2 Maintenance and Operation Manuals .....................14.12 Procedures................................................................. 6.25 Progress Schedules...............................................2.6, 2.9 Samples.............................................................6.24-6.28 Schedule of Values.............................................2.6,14.1 Schedule of Shop Drawings and Samples Submissions..............................................2.6, 2.8-2.9 Shop Drawings..................................................6.24-6.28 Substantial Completion — certification of ...................................6.30.2.3, 14.8-14.9 definition of...............................................................1.38 Substitute Construction Methods or Procedures ............. 6.7.2 Substitutes and "Or Equal" Items ....................................... 6.7 CONTRACTOR's Expense .................................. 6.7.1.3 ENGINEER's Evaluation.........................................6.7.3 „Or-Equal"............................................................. 6.7.1.1 Substitute Construction Methods Article or Paragraph Number or Procedures ......................................................6.7.2 Substitute Items ......................................................6.7.1.2 Subsurface and Physical Conditions — Drawings of, in or relating to ................................ 4.2.1.2 ENGINEER's Review .............................................. 4.2.4 general.........................................................................4.2 — Limited Reliance by CONTRACTOR Authorized......................................................... 4.2.2 Notice of Differing Subsurface or _ Physical Conditions .................................................. 4.2.3 Physical Conditions ............................................... 4.2.1.2 Possible Contract Documents Change ..................... 4.2.5 Possible Price and Times Adjustments .................... 4.2.6 — Reports and Drawings .............................................. 4.2.1 Subsurface and..............................................................4.2 Subsurface Conditions at the Site...........................4.2.1.1 — Technical Data.......................................................... 4.2.2 Supervision-- CONTRACTOR's responsibility..................................6.1 _ OWNER shall not supervise........................................8.9 ENGINEER shall not supervise ...................... 9.2, 9.13.2 Superintendence..................................................................6.2 Superintendent, CONTRACTOR's resident ......................6.2 — Supplemental costs........................................................11.4.5 Supplementary Conditions -- definition of................................................................1.39 — 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, ...................... 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9. 10 Supplementing Contract Documents..................................3.6 — Supplier -- definition of................................................................1.40 principal references to .................3.7, 6.5, 6.8-6.11, 6.20, — .................................................. 6.24,9.13,14.12 Waiver of Rights.........................................................6.11 Surety -- consent to final payment ............................... 14.12, 14.14 ENGINEER has no duty to ....................................... 9.13 Notification of..........................................10.1, 10.5,15.2 qualification of ....................................................... 5.1-5.3 — Survival of Obligations.................................................... 6.34 Suspend Work, OWNER May ............................. 13.10, 15.1 Suspension of Work and Termination—..............................15 — CONTRACTOR May Stop Work or Terminate........................................................15-5 OWNER May Suspend Work....................................15.1 _ OWNER May Terminate..................................15.2-15.4 Taxes --Payment by CONTRACTOR.............................6.15 Technical Data -- Limited Reliance by CONTRACTOR ..................... 4.2.2 — Possible Price and Times Adjustments .................... 4.2.6 Reports of Differing Subsurface and Physical Conditions ........................................... 4.2.3 .--. Temporary construction facilities.......................................4.1 E1CDC GENERAL CONDMONS 191"(1990 EDrr--V w/ CrrY OF FDRT COLLINS MODIFICATIONS (REV 46 �O Article or Paragraph Number Termination — by CONTRACTOR...................................................15.5 by OWNER.................................................8.8, 15.1-15.4 of ENGINEER's employment ...................................... 8.2 Suspension of Work-in general ..................................... 15 Terms and Adjectives....................................................... 3.4 Tests and Inspections — Access to the Work, by others..................................13.2 CONTRACTOR's responsibilities............................13.5 cost of 13.4 covering Work prior to......................................13.6-13.7 Laws and Regulations (or) ......... 13.5 Notice of Defects.......................................................13.1 OWNER May Stop Work.......................................13.10 OWNER's independent testing .. 13.4 special, required by ENGINEER. 9.6 timely notice required ....................... .....................13.4 Uncovering the Work, at ENGINEER's request.........................................................13.8-13.9 Times — Adjusting..................................................................... 6.6 Change of Contract......................................................12 Computationof.........................................................17.2 Contract Times --definition of...................................1.12 day 17.2.2 Milestones.................................................................... 12 Requirements-- appeals...........................................................9.10, 16 clarifications, claims and disputes........................9.11, 11.2, 12 Commencement of Contract Times 2.3 Preconstruction Conference .................................. 2.8 schedules.................................................2.6,.2.9, 6.6 Starting the Work .................................................. 2.4 Title, Warranty of..............................................................14.3 Uncovering Work......................................................13.8-13.9 Underground Facilities, Physical Conditions— definition of...............................................................1.41 Not Shown or Indicated...........................................4.3.2 protection of.......................................................4.3, 6.20 Shown or Indicated .................................................. 