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Home My WebLink About451325 HYDRO ELECTRIC LLC - CONTRACT - RFP - 7158 PHOTOVOLTAIC SYSTEM AT NORTHSIDE AZTLAN COMMUNITY CENTERSECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00610 00615 00630 00635 00640 00650 00660 00670 SECTION 00600 BONDS AND CERTIFICATES Performance Bond Payment Bond Certificate of Insurance Certificate of Substantial Completion Certificate of Final Acceptance Lien Waiver Release (CONTRACTOR) Consent of Surety Application for Exemption Certificate c. Request for determination of inapplicability of Section 1605 of the Recovery Act. ' (1) (i)Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this ' section shall include adequate information for Federal Government valuation of the request, including — (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; ' (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this section. (ii)A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii)The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv)Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2)If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). (3)Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. d. Data. To permit evaluation of requests under paragraph (b) of this • section based on unreasonable cost, the Recipient shall include the ISection 00800 Page 16 r] 1 following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Description Unit of Quantity Cost Measure (dollars Item 1: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good ' List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. ' Include other applicable supporting information. *Include all delivery costs to the construction site. 1 8. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009) THIS AWARD TERM IS APPLICABLE TO RECOVERY ACT PROGRAMS OR ACTIVITIES THAT MAY INVOLVE CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). b. For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis -Bacon requirements to a particular federally Section 00800 Page 17 ' assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under ' Reorganization Plan Number 14. 9. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (NOV 2009) rTHIS AWARD TERM IS APPLICABLE TO APRA AWARDS WHEN WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT TERM IS APPLICABLE. THIS AWARD TERM ' IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS, Definitions: For purposes of this clause, Clause 30, Davis Bacon Act and Contract Work Hours and Safety Standards Act, the following definitions are applicable: (1)"Award" means any grant, cooperative agreement or technology ' investment agreement made with Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require compliance with the labor standards clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work performed by all laborers and mechanics employed by Recipients (other than a unit of State or local government whose own employees perform the construction) Subrecipients, Contractors, and subcontractors. (2)"Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients' contractors, subcontractors, and lower -tier subcontractors.-Contractors1 does not mean a unit of State or local government where construction is performed by its own employees.11 (3)"Contract" means a contract executed by a Recipient, Subrecipient, ' prime contractor, or any tier subcontractor.for construction, alteration, or repair. It may also mean (as applicable) (i) financial assistance instruments such as grants, cooperative agreements, technology investment agreements, and loans; and, (ii) Sub awards, contracts and subcontracts issued under financial assistance agreements.-Contract11 does not mean a financial assistance instrument with a unit of State or local government where construction is performed by its own employees. (4)"Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and who is responsible for the business management and non -program aspects of the financial assistance process. (5)"Recipient" means any entity other than an individual that receives an Award of Federal funds in the form of a grant, cooperative agreement, or technology investment agreement directly from the Federal Government and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program and Award. (6)"Subaward" means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower -tier subrecipient. The term includes financial assistance when ' provided by any legal agreement, even if the agreement is called a contract, but does not include the Recipient's procurement of goods and services to carry out the program nor does it include any form ISection 00800 Page 18 of assistance which is excluded from the definition of—AwardII above. (7)"Subrecipient" means a non -Federal entity that expends Federal funds ' received from a Recipient to carry out a Federal program, but does not include an individual that is a beneficiary of such a program. (a) Davis Bacon Act (1) Minimum wages. I(i)All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued.by the Secretary of Labor under the Copeland ' Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual 031510 Not Specified/Other 20 relationship which may be alleged ' to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such ' laborers or mechanics, subject.to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often ' than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on ' the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is. performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage ' determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: Section 00800 Page 19 (1) The work to be performed by the classification requested is not performed by a classification in the wage. determination; ' (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B)If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the 1 Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. ' (C)In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (D)The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this ' section, shall be paid to all workers performing work in the classification under this Contract from the first day on which. work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which ' is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor'may consider as part of the wages of ' any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of ' Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. ISection 00800 Page 20 (2)Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. ' (3)Payrolls and basic records. (i)Payrolls and basic records relating thereto shall be maintained ' by the Contractor during the course of the work and.preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of ' wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in ' section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such ' benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or ' trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the.registration of the apprentices and ' trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which i any Contract work is performed a copy of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as applicable), ISection 00800 Page 21 applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy. The payrolls submitted ' shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each ' employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit them to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy, the Contractor, or ' the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the Recipient or Subrecipient ' (as applicable), applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a —Statement of Compliance,11 signed by the Contractor or subcontractor or ' his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (1)That the payroll for the payroll period contains the ' information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than ' permissible deductions as set forth in Regulations, 29 CFR part 3; ' (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the —Statement of Section 00800 Page 22 Compliance 11 required by paragraph (a) (3) (ii) (B) of this section. (D)The falsification of any of the above certifications may ' subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Department of Energy or the Department of ' Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit ' the required records upon request or to make such records. available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees— (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of ' Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary ' employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State ' Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft ' classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated ' above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a ' Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe Section 00800 Page 23 ' benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe ' benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by ' the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the p trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. ' (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity ' with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30. 1 Section 00800 Page 24 1 (5)Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part 3, which are ' incorporated by reference in this Contract. (6)Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and Subrecipient's contractors and subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) ' through (10) and such other clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the ' subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause. (7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts ' contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this Contract. ' (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be ' resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its subcontractors), and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. ' (10) Certification of eligibility. (i)By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible ' to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). ' (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the ' U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1)Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the ' employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek ' unless such laborer or mechanic receives compensation at a rate not Section 00800 Page 25 SECTION 00610 PERFORMANCE BOND ' Bond No. KNOW ALL MEN BY THESE PRESENTS: that 1000805957 ' (Firm) Hydro Electric, LLC (Address) P. 0. Box 206, Bellvue, CO 80517 (an Individual), (a Partnership), (a Corporation), hereinafter treferred to as the "Principal" and (Firm)American Contractors Indemnity Company (Address) 601 S. Figueroa St., #1600, Los Angeles, CA 90017 ' hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of $205,355.00 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal ' entered into a certain Agreement with the OWNER, dated the 20th day of September, 2010, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7158 ' Photovoltaic System at Northside Aztlan Community Center. 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. 1 Section 00610 Page 1 J ' less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. ' (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such ' Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of ' Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each ' calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in ' paragraph (b)(1) of this section. (3)Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or Subrecipient shall upon its own action ' or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or ' subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be t determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this ' section. (4)Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or subcontractor shall ' insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for compliance by ' any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. The Contractor or subcontractor shall maintain payrolls and basic ' payroll records during the course of the work and shall preserve them for a period of three years from the completion of the Contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and ' address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records ' to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Energy and the Department of Labor, and the Contractor or ' subcontractor will permit such representatives to interview employees during working hours on the job. iSection 00800 Page 26 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT ' 00950 Contract Change Order 00960 Application for Payment 11 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: Section 00950 Page 1 n Section 00960 APPLICATION FOR PAYMENT ' PROJECT: PO# PAY ESTIMATE NO; DATE: ' CONTRACTOR: ADDRESS: CONTRACT FOR: I PARTIAL TO The undersigned Contractor certifies that to ' the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, ' that all accounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received, in this current payment shown ' herein is now due. CONTRACTOR: By. Date: FINAL TO In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: By: Date: ' Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows: ' ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE n APPROVED BY: (Title) CC: Accounting City Clerk Contractor Engineer Project File DA I Section 00960 Page 1 ' WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORItiIATION ' This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often. initiated in the field and may affect the Contract Price or the Contract 'times. This is riot a Change Order, but only a directive to proceed with Work ' that: may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving change in the Contract Price or the Contract ' Times a Field Order should be used. & COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. ' Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to F� �i be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when.the estimated time is reached. If the Work Change Directive is not likely°to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone doers not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of tine for Work actually performed pursuant to this Work Change Directive. Once the Work covered by'this directive is completed or final cost and times are. determined, Contractor should submit documentation for incinsion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AIZ1 ECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDEMD PROMPTLY. Section 00970 Page 1 F, WORK CHANGE DIRECTIVE No: DATE OF ISSUANCE EFFECTIVE DATE OWNER ' CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER's Project No You are directed to proceed promptly with the following change(s): Description: ' Purpose of Work Change Directive: ' Attachments: (List documents supporting change) ' H OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. ' Method of determining change in Contract.Price: Unit Prices ' Lump Sum ' Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: ' If the change involves. an increase, the estimated Substantial Completion: days; amount is not to be exceeded without further Ready for final payment: days. authorization. ' RECOMMENDED: AUTHORIZED: t ENGINEER OWNER By:. By: EJCDC No. 191 MPF (1:996 Edition) hVp k,A 11111 Fngi1. rt Idtnt'Cotnaa 1)ooume111tConimi0ee end endorsed by The Asyoeiated Geoesnl Contractan.orkmerica end the.Consttvction Specifications ' ptWtute. ' Section 00970 Page 2 Advancement of Construction ri�l Technology REQUEST FOR INTERPRETATION Project: R.F.I. Number: From: To Date: A/E Project Number: Re: Contract For: Specification Section: Paragraph: Drawing Reference: Detail: Request: Signed by: Date: Response: ❑ Attachments Response From: To: Date Rec'd: Date RetOd: Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ [I File Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CS] Form 13.2A Section 00970 Page 3 ofCAdvancement of ConsbvcHon Technology CLARIFICATION NOTICE Project: Clarification Notice Number: From: To: Date: A/E Project Number: Re: ContractFor: This Clarification Notice is issued for the purpose of clarifying the Contract Documents based on an interpretation reasonably inferable from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work in accordance with this Clarification Notice indicates acceptance with no change in the Contract Sum or Contract Time. Specification Section: Paragraph: Drawing Reference: Detail: Description: ❑ Attachments Signed by: Date: Copies: ❑ owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA CSl Form 13.3A 22314 Section 00970 Fage 4 1 1 1 1 IVAdvamement of Construction Technology FIELD ORDER Project: Field Order Number: From: To: Date: A/E Project Number: Re: Contract For: You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the A/E immediately and prior to proceeding with this Work, Specification Section: Paragraph: — Drawing Reference: Detail: Description of Interpretation or Change: ❑ Attachments Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ []File Copyright 1994, Conduction Specification Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSI Form I3AA Section 00970 Page 5 ATTACHMENT A ' City of Fort Collins Sustainable Design. Requirements SUSTAINABLE DESIGN ' Definition of Sustainable Design: "Meeting the needs as a society today without compromising the ability of future generations to meet their needs." ' It should not be a surprise to know that 35-50% of the total energy produced in this country is consumed by the built environment. The resources required to create, operate and replenish this level of infrastructure and ' income are enormous and diminishing. U.S. consumers utilize greater resources per capita than any other people worldwide. We consume about 20,000 pounds per person per year of construction -related materials. These include virgin forest products, fuels, steel, glass, cement and plastics. ' 20-30% of the waste being delivered to landfills across the country is building demolition/construction waste. We cannot continue this trend without severely impacting future generations. As part of the scope of this design proposal, the Proposer shall include the services of a qualified and certified professional LEED consultant. The design team will coordinate all LEED activities throughout each phase of the design and construction process. The LEED consultant shall be responsible for coordinating and submitting all documentation to the USGBC for project certification on behalf of the owner. The owner shall pay any direct fees to USGBC for LEED registration and certification review. Integrated, innovative, sustainable building techniques minimize energy usage and damage to the environment while providing benefits for people using ' these facilities. The design team will be expected to use an integrated "whole project" design approach to take into consideration the effect of the design elements, energy and resource constraints, building systems, and the ' effect that the site and building function have on one another. Use of an integrated approach is required to address building orientation, daylighting opportunities, building envelope, and building system choices. Use of a multidisciplinary team approach is encouraged that allows all team members to share specialized expertise and coordinate their individual design efforts to achieve a synergistic, environmentally responsible project. The Architect/Engineer, as the leader of the design team and process, shall be responsible for maintaining the focus on and commitment to the integrated high performance goals of the project. SUSTAINABLE DESIGN RATING SYSTEM ' It is the intent of the City of Fort Collins that every project earns enough credits using the US Green Building Council's (USGBC) LEED' Green Building Rating System to earn a "Gold" level certification. The most ' current version of LEED'' at the time of project design shall be used. It is the City's preference that at least 6 value points come from LEED Category Credit 1 - Optimize Energy Performance in the Energy and Atmosphere category. 1 8 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. ' PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to ' transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) ' counterparts, each one of which ;s;l deemed an original, this30th day of September / 20 IN PRESS E �/ / A17 ` v ' (Corporate Seal) IN PRESENCE OF: 1 Mike Carmien C//►(I (Title) / P. 0. Box 206, Bellvue, CO 80512 (Address) Other Partners By: By: Surety By G% • ��C/�� David A. Wooldridge, Attorney In Fa t By:1100 Haxton Dr., #100, Ft. Collins, 0 80525 (Address) (Surety Seal) NOTE: VATS OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT. If..ICONTRACTOR is Partnership, all {.; partners should execute Bond. Section 00610 Page 2 ' Objectives of special concern relative sustainability to be addressed as ,part of the project are: ' ENERGY EFFICIENCY • Maximize energy performance. ' • • Reduce the use of non-renewable energy sources. Incorporate daylighting as an integral part of the design. • Design, construct and commission a continuous air barrier system. • Use analysis to identify challenges, evaluate solutions, and quantify ' energy and economic benefits. • Energy efficiency target: a 300, or greater, reduction in annual energy costs compared to a "base building" that meets the City of Fort Collins "Energy Code for Commercial, Industrial, and High -Rise Residential ' Buildings. WATER CONSERVATION • Reduce treated water use • Reduce run-off and impact on the storm water system • • Reduce amount of waste water requiring treatment Design with native and low water -impact landscaping • Utilize reflective and pervious surface hardscape design whenever practicable ' • Reduce heat island effect 0 L 1 IATTACM4ENT B SCOPE OF SERVICES ' • The City of Fort Collins has adopted and uses the Capital Projects Procedures Manual 2010 revision. This manual can be viewed at: http://citydocs.fcgov.com/?vid=10&cmd=search&scope=doctype&dt=CORRESPON ' DENCE&dn=Purchasing&q=capital+projects+manual The detailed Scope of Work for this project will relate to this manual. This manual correlates very closely to the phases of work sequence by the American Institute of Architects. It includes site analysis, schematic design, design development, construction documents, bidding, construction administration and project close-out. This manual is available for use as a reference by the RFP Proposer, and ultimately as a guide for the selected firm. • The City of Fort Collins has developed and adopted a Building Design ' Standards Manual. This manual is available for reference on line at: http://www.fcgov.com/opserv/design-standards.php The design standards in this manual must be followed unless a variance is granted ' by the Director of Operations Services. • The City of Fort Collins is exempt from all state taxation including state sales and use taxes. 