4.3.1 Unit Price Work— claims...................................................................11.9.3 definition of...............................................................1.42 general 11.9, 14.1, 14.5 Unit Prices — general 11.3.1 Determination for......................................................9.10 Use of Premises.........................................6.16, 6.18, 6.30.2.4 Utility owners .................................... 6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial ..........................1.28, 5.15, 6.30.2.4, 14.10 Value of the Work.............................................................11.3 Values, Schedule of ..................................... 2.6, 2.8-2.9,14.1 Variations in Work —Minor Authorized.................................................6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER.............................................9.2 Waiver of Claims —on Final Payment..............................14.15 Waiver of Rights by insured parties .........................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR........................................................ 6.30 Warranty of Title, CONTRACTOR's..............................14.3 Work -- Access to ....................................... byothers ........................................ Changes in the ............................... Continuing the . ............................. CONTRACTOR May Stop Work or Terminate ........................... Coordination of ............................. Costof the ...................................... 13.2 .................................10 ............................. 6.29 ........15.5 7.4 11.4-11.5 definitionof................................................................1.43 neglected by CONTRACTOR.................................13.14 otherWork.......................................................................7 OWNER May Stop Work........................................13.10 OWNER May Suspend Work ........................ 13.10, 15.1 Related, Work at Site ............................................. 7.1-7.3 Startingthe....................................................................2.4 Stopping by CONTRACTOR....................................15.5 Stopping by OWNER........................................15.1-15.4 Variation and deviation authorized, minor.................„3.6 Work Change Directive -- claims pursuant to...... definition of ............... principal references to Written Amendment -- definition of ..............., principal references to Written Clarifications and ...................10.2 ...................1.44 3.5.3, 10.1-10.2 ..........................................1.45 ..............1.10, 3.5, 5.10,15.12, ..6.6.2, 6.8.2, 6.19, 10.1, 10.4, ...... 11.2, 12.1, 13.12.2, 14.7.2 Interpretations ........................................... 3.63, 9.4, 9.11 Written Notice Required — by CONTRACTOR...................................7.1, 9.10-9.11, ................................................... 10.4, 11.2, 12.1 by OWNER..........................9.10-9.11, 10.4, 11.2, 13.14 xiv EICDC GENERAL CONDITIONS 191" (1990 EDMON) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (This page left blank intentionally) MCDC GENERAL COMMONS 1910-5 (1990 EDn xv w/ CrrY OF FORT COLLINS MODWAMONS (REV M,' GENERAL CONDITIONS ARTICLE 1--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement --The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. 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. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid --The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding 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). 1.7. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid fort. 1.8. Bonds --Performance and Payment bonds and other instruments of security. 1.9. Change Order --A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the . Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the E1CDC GENERAL CONDITIONS 1910-9 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract rmes—The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGWEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement. I.14. defective --An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER --The person, firm or corporation named as such in the AgreemenL 1.18. ENGINEER's Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order --A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements --Sections of Division 1 of the Specifications. 1.21. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.A. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 122 b Legal Holidays —shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award --A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER --The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs --Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other ion -Hazardous Wastes and crude oils. 1.31. Project --The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.1 Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDUIONS 1910-8 (1990 E.diuon) w/ Crry OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1 32 b Regular Working Hours--Reaular workine hours are defined as 7.00am to 6:00pm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings --All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications --Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions --The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier --A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities --All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work --Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed 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 furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2--PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. 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: 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ Crr Y OF FORT COLLINS MODIFICATIONS (REV 4/2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. Ineven!will Gentnwt Times of the AgFeemem, whichevef date is eadieF. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and shall each deliver to the ether OWNER, with copies to idewified in the SapplementaFy Conditions ENGINEER, SECTION 00100 INSTRUCTIONS TO BIDDERS certificates of insurance (and other evidence of insurance Le -quested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4, 5�T/. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, ApplieatienfffPayffie before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as epprepr-iate designated by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - 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 Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR'S schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent. 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 33. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. 