11 1. DEFINITIONS t The terms "contractor" and "proposer" shall be synonymous in this document (RFP). ' The body of text in this request speaks directly to the proposer/contractor, including requirements for any specification or direction, unless otherwise specifically noted. ' • AHJ - Authorities Having Jurisdiction. • COSEIA - Colorado Solar Energy Industries Association • NABCEP - North American Board of Certified Energy Practitioners ' 2. SCOPE OF WORK It is the intent of the City of Fort Collins to award this RFP based upon ' the most qualified and responsible contractor for the development of a minimum forty (40 kW DC) to fifty kilowatt (50 kW DC) Photovoltaic (PV) or more installation for Northside Aztlan Community Center. The Proposer ' would provide and install the equipment necessary to produce approximately 40 to 50 kW DC of electricity to supplement building energy requirements. The following is an outline of a general scope of work. The proposer should expand each of the tasks listed below. Additional tasks that the contracting firm/team determines necessary to assure a good product should be added in their RFP. ' A. The City of Fort Collins is soliciting the services of a qualified contractor to provide a turn key solution for a Photovoltaic System at Northside Aztlan Community Center located at 112 E. Willow, Fort Collins, Colorado 80522. B. The scope of work will include: a. Provision of all necessary materials and equipment, including ' panels, mounting hardware, wiring, inverters and other balance of system components to develop a forty(40 kW DC) to fifty kilowatt (50kW DC) Photovoltaic (PV) or more ' installation for Northside Aztlan Community Center 480/277 VAC system. b. Total grant money for this project is $2251000. c. Provide home run from the roof to the electrical shut off ' located near the building meter. d. Complete turnkey installation services. e. PV System Monitoring requirements: ' i. Communicate via BACNET over IP to City of Fort Collins Johnson Controls Building Automation System. ii. Remote Readout station of system located in mechanical or electrical room at Northside Aztlan. ' iii. List of points to be monitored and communicated to City of Fort Collins BAS (Building Automation System via bacnet). • PV Volts ' • Grid Current • Grid Volts • Grid Frequency ' • Power Feed to grid • PV Current • Total kWh (Total energy yield) ' • Total operational hours of system (collection mode) • System status (collecting or not collecting) ' • Alarm status • Alarm problem ' • Inverter with the problem • CO2 saved iv. Option - Kiosk in Lobby of building showing system ' operations. C. Ensure that all of the City of Fort Collins - Utilities Energy interconnection contracts and requirements are met. Please use ' the attached links for interconnection requirements: • http://www.fcgov.com/conservation/biz-solar.php ' • http://www.fcgov.com/conservation/pdf/interconnection applicat ion.pdf?1200002906 • http://www.fcgov.com/utilities/pdf/interconnection standards p df?1267467514 D. System must comply with all applicable codes and all City of Fort Collins - Utilities Energy requirements. E. Contractor must be pre -qualified by the Colorado Solar Energy Industries Association for the Governors Energy Office Solar ' Rebate Program. 3. CONTRACTOR SUBMITTALS, LEVEL OF EXPERIENCE, AND OTHER REQUIREMENTS A. Relevant Experience Contractor must demonstrate sufficient knowledge and experience in all of the building systems involved with the project ' including solar installation, metal fabrication, structural systems, roofing systems, mechanical and electrical concepts and major systems equipment controls. The scale of the project must be within the capabilities of contractor. A team of professionals ' with required skills to complete the project must be outlined as proposer's project team in the proposal. ' B. Project Team and Experience Verification • Contractor must be qualified in the installation of Photovoltaic systems and must be a licensed contractor in the City of Fort Collins, or have reciprocity in this jurisdiction. The City prefers a COSEIA or NABCEP approved solar photovoltaic installer and please submit certifications ' with the proposal. Contractor will obtain all necessary permits for the project. • List all members of your project team with any appropriate certifications. 3 ' • List all licensed contractors and/or subcontractors anticipated to be used on the project. All ' contractors/subcontractors must be licensed to do business in this jurisdiction and must obtain all necessary permits for the work from Authorities Having Jurisdiction. • List all equipment manufacturers and model numbers of ' equipment to be used on the project. The following is required, but not necessarily limited to, all major equipment - collectors, mounting hardware, inverter, controls, monitoring equipment. • Local, state laws and ordinances, as they pertain to solar photovoltaic systems shall be strictly followed or a variance must be obtained from AHJ's. ' • Contractor must have completed three (3) similar projects of similar size and scope within the past five (5) years. Describe previous installations of photovoltaic systems. Include the size of the system, number of panels, kW DC of electricity and provide references of other similarly size/scale of projects. A statement describing why the company believes itself to be the best qualified to provide ' the specified services. • OSHA safety standards will be observed during construction. 4. PAYMENT AND PERFORMANCE BONDS/LIQUIDATED DAMAGES • Awarded contractor must submit 100o payment and performance bonds pe'r Section 00600 ' • Liquidated damages are $300.00 for Substantial Completion and $100.00 Final Completion 5. HOURLY RATES AND GUARANTEED MAXIMUM PRICE' ' • Include in your proposal hourly rates for your team members, a price per kilowatt and a Guaranteed Maximum Price which includes all design, structural engineering if needed, and supply of all materials, complete installation, training and ' any permits. 6. FEDERAL REQUIREMENTS Contractor must follow attached federal requirements and include Davis ' Bacon Wages and Buy America certification. • Attachment A ... City of Fort Collins Sustainable Design Requirements ' • Attachment B... Federal Requirements 7. PROJECTS SPECIFICATIONS AND DRAWINGS A. Conduit Specification: a. (1) 1 1-�" Electric Metallic tubing run from the panels on the roof to the inverter's located on the roof. b. No more than 360 degrees of bends between accessible pulls c. An additional (1) 1.5" conduit should be installed if future array expansion is planned. B. Wire Run Assumptions: a. Panels will be ballasted and mounted on the roof of the Gymnasium. 11 ' b. Inverters and associated hardware will be mounted on the roof. c. Design to a 2% voltage drop. C. Array Assumptions: ' a. It is assumed, for Structural Engineering purposes, a 50kW system will have a total of 210 panels - 7 rows @ 30 panels/row. ' b. It is assumed, for Structural Engineering purposes, that the array will be ballasted. The City of Fort Collins will entertain PV System proposals that are a racking type system or a ballasted type system. ' c. Module (Quantity) Wattage will be at least 175 Watt PV Modules ' D. Project Schedule: a. Oral interviews will be held week of August 9, 2010 b. Contractor to begin as soon as possible system must be ' complete by December 28, 2010. 1 1 5 1 J 1 IHYDRO ELECTRIC LLC hydroelectric@frii.com PO Box 206 Bellvue, CO 80512 www.mikeshydroelectric.com 970.217.3724 July 25, 2010 53.82kW SOLAR (PV) PROPOSAL ' 7158 PHOTOVOLTAIC SYSTEM AT NORTHSIDE AZTLAN COMMUNITY CENTER PV DESIGN AND INSTALLATION RFP 7158 SUBMITTAL REQUIREMENTS ' CLIENT: City of Fort Collins Purchasing 215 N. Mason Street ' PO Box 580 Fort Collins, CO 80522 jstephengfc og v.com ' (970) 221-6775 RFP 7158 SUBMITTAL REQUIREMENTS SUMMARY 1. CONTRACTOR RELEVANT EXPERIENCE Hydro Electric, LLC offers consultation, design, installation and service for all photovoltaic (PV) systems, grid -tied or off -grid. Specializing in personal service, we offer all manufacturer brand names offered in the PV industry. As a licensed and bonded CO electrical contractor, Hydro ' Electric also offers design and installation on small residential wind turbine systems, Kohler back-up generators, and full electrical services. NABCEP-certified for PV, COSEIA Certified for PV, City of Fort Collins Licensed PV Contractor with over five and a half years experience installing renewable energy systems, including over 1000 kWs of PV installed and serviced on government, industrial, commercial and residential properties. 1 2. PROJECT TEAM AND EXPERIENCE Project Manager/Foreman; Mike Carmien, Manager, Hydro Electric, LLC Mr. Carmien qualifications for this project include being NABCEP-certified for PV, COSEIA Certified for PV, and a City of Fort Collins Licensed Electrical and PV Contractor. Mr. Carmien holds a MS Degree in Civil Engineering from CSU and over five and a half years experience installing renewable energy systems, including wind turbines. F Project Engineer/Consultant; Rick Coen, Manager/Principle Empower Solar Consulting Mr. Coen will provide engineering support for the technical design of the proposaed solar system on this project. Rick has five years experience in solar consulting, design, and implementation. ' He is NABCEP re -certified for Photovoltaics, CoSEIA certified in Photovoltaics, a Certified Installer of Fat Spaniel Data Solutions, and a member of both the Colorado Renewable Energy Society (CRES) Policy Committee and the Colorado Solar Energy Industries Association (CoSEIA) Policy Committee. Rick is also an active participant at Fort Collins Electric Board and City Council meetings. Rick has a Masters of Science from Colorado State University in Mechanical Engineering and a Bachelors of Science in Environmental Engineering from the University of Michigan. Hydro Electric PV Install Crew; Todd Hansen, Field Team Leader, Brad Anderson, ' Field Team Member, Mason White, Field Team Member. All members of the Hydro Electric PV Field Installation Team have been with Hydro Electric installing PV systems under the direct supervision of NABCEP certified PV Installer (Mike Carmien). This PV field install crew has ' over 250 kW of grid tied PV installation experience over the past 18 months and they hold licenses as a Master Plumber (CO) and a Journeyman Dry Wall Installer (AZ). 1 3. Licensed Contractors to be Used on Aztlan PV Project • Hydro Electric, LLC only. Licensed in Ft. Collins as a Electrical Contractor and PV Installer. 4. PV Equipment and Manufacturers (Please see attached data specification files) • Inverter; PV Powered, Model PVP50kW (Manufactured by Advanced Energy) ' • PV Racking; UniRac's Rapid Rack Ballasted PV Racking Model G10 (10 degree tilt) • Solar Panels; Schott Ploy 230 Polycrystalline Solar Modules • Controls; Square D Disconnects, Outback Combiner Boxes ' • Monitoring; Veris Enercept® Networked Power Transducers (Modbus® RTU) for the FC Building Automation System by Johnson Controls plus Integrated Data Monitoring included within PVP 50 kW Inverter (Model PVM 1010)! 5. Previous Installations of Similar Sized PV systems: A. 31.0 kW Grid Tied PV System, US Department of Interior, US Fish and Wildlife Service, Arapaho National Wildlife Reserve, Walden, CO. 135 Canadian Solar 230 watt solar modules, SMA Inverters. Contact Ann Timberman, USFW, 970-723-8202. ' C. 19.3 kW Grid Tied PV System, Larimer County Landfill, Larimer County, 84 Canadian Solar Panels 230 watt modules, SMA Inverters. Contact Steve Balderson, Larimer County Facilities, 970-566-4533. ' D. 20.3 kW Grid Tied PV System, USFS Ranger Station, San Juan National Forest, Pagosa Springs, CO, Summer 2008. 116 Schuco 175 Watt Modules, SMA Inverters. Contact ' Laurie Yeager, San Juan National Forest Engineer 970-385-1309 1 E. 10.15 kW Grid Tied PV System, USFS Maintenance Facility, Grand Mesa National Forest, Grand Junction, CO, Summer 2008. 58 Shuco 175 Watt Modules, SMA Inverters. Contact Jan Fenner, Grand Mesa National Forest Engineer 970-874-6635 F. " 9.86 kW Grid Tied PV System, Jabaily Estates, Loveland, CO, Spring 2009. 44 Sharp 224 Modules, SMA Inverters. Contact Leslie Jabaily, Owner 970-217-1280 ' G. 40.0 kW Grid Tied PV System, Kong Industries, Golden CO. Summer 2007. 178 Sharp 224 Modules, SMA Inverters. Contact Marc Guy, Project Manager 303-884-3131 H. 15.2 kW Grid Tied PV System, Fort Collins Housing Authority, Stanford Apartments, ' Fall 2009. 68 Sharp 224 solar panels, Enphase Inverters. Contact Alex Blackmer, Executive Director, Atmosphere Conservancy 970-231-1798 ' 6. Statement on "WHY" people/companies choose Hydro Electric, LLC The best reason I can give you why my company is the best qualified for this project is that we care about the engineering details. The cost you see in my bid includes all facets of the PV installation, including permitting and utility inter connection agreement. Therefore, this number will be the final cost; period. Combined with Empower Consulting, we hold over eleven years ' designing, installing and permitting commercial scale PV systems. We care about the details!!!! Here is a recent quote from a Hydro Electric client, Mike Myshatyn 970-454-9000 "Thanks very much for the upgrade. That's very kind of you. We've talked to 3 solar providers (yourself included) and you were the only one we felt we could trust to do right by us —just like you did with the turbines. Trust and respect ARE a big deal to us and it goes both ways. Just 1 seems in short supply these days in business and individuals. We're very happy to be working with you again." ' 7. Hourly Rates and Guaranteed Maximum Price 1 Team Member Hourly Price Mike Carmien $45/hr Rick Coen $60/hr Todd Hansen $15/hr Brad Anderson Mason White $15/hr $15/hr 1 Hydro Electric, LLC Guaranteed Maximum Price for 53.82 kW; $205,355 8. Completion Schedule: (Assume Contract Award by September 1, 2010) (please see attached Gantt Timeline Chart) 1 9. Warranties PV System Warranty PV Panels PV Powered 50kW Inverter UniRac Rapid Rac G10 PV Racking 10 Years by Hydro Electric, LLC 25 year limited warranty on power output. 10 year warranty (with option for 20 years). 10 year warranty. 1 �I�IIIItIIsL,ntIIIIIue illPllllllllld 11111�IPIw%IPl Attom o>� demmtyand writing: Amount atao exceed $ e8, o11 c Tl Power of ottA rney is I II I,p1711 i \ L� iomni��m- ner>lcan k,,, wracta 11J 9841p-Airport Blvd., 9`" Flow al�t�, it oommipm• a��llllllllll� �IIIII�III�� i1111 III I IIpof IIWER_� l l I Dill RESENTS.IIIII�IIIIIIII T ��IUm�luu� u�l, I mtty Companythe StateTofi — I I l David A Woolrtdge ofFIIII F c , ,wit f ll authority to e llxl tort' m the nature thereof, isst 011 aaull,uui�IpI150�00Q OO,u:luiulmm ��I��Ilil'llh��u��lllllll��l''` �IIIII!IIIII'� �IIIIIIIIIIIhI,�il�'i�lilllii�ll' l and is signed and sealed by ft „n the Board of Directors of AMERI mm ash uu rim I IIIIF lllllllllllllllll. NIIIIIIIIIIIIII,4 . I tlill I (December, 1,990. 1111�11,,>ilplu� 1111111p11�111,llllllllllllll�l IIIIIIIIIIIII,I :,�!I l�il RESOLVED( thaGl the Chre Executive f_ I� �1 14 ��IIIluulluummlul� ,imlb'�Ilu� II�Imuullllulll�� u • il�lll, power and'lauthorrty = _ 1 =T =b " ornt Attorne s _ p Imo: IVtlll � il.ull -- G — _ b rn onds_`nd:'uni7erfdka -n g 1lllli" l �v��IIIIIIIII�llll,1 a � 2:; '=Toremove�atanyltrme w�M��` 3 �\ IRIII muEI SiIII Ou.urL,. VE ID IIIII[F IlIRITI HI ER, .th'ar- h iu e�sr n I � II� Irelatrn theretol�lb al� acsrmile,�andan.;, I I I 8 Yf Y I L uu — dlu VI .IIII I I II 1 — j. u I I I I I: t u on the Com an and anysuch owE —p. «. I - III � k III I I Il III t I I i I Luw �'lllll I IIIIIIIIIIIIIh tii. II ollllllllll — — I: l I — 1 I_ rn the uture with res ect town _bond day oflJanuar er P,resrdenl`or=any Vice Prestdentlll'Executrvl`lilllhce rct andllllto authorize them to execute on_behalf of l� I LII IIIIIIII(r �lll II 11111 (III l' IIII I �ti _ I r t n r1 and other wrrtzn s oblz ato rn t ac s o a r demn I r1' 1 I I �- .� v 1 � I II 11 I e� llll�llll �ldlllliiilll IIIIIIIIIIIIIVI�I.11llll —�, � _v� such Attorney ,tn-Fact and revoke the authority gyve < . a�r��z� v :--- s o such o rcers and the seal`o the Com an'mC _f ff 011 �u �llllu�f.�ml�lgll�lmllpu�lo�pllll�yl ,III Power o Attorne or cerh tcate bearrn suchll acsu —f y xectitedand certified by facsrllmlle3ilslrlgna'tlullresll°'alrild`If Mid)Mm to_wech it is attallchlllelld ��Illllllllilllllllllll�lllll �IIIIIIIIIIIIIII u�ll� I I III. 1III��II!l� e affixed to�aany IIlse I st natures or.f a S Illllul�, mile seal shall b demnity Company has caused its -seal to IIII�III = AMERICAN CONTRACTOR r § �B�lyIIIII�I�IliIaIIP�I��l 3�III lil�C �IIIII °allllllullllc �II �I��I��i�lj[ �II�III��II��IAdamSlllllPessr �Iuu OM P Reese; a notary�pubhc personally appeare e on the basis of satsfactory evidence lnstrument�110.1h� h e°°rtif `I10under��PENALTY OF PERJURY'unnder the_laws of thel�Statel°of,�llllllll�l��l�'��I' mul�llllm IIIpIIlluluYllUllllllllll 1111111�1111°I "11111111g111: — �, I�IWITISS' my hanld;�and officaLseall = �I II III �� III �I�I si�ll �>�Illllo�lli�llllllll 111�III��IIUk �II�IIIII�IIIIIIIf�UI �_ � � � IIII�III�III ��QII�V �IIV Signaturer/(�.G�i-- liiimo� ,amllloli(Seal) IIIIIIIIIIIIF Illlllllilll ailllllllllllu` °IIIIIIIIII�FIlllllllllllllil'' �11111111111111114IIIIIIII��II��,mo at story Public Los Angeles -0IIII Illillll4i t IIII IIIIIIM ills III" IIIIiII11111111F. �Illlllllllllllt Illllllc leannieg. , CorporatelllSecretary ofjll�Amertcanlli ��ontractors Indemmty`Company; ddo-hereb �IIIIIIIIP1°ww mn pIIIIIIIV1114� °JIIIIIIIIIIIV@ 'i1I1111UP�dilluu ��—�� solution ado ted b� the Board�ofzDtrectors of said Company�as�set forth�above, are true -and aid Power of,Ai ""yv" _n r theire of ttdn1ave=beenacevoked 2 the ar �tns�� -force � 5... 1 Y 3 U u, ..,� y ie 0 ill `vet I�llllf ra I�� 1 k 1 it yI I I„ III I ih IIIIIIIIIII, .IIIIIIIIIIIIIIII. ,IIIIIIIIIII �. r _lli Illl�l IIII • I I� IIIII'u � �IIIIIIII , I _ I _ I I I I I I� I _ 'WI ITNESS HEREOF I ha e her unto set m hand this ��' des o I. v e y y i v � � a a� P \ 1i1 I�I�IIIII�' �I�IIIIIIII�I` �II�I��IIilVllll� ` e � `�;�;� � � �>l�l�llllll�o��l�l�l LE — BondN o._ ' �mlor Illlllu,i,l�� p l �- I I I _— - _ �A nc - y_ �g-- - — _ -- I I I � I I I �I I � =- _ — II l i i l l FI I I I I I I I I [ I .I _ — I 1 0 900 sh authority of the f a meeting duly c 11��Lnt, Sec e ary or �I I �j� I�. yllilll I III I�,�III ��II II, � II lit �il�l = ul�lllll�l��, r II�II�I II n»> mpany� I �I IIII I 45 � II �l�l�,� III�IIIIIIII� ' II 'IIII�I II i �II� �I I� ,iu��11�,5I1 ��III I ,I��II�1IIl _= tron, does hereby�appomt,\ \mod -takings, recogmzanees and -other contracts) a s and to bind the Company thereby, in an IIIII�II�, i711ll11 �a n �IIIIIIIIIIIIV 111��1io gym.' 91111hiilllllh�l"Ti, all 1expire�Gwi'thout further actiolln on Maroh= IIII IIIIII'` llllllllh��llll� Illllillllll��ll,I,��IhII �IIIIIIIIIII IIIIIIIIIIII��I��II ollowmg Resolution adopted by' ailed and held on,the 61h day of III I IIIIIIIIIIII IIII I Ills , Assistant=Secretes: „shall haven the _ ry_ IIII ' S �2y �i�l Aii _ i "dnd attache the seal. o (the � o'tn an th et — C er a Y ,f P Y — I — �E � iuuuml� uuuu � � �- �� I I I i i V I �I thereo I �I � I �1 a L I I A I I. 1 I — I I I A I � � such Powers "iffi rney_ or certificate v— a u P A .Ire I - I — I csrmrle seal shall be=vabd and brndrn I - - g I — — I uouuul�.,�l I — I _ _ I _ I e valid a d--bin zn -u ' on= he m n d t Co an =p - - - S R Y l — _ IIIIIIIi�II 1 be affixed hereto and executed by its ll`'IIIIIIIIIIIIIII�IIII��I��L��IIIIIII�I`Illmlhill� iIII�IIlllllllIIIIIIIIII�ullllll�l�`I �MMWF S INDEMNITY�COMPAINYI = .��,.. II ulU _ n, Pre�tdent . �� d Adam`S �Pessm� President of Ari erican �� y vjy toh�be the�person(s) Iwhose�narite(s) is/are e in�4 tlll�""IIII 'Ilp1llpl'9dl"""' "IIIIIIIIIII �31111111"�i��IllVlllllllllr l�his/her%Ithetn�lllauthortzeld:cllapacity(>es) of which,theIperson(s))acted; executed the= w14�IIIIIIIIIi'` . '�uIII�II�I�Villl��ulu he foreing_paragraph is true -and correct. IIII` IIII )EByOt� IIII IIII IIII I missies * I?264 IIIIII� I II CdltOmlc �Illll�pgt,IIIIIIIIIlJlllllllhll I iIIIIIIQI��l��l �,�illl�l;,ll��llll� -- — certt (that he��P w �� I o erofAttome and.the Y fy � _ I .� Y �91111V�uu.,�cti_„UUIUUIILIIV«�.