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 authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the 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 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/20D0) 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). own risk. No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or 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 responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the 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 Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EJCDC GENERAL COMMONS 1910-9 (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of -- way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects . of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions. If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 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 in the Contract Documents, or 4.2.3.3. differs materially from that shown or FJCDC GENERAL CONDMONS 191" (1990 Edition) w/ CrrY OF FORT COLLINS MOD6ICAMNS (REV 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, prompt! immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change. If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments. An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the "categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.25 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; — 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of — paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 43. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated.- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. 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, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated. • If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, 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 required by paragraph 6.23), identify the owner of such Underground Facility and FJCDC GENERAL CONDITIONS 191" (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5, Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material. 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or 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. • .YYr YYI • ------------------ • .YYr Y • • - ., •_ Y • r ,YYr _ _ .: :_- • , YYr - Y •-r • .YYr y • • IHr • •I. IMr • . YYr y • r op ME -ii .. ��. - - ., t . •_ .YYr . Y • EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/20D0) ARTICLE 5—BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular570 (amended) by the Audit Staff, Bureau of Government Financial - Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 53. Licensed Sureties and Insurers, Cerd'fncates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. mall ......... - • .YYr Yy • CONTRACTOR Is Liability Insurance. 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR' other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTORS employees; e�ersarsen • YY, . r Yf, 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive 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 or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5A.9. include completed operations insurance; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ MY OF FORT COLLINS MODEF7CATIONS (REV 4/2000) 5.4.10. include contractual liability insurance coveting CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance. 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance. • /.IN• �_ . YYf . r • •M-1 MM• the —following —perils! fire, lightning, exiende' ae eva .el. _..then per -:le as fnay be C G 3 inelude expenses inewed in the limited to fees and ehafges of eFrhl 00S)-1 • . IHr '• .YYr YY • • H. I. IHHr _ • LIHr • .YYr . •_ I. inIII—IN YYI • • 1. 1 -0160, 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in idemified in the Supplementary Conditions- T-he risk-ef swh less afkd if any of them wishes r reftyinswame I • .YYr . Y • r • ./. FJCDC GENERAL CONDITIONS 191M (1990 Edition) 10 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/20D0) • I. 1 • .YYr Yy • 1.IH 1. 1• - • . IHr • YY• Y • • -U. 1. IH_ 1. IHH•^ • I. 1- •_ .•YYr . oa VA r - • I. IHr [" I'll 1. 1 • • _ - Receipt and Application of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such 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 and, if _ :_ed . writing by any pw4y in interest,fidueiefye Acceptance of Bonds and Insurance; Option to Replace. 5.14. If eithe_ POFIY (OWNEIDor- GQw, OR) OWNER has any objection to the coverage afforded by or other provisions of the Bonds eF insurance required to be purchased and maintained by the other --pan CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the OWNER will notify CONTRACTOR in writing within ten fifteen days after reeeipt delivery of the certificates fer-etheF evidenee requested; to OWNER as required by paragraph 2.7. llli/ATCD and GOThR D ACTOR shall eneh ..-.. vide to the presided as the ether. may Feasenably- requestif eithe - p" does ne4 pufrahem of maintain all of the Beads and er of eh .,.,,. b the GeatFas Gentmet Aim a e_dingl.. Partial Utilization --Property Insurance. 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EICDC GENERAL CONDITIONS 1910-9 (1990 Edition) w1 CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on. the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday, Sunday, Holidays or outside the Regular Working Hours. 11 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A cpRv of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2 Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items. 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal": If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the 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 incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected E1CDC GENERAL CONDMONS 1910-8 (1990 Edition) 12 w/ MY OF FORT COLLINS MODIFICATIONS (REV 42000) by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONTRACTORS Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR' expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 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 furnish at CONTRACTORS expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGWEER's Consultants for evaluating each such proposed substitute item. 6_& Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EJCDC GENERAL CONDITIONS 1910-9 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) _CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is without subcontracting). The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. if the Supple •enta-•• Gend Bidding rr..............� cv.,vcx,v,ra Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in advanee of !he speeified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,—artd—if OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of eFganizafien so identified may be FeN,eked on the ifl ...hiel, ease CQIQ R A CTOR t. tt b - AR neeeptable substitute the n,._.___l n-__willbe ad�usted by the difleFenee in the eest--�� sueh substitution and an appropriate-QHwt&-QvdeF will be issued OF Written Amendments a will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or organization on the Work unless prior written approval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6_9. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR'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 relationship between OWNER or 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 or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13