��: VIIIIIIIIIIe�y� IpIIVUli1e" correct�transcnpts�thereofeand that neither ��a��wy��yyy� ti rid=effect�� ,III ��Ic �I Ills �20o e -� I I y_ II I� I Il yaw`° In °""�U •Kim, iv, o orate Secretary III �II,G ,IIIIII;IIII,,II�. I I IIII IIII I°I llllr IIIIII�I i Illll�lt ftk Mt ,I I MIS RevIIP0A0111� 1/081I III '�Illlll�ll�llll`" 111 lil SECTION 00615 ' PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that 1000805957 ' (Firm) Hydro Electric, LLC (Address) P. 0. Box 206, Bellvue, CO 80512 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) American Contractors Indemnity Company ' (Address)601 S. Figueroa St., #1600, Los Angeles, CA 90017 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of $205,355.001 in ' lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. ' THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 20`h day of ' September, 2010, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7158 Photovoltaic System at Northside Aztlan Community Center. 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. ISection 00615 Page I ' 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, counterparts, each one day of September ' IN PRESF�iCE OF 1 iJ L (Corporate Seal) IN PRESENCE OF: this instrument is executed in three (3) of which shall be deemed an original, this 30th 1a. Pri cs.p Y: Mike Carmien (Title) P. 0. Box 206, Bellvue, CO 805F2 (Address) Other Partners Surety --�� By: David A. Wooldridge, Attorney In Fac By:1100 Haxton Dr., #100, Ft. Collins, CO 80525 (Address) (Surety:Seal) \,NOTE: DATE. -.OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT. If'C'NTRACTOR is Partnership, all partners should execute Bond. Section 00615 Page 2 �\I& ,.` \a\tea �^ � I - - _ _ � _- 1� — _ � _= II � I.E. I� IiIIII �-- _ I I l it I I ->� I9 I - _ IIII � — _ �- ?l III � I IIIII=-- I ��1IL hI — — II�v I I II _ �� II Ili ll�� III I� IIL - II — -- _ �i�ll h�III � 1i� I Ih II l� I Illlpp I , I' IIII 1, _ _ — — ;, I II l III ail . _ — l V� �. IIV,�I�I��I I IRll I� I ,�_ - � - — — Illllllllhll� �I�lll�l.:,lll�iigll� �Illll�huli ,II�II�i�. �l�lllll� , @rf, 'III � � i I II II Amer can C_ontractors� ]LILUem'nli II IIIII"om I � ��I I�� _ - -�� ! vl I �u� pp�. p �Y = - I� I �� I� �� l � , � � — I I J - I I III - I �� tl�ll..v — liiiil II , �lii ICI ,liiiiii I�I I liil„ — — —�� II � III � I � � �� -- — — _ IIII I� �IIIV�»lo>I IIII IIIII uilillll�Ill�i � � — - — � � I I I � I I I_ v �� .� .-- , �� III I II I�Iilllll. I� >- n =- I��I �E41 Airport Elvd , �� Floor Los Angeles, Cahforma �0045 _.-.�. - - w.. A �..,. - - - I - r,i 3y - 3 - - _ _ 11 � III P'OWEIR F ATT RNEY —.y�. — —.�. �� — —:� --.�.. ,�.—.. �� \.\��\I IIII. atl .. ....�. e —�.. �.,.'\,�.�� ....,. :� �.l �.. I�: I "•I III' — -- �_ — — � � — _ _ �KN:O-W_ALL_MEN_BY.TH'ESE-PRESENTS. �. I - �— — wl � II IIII II� That American Contractors_Indemni, _Com' any _ofahe estate' of California,, a California', co r p oration,= does hereb ,a a omt P rp - Y,a.11L 1 >l IIIIIII 1 II � UIIIIIII,C .m1 ullVllllllllll, r, III - - -� - _ I. _ — _ _ li IIII �_ I II ��1III II � =David A Woolrid a of Fort 'II°olhns �II'olorado I - - _ I III I �I I __g� �aII — —IIIII If ;1�llll I �+ II _ - - I a s I, I - _ - II .I II� I III 4. ` —� — I III III III III � IIIIIIIIII : � � � IIIIIIII��I � r�I��mll I� IIIII �� 11�� — _ _ II �I� III II � IIIII�� II _ II - - _ _ _ - - -- its�iltrue and lawful: Attorneys)=in-inauthority to execute on ttsl'Ibehalfwbonds, undertakings, recognJzances and other contracts of_indemnity_and wr2tings obligatory in the nature thereof, issued in the course'of tts"business and to bind the Com an thereby,in an _ >::.: , i uu�go�nu„t a. ..., _� lipuyIl01I':11,R — n o I� Amount-not=to exceed@$,,II�I�III�IF ,llllllllllll malumlG d115Q,000.00,, l„Ilol,,,�<..' Thts-Po_wer of Attorney shalllex' iile"!"r ullulm ul _ - I ,C - _ �v - _y ptre�wathout fuither ,action on March =" pllllul� - = I � - -_ � I - ON l FZo"1.1= \ IIII I I I _ _ I ICI II — i ,I 11 _a III I III — ,m\ � � .��M��\\III 11LII�I�a�I��III_ � _ �IIIIIIIII� , llllll � IIII IIIII I ^II Ill�i \�\ IIIIIIV1111_ IIIIIII I�.�IIIIq.�III�I�IIIilllllll l�\\ A IIII��I . II�11II�1, IIIII`IIIIIIIILI� This':Powerof Attorne is ranted�andris sioned�andsealed b •facstm�le under and b the authors} "'of the=followm �Resoluhon adopted `.` . \?':r\y�r.. .�. °a::;�L�\.v��m ��a��;a;rY.. .z. �. ,..,�:":� a Fay\y�\�'�`�.�\.. `J �..�" r the Board'of"Dtrectors ofAAMERICAN CONTRACTORSNINDEMNITY CO' R' N at a ieetin -M 'called and held=onsthe 6`h day of � �.. _. — ..:_ .. k..... „ , , , ,., � _g== =Y� , .- �.,-- _- Y . I I �' =0°01lllllllllllllllllli,. tllllllllll� t ,11111u°IIII°° �� : _•?�—� � \ � II II I� . I i — — � = � ` � II li y pII UDecemberll I990,1 - - - - II II I - = -- _ II — II I Illllu �IIIIIIIIIIIII. IIIIIIIIIIIIIIII ,llllll : IIIII L . _ � — IIIII IIIII �� III �i11 ��I,II , IIII. I IIIII � _ I Ili II _ _ - _ — _ _ Il�i1�,1� II I I) �Illlllli . IIIII I - IIII I��IIi II �I �, IRESOL,VEDI that the Chte{ Execuhve ,0{y.�cer; President of an Vice. l Executive Ytcel President, Secreta or AssistanLSecreta _ =shall have,the�,, I W I �II ICI �II �Illw �I I�I,,• J — ��U lw Ups. �� . IIII�IIIII �Illlllllllllllllll �LI llllll' IIIII IIII. . ,� 1 ; � � � � : " iII�IIIII�IIII IUIIpIIIIIIIIV@I 1111QIIIIIIIh, I�IIIIIIIIIIIdV ._ , M � �IVIIIINVI I I power and authority Fact ana'110 authorize them to. execute on=behal=o.1he=Gom an and a'ttach'thelseal"oche! — <+ \ o Mat 1 To appoint Attorney(.) in'"" f f _ p y _ IIII'na ro9vdllE IIIP' "1191111111�fr ;III IIIIIII t;Blpp°911111°JII�IP'!III —_ R 'llllllllllk` ognf �Co'mpany them = fonds -and undertaken sllllcontractsllo indemm . and other wr-itin s=olih ato yin the_nature thereo �'and9I' — — 4'g1 l If f1 tl g� —g _ _ — �F� IIIII 11 I �II�I II :I I �� llllll _ — ,� ,� � IIdIIIIII�1Vli l IIIIIIIIII�� I,i1111111111 Ill llllllll��=alll�llllllli�;ll.11�ll� — 1 To remove; -at; an I time, an such Atdorne m Fact and revoke the authors tvezi Il�lll�lllll� ��I�I Il�� V�� - yl. Ye_ y , _. �:., ol sg RESOLVED FURTHER," that=the si natures_osuch o tcers and,,the seal o ;the Com an 'ma be"'d fixed (o_anysuch_Power.o _Att4rne or. certi tcate �... -" _�S: %-.a, .% P, Y .: Y ff - -Y_ . i I m dll�lu� wl l ,-", d',I ul lu , it al I I ulm I- IIIIIIIIIII II .IR� IJIIIIII ,IIIII (IIIIIII I,��, •�.A*—a � — -- � _ II , �I l M,IIILI, Illllllt,�. IIII III��.!lulltll � _ _ .'dIIIPI'IPllr.: I l lilti„ relahn heretol'b ,II acssmsle and<an such Power---o �Attorne or certs scate lbearm ;Iguchll� acsimuel signature acssmsle seal shall:be_valid=and,bmdm % _S. f S f a 1 :.. z..� �IIk- III ,. � I �7 .� �,..>� : .. , -- .�- ,- - - I� •. la IIIII I. it I IIIIh�IIIIIII�IIIL 711111111111�. n 1111111�IIII 1 ulllllll61 IIIWII��ylll'dl tl Ill .v I li I aY— j I _ II. n h ow r= e ut d- er i se "�°b : a i a r - - - � the Com an and a, suc _ e_so ez .c ed an _c t d cssmile s n to es arid,, acssmsle sealshall_be uand�an_d=bz�m _u_on_the Com an P , , P y . ,� Y-P _ - � f.� ,Yf., g: , _., .% ,,. �-- . - b.� �- IrI�P' �1114 IIIIIVi Il II ��PPm IIIIIII �II IIIII ad Illolllllll I uturewithllres• ect to an bond or -,undertaken to which.!=ss�attachedIIIII �� II �,.. .,.w f _.�h�:. p� � Y � � .� 8 IN=WITNESS WHEREOF', American Contractors ��Iridenini _Com an _has-caused,its seal to be affixed ;hereto and executed b its all6„Illu, 61111111111111P al Iuullllllllompun., I ty Yam. _ '1, I° I@I p Y — _ Predent on=the-2nd��da�� of�Janua . �II20084�I � l4UlI �_ ;� -- - '{ �� Ill lll'� < I li II pill - _ Nag, Y V ry . � ��— I 11� III, ICI __ - ___ I I ll .IIII - �— RICAN=CONTRAC--TORS INDEMNI�I� — �� Iimnlpnhu,. nllilllum,, a�,Ulilpim� env: li, I I Im lu al. sal II� _ M IRP2o6[19�906 STATE of cAi >FOPM8 — _ I Pmblc IIOIiIIIPIIh !lull un IIII .:wu lnll e, alpmll :�a v�.•.••�:.O�- IIII4' I II ill;:. I - - — -- �B :II�IIIIIII� IIIII��IIIIIIh II III „IIIII, II �l _ Ip III I mOU'NTYOFdIIOSIIANGEL-E-S _ "_ �.-��I. III3111..lull lull,,, II _ I II /hj,��`` I'i, �••..11111111F<�' I. � I :. � IIII\�\ \ \ r• �� "% I I I 111 x.. II I II. i I" �... Adam S Pessm P==resident- I —\ �.,., JII I 1I Ilyy y� y— y v�� l l . II III �I��II Illllll�IIIL IIli �IIIV�I y y, vQ IIII IL llllll (IIIII INII y - I . hII II, IIRti'w � a�.. � .. w s _I�, y�u��a�..,,. �� oAv�� .. h s� ...�On th>s 2nd da ofaJanu �2008;"before me, Deborah Reese :a:notar ". ubhc, ersonall a eared Adam S:-Pessm�Prestdent�of American vv „ Y� yay.yA v . p Y\ pp .., _ — n>„ .. Contractors, Indernm-ComT"an ,who roved to me on �the_basisof-sahsfacto = _evidence to' be the,; erson s .whose�naine s is/are — ��\�°...+IIII Y J �: II ill �p�,..0 .�•.pw ��6ir he .o,..�? I',il" luu xllUul .. �1116m1 .illlJwdlu l llI� III,, IIIIIIIIIIIIII. a (IIIIIII V1 ,, llllll h.a,I4 IIsubscr_-ibMotthe=withmstrurent'and��acknowled ed46o ethat_he/she/the executed the -same mIh�s/her/their�authornzedlca acrt ies :I t NqW (IIIII LIIIIF ulllllllllllll' gdIIIIIIIIUs -� _ —�111ppyIYthat by, his/her/their ignature(s).on,thellmstrumept"ahe person(s)or_theentityupon_behalfof which tersons91aetedlexecutedthe=I �IIIIIIIUICllllillllllIudII�II�IV:�IpiJi4ltiVllllllllldWlinslnst ur�inern� J�p IIOIpIIIIIIIIlU1�. IIIIIIIIIMIIt ,1111111 �'��' {I unnq, allll,lll� pllm„� , �i�Ili10@IVk.,ll�. � =—': _ 11111111IIIP. Icert�f 1underlPENALTY�OF PERJLTR under. the -laws of the IStatel of„�I�I1111111�I1U �,,,,attf�mtal��lll hat the=fore oin - ara ra`-h �ts-true=and correct. I ICI I� III ,mIII��IV ,IVlllillllilY,llllllll IIII s .a Ildl ;: - = = i P� r - g g P g WITNESSIIIIIIm7,lll handllland official cal _ l IIII ? llllllllllllll`- - _ _ME- f11 III .l I !III �,• Y 41P�I ,; �I IIII�� I I Ill, I� u:. DEBORAM= EESE I IIIhIIIIIIII IVll�lhoiiillllllllliu ?IIIIIIVI,IIII' �I�Illllll��lliu a — IIII�I�IIIIII �IIII�%loll�ll�ll IIII I. � = 8—t — IIII �IIIIII ��Ii e t Commisslon4 t72 A �� "tory public opo tornia� A `L y: SignalUre(%�wuVuw�,�.r�e,00�11r� 11�11 (Seal) A AitiQefesllCountylo�� —��fik, —r � �. _—. ,:�� a. : � , .I • t,,I � p ��y� ;:��.. � _�—. �IqNku{8:12011 "y ��''>--"-- �... �—.-.� . _�� —�.vr�,�- �, r IIIIIII II,�IIIIII I �Il��k I - —� � — ._ . �— �a �.�yIIIII ��IIIII��IIIIIIIII��.�I II �IIIIIIIIIh�IIIILII. IIII�.�� y� — �.�� _ = II �I' I 1 I = - _ = - III (IIII 111 le , I; Jeanine J..Kim, Co orate Secreta ofllAmerican,Contractors;= Minna _Gom an do_hereb certi that thelPower ofilAttorne and hem �� = a`u �` >� L,.. �In 111 lu:.. 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I�I�II�iiiiilu2 I I IN WITNESS HEREOF, I hh ghereunto setmy hand this ol',II day,ofl. k ul€ 00 I I�i I i Ilm .= ' ol� l u� �,� „«�.; I �il�l ��IIII a UI 41 IIII UPI k I llVl. — — —�I II uoll uI I Ilu lit 11�IUIII� � — � II ,III �Iu��Il��111 �II�I��,�u��lllu � _ BOIIdNO- - s �I, .aauoilry Iir _ = �; 11' n Iuiet — _ _ - _�u. ,IIuIIIIVuu q It.:-- Jeann ' J Kiln,Co orate Secreta - 1 I I s •I rY - - I I I - - - - uI I h..� — — i I l -- — -y �I I � � � —:� I II II I I l ��$ II h� — �� i l . I, —� Iv � - - I I I y y _ L.. I I� I. y I �e. _ L I - �..•.A 11�III�lillll _. I�� . I= g�z..,�.� a� I ., ,� � ... � r _ . -- �. �. I I I I I �1 �.�. � � � �... II II .� ,� yII a� � � �I�Illlll� ��I�il � y ��A� - �. ,., ..... :.�A.,,: � �, .... ��.A. w�.. �:... ,Y\ .,V\\V `�..�� ,. >, ,.. ��:" .A`\ A\VA\..� •v. A:..A�..:., �,. v� \Z A,�,�V'�., ea.�..�yvv�a\ cAV�a��.. \��.: I I l r IIII RevdP0A0DOMW 1 '. - I � II II I=�,� �� - - �-.� �� I• �:11 III 1 - - - � I, lid I � l II �_--� � I Illll�� IIIIIII __ IIIII — �III� �- - �I II I I I lil� -� - I III �— I � I � � � IVlllillll Iliulu�lllll l,�lll: � Illdllll , �� — � � Il��lll Illml��l��ll� �I llll .��I�IJI � SECTION 00630 CERTIFICATE OF INSURANCE ' CONTRACTOR shall insert his own standard form for Certificate of Insurance. n 0 1 1 Section 00630 Page 1 L 1 CERTIFICATE OF LIABILITY INSURANCE OP ID JA , BYDR-11 DATE(MWDQMYYY) 09/24/10 FRDDDCZR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Front Range Insurance Group 1100 Haxton Drive Suite 100 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80525 Phones 970-223-1804 INSURERS AFFORDING COVERAGE NAIC A INSURED INSURER A., Colorado Casualty Co. 0: HydINSURER takeOCaxTnenriC LLC P O Box 206 Bellvue CO 80512-0206 INSURER C: INSURER0: INSURER E: COV THH E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Imm LTA FWD, INSR1 TYPE OF INSURANCE POLICY NUMBER PO DATE MMID POLICY EXPIRATIOW DATE MIWO LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,0001000 A X H COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx7 OCCUR CBP3030413 04/05/10 04/05/11 _ PREMISES Eaoonrrence $300,000 MED EXP (Any one Person) $10 , 0 0 0 BADVINJURY $ 1,000,000 —PERSONAL GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECT M LOC PRODUCTS • COMPIOP AGG s2,000,000 AUTOMOBILE X LIABILITY ANY AUTO BA3060410 04/05/10 04/15/11 COMBINED SINGLE LIMIT (Ea accident) s 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per Person) S HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) S X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY • EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY. AGG $ EXCESS I UMBRELLA LIABILITY OCCUR f I CLAIMS MADE EACH OCCURRENCE $ AGGREGATE S S DEDUCTIBLE S RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYYIN ANY PROPRIETORIPARTNERrEXECUTry OFFICER/MEMBER EXCLUDED? (Me s. alon,deso In under n yyeess describe under SPECIAL PROVISIONS below I TORV LIMITS ER E.L.EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE - S E.L. DISEASE • POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS City of Fort Collins is listed as Additional Insured with regards to General Liability. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY-02 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL City, of Fort Collins IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 215 N. Mason, 2nd Floor REPRESENTATIVES' Fort Collins CO 80522 AUTHOROM REPRESENTATIVE ACORD 26 (2009/01) t 9 AGORDUMPORATION. Ng s reserved. me ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemeni(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1 SECTION 00510 NOTICE OF AWARD 1 Date: September 20, 2010 TO: Hydro Electric LLC 1 PROJECT: 7158 Photovoltaic System at Northside Aztlan Community Center 1 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") 1 You are hereby notified that your Bid dated July 25, 2010 for the above project has been considered. You are the apparent successful Bidder 1 and have been awarded an Agreement for 7158 Photovoltaic System at Northside Aztlan Community Center. 1 The Price of your Agreement is Two Hundred Five Thousand Three Hundred Fifty Five Dollars, ($205,355.00). Three (3) copies of each of the proposed Contract Documents (except 1 Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. 1 You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by September 30, 1 201_0. 1. You must deliver to the OWNER three (3) fully executed 1 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 1 Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. 1 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. 1 Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. 1 City of Fort Collins OWNER 1 By:C� James O'Neill, II, CPPO, FNIGP 1 Direct of Purchasing & Risk Management I WAIVER FOR WORKMEN'S COMPENSATION INSURANCE COVERAGE WHILE ENGAGED IN PHOTOVOLTAIC SYSTEM AT NORTHSIDE AZTLAN COMMUNITY CENTER SERVICES 1 FOR THE CITY OF FORT COLLINS, COLORADO The Contractor shall indemnify and hold harmless the City of Fort Collins, Colorado and its agents, officers and employees from and against all claims, damages, losses and expenses, including 1 attorneys' fees, arising out of or resulting from the performance of the work. 1 It is expressly understood Workmen's Compensation Insurance is not required due to your crew is comprised of yourself and other non - employee owners or for the following reasons: 1 �o� 1 while performing your duties as described in the Contract Documents. ' Dated this l day of U 2010. I A'l 1 FIRM TYPED OR PRINTED NAME OF CONTRACTOR OR By: Authorized Signature 1� of o�NRY o ary Public •.. �h 1 BR M. My commission expires N`• NAM 1 of cot©°� SECTION 00635 ' CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS ' (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7158 Photovoltaic System at Northside Aztlan Community Center PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado ' INCLUDE: OWNER: City of Fort Collins ' CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. 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. AUTHORIZED REPRESENTATIVE _ By: 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 I The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. ' CITY OF FORT COLLINS, COLORADO By: AUTHORIZED REPRESENTATIVE DATE REMARKS: Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7158 Photovoltaic System at Northside Aztlan Community Center. 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 , 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: r 20 . Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 1 1 1 1 Section 00640 Page I 1 ' SECTION 00650 LIEN WAIVER RELEASE ' (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: 7158 Photovoltaic System at Northside Aztlan Community Center ' 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material ' furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. ' 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may ' afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the ' buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants e and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or ' rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. ' 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, Sectiom00650 Page 1 i 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 CONTRACTOR By: Title. ATTEST: Secretary day of STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Notary Public day of 20_ Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 7158 Photovoltaic System at Northside Aztlan Community Center CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Section 00660 Page 1 SECTION 00670 I I 1 I Section 00670 Page 1 91 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 ccer•G CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) DO NOT WRITE IN THIS The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. . A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 89 - 0170-750 (999) $0.00 PAMi� �CO&`N�t�T`R{ ACa AOR�INFOyyRMA�T�I✓ON�� '� �'�,� �� .� 5 �� r��•�. " �t��' a�.34,er�.: r-f 25�' �M�k��'.�4�,� ;:':1'wt��+3'�.h"G.s�4`�2,t�.ly "i.�l+�9C'1Hr'?'$' _'r•. .vfSS .�� T"'�� ypt��& l.. ��k�..rvY '3 3.a s �7F t��xrS�.,� R!u�•, .. �.�• Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number: Business telephone number: Colorado withholding tax account number: ' EXEMPTION INFORI U-114 DNA ` Co ies` of corit�act orla reement parties andf(2)-containingssignatures a ' es 1z iddii "in 'the Kt actin z of contracting"Parties must -be ..��xrr:�,,�.�..��>��,,z�_..i�; ,.y'.'.b` �,attachecJ��.�-��x�• .a �'��': Name of exempt organization (as shown on contract): Exempt organization's number. 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: a �•��"��'i"ifi y�� .8 '�xB'r�s 'F {. "+ -. � rn�'w-�-va?;r,+..i V' '4r 4 l. i j� y,,"3 �� .p '� ,'�3 '�- +,�?�. �}� tL`f 5% `2*rc'�'tr �y � Y �Y y " zg" y - � ,�'�`�'y�S•fh t� ��y Feg �, ,+ m r -aE �+ w+f �W ;t � t"'a,'++�-hT ft�,F�65i ".*,x x��.a.'N.�F1k`.1z r.�i Cc��i �� 3'h�1,'{.t7fifi,�.: �a�.'�,. '�"�.,�''L-r '`�C-ry «•;,s`x+y�� -Ya,.�i �#' � �r ++�di h �h�-a� 3` l 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 Section 00670 Page 2 ' Special Notice 1 Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. ' Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each ' subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. ' The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. ' Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For ' instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this ' may delay processing of your application. n 1 Section 00670 Page 3 ISECTION 00700 I GENERAL CONDITIONS r 1 SECTION 00520 ' AGREEMENT ' THIS AGREEMENT 2010 and shall is dated as of the 20th day of be effective on the date this September in the year of AGREEMENT is signed by the City. ' The City of Fort Collins (hereinafter called OWNER) and Hydro Electric LLC (hereinafter called CONTRACTOR) ' OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ' ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7158 Photovoltaic System at Northside Aztlan Community Center. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Operation Services, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within 75 calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 85 calendar days after the date when the Contract Times acommence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that O time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for Section 00520 Page 1 a GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) I Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS......................................................1 1.1 Addenda.............................................I 1.2 Agreement ............. 1 1.3 Application for Payment ,,,,,,,,,,,,,,,,„.....1 1.4 Asbestos.............................................1 , 1.5 Bid.....................................................1 1.6 Bidding Documents .............................. 1.7 Bidding Requirements ......................... 1 1.8 Bonds.................................................1 1.9 Change Order_.,,, „...1 1.10 Contract Documents...,.,. .................. 1. 1.11 Contract Price......................................1 1.12 Contract Times..,, 1 1.13 CONTRACTOR 1 1.14 defective,,,_.,..._ ... ................................. 1 . 1.15 Drawings ...................... .................... ..I 1.16 Effective Date of the Agreement_........, 1 1.17 ENGINEER........................................1 1.18 ENGINEER's Consultant 1 1.19 Field Order.........................................1 1.20 General Requirements .......................... 1.21 Hazardous Waste ................................. 2 1.22.a Laws and Regulations; Laws or Regulations ....................................... 1.22.b Legal Holidays ..................................... 1.23 Liens........'..............:...........................2 1.24 Milestone............................................2 1.25 Notice of Award ........................ ...... .2 1.26 Notice to Proceed ....................... 1.27 OWNER.............................................2 1.28 Partial Utilization .............................. .2 1.29 PCBs .................. 1.30 Petroleum ...........................................? 1.31 Project................................................2 1.32.a Radioactive Material 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,,.,,... 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 Schedlles; Delivery of Certificates of Insurance ................................ 3-4 2.8 Preconstruction Conference..............4 2.9 Initially Acceptable Schedules ........... 4 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 Docunents......... 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...................... 4.2 Subsurface and Physical Conditions .................................... 6 4.2.1 Reports and Drawings.....................6 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data.............................................6 4.2.3 Notice of Differing Subsurface or Physical Conditions .................. 6 4.2.4 ENGINEER's Review ........................ 6 4.2.5 Possible Contract Documents Change.........................................6 4.2.6 Possible Price and Times Adjustments .............................. 6-7 4.3 Physical Conditions --Underground Facilities . .. ...............: 4.3.1 Shown or Indicated ..........................7 4.3.2 Not Shown or Indicated .................... 4.4 Reference Points.,...,,,,., ..................... 7 EICDC GENERAL CONDITIONS 1910.5 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title Page Article or Paragraph Number Number & Title 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 7-8 ..................... 5. BONDS AND INSURANCE ............................. 8 5.1-5.2 Performance, Payment and Other Bonds...............................................9 5.3 Licensed Sureties and Insurers; Certificates of Insurance .................... 8 5.4 CONTRACTOR's Liability Insurance..........................................9 5.5 OWNER's Liability Insurance...............9 5.6 Property Insurance ..........................9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance..................10 5.8 Notice of Cancellation Provision 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts.................„.10 5.10 Other Special Insurance .....................10 5.11 Waiver of Rights................................11 5.12-5.13 Receipt and Application of Insurance Proceeds .....................10-11 5.14 Acceptance of Bonds and Insw- ance; Option to Replace....................11 5.15 Partial Utilization --Property Insurance ........................................ I 6. CONTRACTOR'S RESPONSIBILITIES 11 6.1-6.2 Supervision and Superintendence..,_ ..11 6.3-6.5 Labor, Materials and Equipment.._ 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights.........., 13-14 6.12 Patent Fees and Royalties....................14 6.13 Perm its.............................................14 6.14 Laws and Regulations ........................ 14 6.15 Taxes...........................................14-15 6.16 Use of Premises„ ..................... 15 6.17 Site Cleanliness ............................. 15 6.18 Safe Structural Loading.....................15 6.19 Record Documents.,.,. 15 6.20 Safety and Protection ................... 15-16 6.21 Safety Representative .........................16 6.22 Hazard Communication Programs_..... 16 6.23 Emergencies..... 6.24 Shop Drawings and Samples..............16 N Page Number 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal....................................16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER ...... 16-17 6.27 Responsibility for Variations From Contract Documents ............ 17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals...................................17 6.29 Continuing the Work..._........*.........17 6.30 CONTRACTOR's General Warranty and Guarantee...............17 6.31-6.33 Indemnification .. ........... ........ . ...17-18 6.34 Survival of Obligations ................... I S 7. OTHER WORK.................................................18 . 7.1-7.3 Related Work at Site ........................ 18 7.4 Coordination.................................18 8. OWNER'S RESPONSIBILITIES .....................:...18 8.1 Communications to CON- TRACTOR.................................18 8.2 Replacement of ENGINEER ............ 18 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports and Tests_.., .... ..................... 18-19 8.5 Insurance, ...... , .... ....................... ... 19 8.6 Change Or&rs...............................19 8.7 Inspections, Tests and Approvals....... *... .................... ....19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services....: 8.9 Limitations on OWNER'S Responsibilities. „..................... 19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material....................19 8.11 Evidence of Financhl Arrangements ....................... ......19 9. ENGINEER'S STATUS DURING CONSTRUCTION..............................................19 9.1 OWNER's Representative ............... 19 9.2 Visits to Site..................................19 9.3 Project Representative ............... 19-21 9.4 Clarifications and Interpre- tations.........................................21 9.5 Authorized Variations in Vbrk 21 EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work...........„.....21 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request .....................27-28 and Payments....................................21 13.10 OWNER May Stop the Work„........28 9.10 Determinatials for Unit Prices...... 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ...........................28 ' NEER as Initial Interpreter..............22 13.12 Correction Period,..........,. 9.13 Limitations on ENGINEER's 13.13 , ...........28 Acceptance of Defective Work ..... ,._.28 Authority and Responsibilities....22-23 13.14 OWNER May Correct Defective Work ..................................... 28-29 ' CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change................23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment ........................23 COMPLETION„ ...„.,..,.,......,..,,,,......_.......... 29 10.3 Work Not Required by Contract 14.1 Schedule of Values „...„.29 , ' Documents........ 23 14.2 Application for Progress 10.4 Change Orders..................................23 Payment ...... ........................... 29 10.5 Notification of Surety ........................23 14.3 CONTRACTOR's Warranty of .... Title ............... . . 29 CHANGE OF CONTRACT PRICE .............................23 14.4-14.7 atio Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments ................. 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion ................... 30 ' 11.4 the Work .................................... Cost of the Work.. ..24-25 14.10 14.11 Partial Utilization..,...,,..,.........,30-31 Final Inspection. 31 11.5 Exclusions to Cost of the Work ..... 25 14.12 Final Application for Payment........31 11.6 CONTRACTOR's Fee ...................... 25 14.13-14.14 Final Payment and Acceptance ' 11.7 11.8 Cast Records„ ............... .... ........... Cash Allowances... .... 25-26 ......26 14.15 ....„.31 Waiver of Claims ......................31-32 11.9 Unit Price Work... 26 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 CHANGE OF CONTRACT TIMES ............................26 15.1 OWNER May Suspend Work ' 12.1 Claim for Adjustment ..., 26 15.2-15.4 .„..„...32 OWNER May Terminate._ 12.2 Time of the Essence ..„ 26 15.5 ..._..._.32 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate 32-33 Control ...................................... 26-27 12.4 Delays Beyond OWNER's and 16. DISPUTE RESOLUTION .................................. 33 ' CONTRACTOR's Control................27 17. MISCELLANEOUS...........................................33 TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice ................................ 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Tones 33 DEFEC77VE WORK..................................................27 17.3 .................. Notice of Claim._.,,, ,._„..„........,....33 13.1 Notice of Defects...............................27 17.4 Cumulative Remedies .................... 33 13.2 Access to the Work ............................27 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included ............................. . ' CONTRACTOR's Cooperation,........ 27 17.6 Applicable State Laws 33-34 13.4 OWNER's Responsibilities; Intentionally ............... left blank.......................................35 Independent Testing Laboratory......27 13.5 CONTRACTOR's EXHIBIT GC :A: (Optional) ' Responsibilities ...... ..................-..-_-27 Dispute Resolution Agreement ..................... GC -Al 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration ............................. GC -Al tion, Testing or Approval.................27 16.7 Mediation_ GC -Al ' ry EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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 Article or Paragraph Acceptance of-- Number ' Bonds and Insurance ..................... ........ .......5.14 defective Work............................10.4.1, 13.5, 13.13 OWNER responsibility for ._....,.,,................ 4.5.1, 8.10 final payment ......... ......... ............ 9.12, 14.15 possible rice and times change P g ....................4.5.2 insurance.........................................................5.14 Authorized Variations in Work ......_„ 3.6, 6.25, 6.27, 9.5 ' other Work, by CONTRACTOR .....................7.3 Availability of Lands........ _... _...4.1, 8:4 Substitutes and "Or -Equal" Items.,.,,.... .._6.7.1 Award, Notice of --defined.,.,, .............................. Work by OWNER..............................2.5, 6.30, 6.34 „1.25 Before Starting Construction,...,.,....,,,................2.5-2.8 ' Access to the-- Lands, OWNER and CONTRACTOR Bid --definition of ... 1.5 (I.l, 1.10, 2.3, 3.3, .... 4.2.6.4, 6.13, 11.4.3, 11.9.1) responsibilities..............................................4.1 Bidding Do currents -definition site, related Work, ' Work...........................................13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- Bidding Requirements --definition of CONTRACTOR ................... I ............... 6.9.1, 9.13.3 Bonds -- ENGINEER .......................................... 6.20, 9.13.3 acceptance of .................................................... 5.14 WNER.................................................. 6.20, 8.9 OWNER.... ***'* ......................................... additional bonds 10.5, 11.4.5.9 ' Addenda --definition of (also see Cost of the Work ....................................... 11.5.4 definition of Specifications) _....... (1.6, 1.10, 6.19), 1.1 definition of. 1.8 Additional Property Insurances ................................. 5.7 delivery of.. . ...... ......... ................ 2.I, 5.1 Adjustments-- final Applitiofor Pant,,,_,_............2-14.14 Contract Price or Contract -general ...................................... 1.10, 5.1-5.3, 5.13, ' Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, ........ ........ .............. 9.13, 10.5, 14.7.6 .............................4.5.3, 9.4, 9.5, 10.2-10.4, Performance, Payment and Other_.,,_,,,,..._....._5.1-5.2 ........ ......... ................11, 12, 14.8, 15.1 Bonds and Insurance --in general_._, progress schedule .............................................. 6.6 Builder's risk "all-risk" policy form. ...... ,...... ........... 5.6.2 ' Agreement-- Cancellation Provisions, Insurance. ., 5.4.11, 5.8, 5.15 definition of......................................................1.2 Cash Allowances................................:................... l 1.8 "All -Risk" Insurance, policy form, ...........................5..6.2 Certificate of Substantial Completion ......... 1.38, 6:30.2.3, Allowances, Cash............ 11.8 ..................................................14.8, 14.10 Amending Contract Documents ................................ 3.5 Certificates of Inspection,,.,.....,,,., ....9.13.4, 13.5, 14.12 Amendment, Written-- Certificates of Insurance,,, .....2.7; 5.3, 5.4.11, 5.4.13, in general „.._.....,,,,„1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 .......................5.6.5. 5.8, 5.14, 9.13.4, 14.12 ..........................6.8.2, 6.19, 10.1, 10.4, 11.2 Change in Contract Price-- ' 12.1, 13.12.2, 14.7.2 Cash Allowances...............................................11.8 Appeal, OWNER or CONTRACTOR claim for price intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5 adjustment ............. 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 Application for Payment-- ...................9.5, 9.11, 10.2, 10.5, 11.2, 13.9, ' definition of.................„_,.................................1.3 .13.13, 13.14, 14.7, 15.1, 15.5 ENGINEER's Responsibility ............................... 9.9 CONTRACTOR's fee........_..11.6 .............................. final payment ................. 9.13.4, 9.13.5, 14.12-14.15 Cost of the Work t in general ...........................2.8, 2.9, 5:6 4, 9.10, 15.5 progress payment,,,,...... ,_14.1-14.7 general................... ...................1.1..4-11.7 Exclusions to,,,,....,.......11.5 review of ......................................14.4-14.7 Cost Records.,,,,._...._,.,,,11.7 Arbitration ................................................ . .16.1-16.6 in general.......,..._,1.19, 1.44, 9,11, 10.4.2, 10.4.3, 11 Asbestos-- Lump Sum Pricing. ricing...... ....................................11.3.2 claims pursuant thereto ................ .......4.5.2, 4.5.3 Notification of Surety ........................................ CONTRACTOR authorized to stop Work ...,._, „4.5.2 Scope of,,,,,,,,,,,,,,,,,,,,,,, „ .........10.3-10A definition of ........................................................ Testing and Inspection, ' Uncovering the Work.................................13.9 v EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) MO CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) t I 1 1� Unit Price Work...........................................11.9 Article or Paragraph Num ber Value of Work..............................................:...11.3 Change in Contract Times -- Claim for times adjustment ......... 4.1, 4.2.6, 4.5, 5.15, ............ 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, ............... 13.9,13.13,13.14,14.7,15.1,15.5 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.....................................11 Change of Contract Times...................................12 Changes in the Work ......... ......... ........ 10 CONTRACTOR's fee . ; ........ .............................. 11.6 Cost of the Work.......................................11.4-11.7 Cost Records....................................................11.7 definition of.......................................................1.9 emergencies...................................................6. 23 ENGINEERS responsibility....... 9.8, 10.4, 11.2, 12.1 executionof.....................................................10.4 Indemnifiction .........................6.12, 6.16, 6.31-6.33 Insurance; Bonds and... ..................... 5.10, 5.13, 10.5 OWNER may terminate .......... ....... ................... 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 vi 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 Notice of.........................................................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's liability .............................................. 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..........................:..............................1,1.3 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 Clean Site..........................................................6.17 Codes of Technical Society, Organization or Association................................................. 3.3.3 Commencement of Contract Times ..........................2.3 Communications-- general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs ..................... 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 and Others.................................................6.8-6.11 Conferences -- initially acceptable schedules .............................. 2.9 preconstruction preconstructioq .......... 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 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) H 1 I Cash Allowances..__........ 11.8 Article or Paragraph Number Change of Contract Price .................................... 11 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 general3 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 Related Work ........... ........ ...... .7 .......2 Reporting and Resolving Discrepancies ..........5, 3.3 Reuseof.............................................................3.7 Supplementing ................................................. 3.6 Termination ofENGINEER'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 Change of .... ..... .................................................I 1 Decision on Disputes..... ................................... 9.11 definition of.....................................................1.11 Contract Times -- adjustment of ..........................3.5, 4.1, 9.4, 10.3, 12 Change of................................................12.1-12.4 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.......... I.................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..................................4.5.2 CONTRACTOR's- Article or Paragraph Num ber 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, 15.11 Request for formal decisionon disputes..............9.11 Responsibilities -- Changes in the Work..................................10.1 Concerning Subcontractors, Suppliers and Others 6.8-6.11 Continuing the Work ..........................6.29, 10.4 CONTRACTOR's 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.................................9.2 6 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......... .., , 7.2, .......................... . 7.3, 8.9 Hazardous Communication Programs.._........6.22 Indemnification ................................... 6.31-6.33 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Labor, Materials and Equipment ............. Laws and Regulations.................................6.14 Liability Insurance ......... ......... ........... 5.4 ' Article or Paragraph Number Notice of variation from Contract ' Documents,,,,,....,.. 6.27 Patent Fees and Royalties ............. ................ 6.12 Perm its .......................... ............................. 6.13 Progress Schedule ......................................... 6.6 ' Record Documents.......................................6.19 related Work performed prior to ENGINEERS 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 ....:.:...:: Superintendence .6.7.1 6.2 Supervision.......,.. ...,..„ 6.1 Survival of Obligations................................6.34 ' Taxes........................................I...............6.15 Tests and Inspections...................................13.5 To Report ............. ........ 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„ ............. 14.9 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 ..........................1.3.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period.,......_.. 13.12 OWNER May Correct Defective Work .... I .......... 13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections.....................................13.4 Recordsll.7 Cost of the Work -- Bonds and insurance, additional .. ............ ..11.4.5.9 Cash Discounts........................................ ......11.4.2 CONTRACTORS Fee ............... „11.6 Employee Expenses..,_ 11.4.5.1 Exclusions to...........................I.................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..........................1.1.4.3 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.....,.. _..1.1.4.5.4 Tests and Inspection...... .................................... 13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities ..............11.4.5.7 Work after regular hours.................................11.4.1 Covering Work...............................................13.6-13.7 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) H 1 Correction or Removal of., ..................... 10.4.1, 13.11 Correction Period 13.12 ................................... in general.........................................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER,...,.,,.. 9.2 OWNER May Stop Work.................................13.10 Prompt Notice of Defects...................................13.1 Rejecting ............................................ ............ . .. 9.6 Uncovering the Work ........................................ ............................... 13.8 Definitions ... . 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 Notice of.........................................................4.2.3 ENGINEER's Review ....................................... 4.2.4 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments..............4.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6.14.2 Dispute Resolution Agreement ........ ........................................16.1-16.6 Arbitration................................................16.1-16.5 genera116 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 Reuse of............................................................. 3.7 Drawings --definition of..........................................1.15 Easements ..................... 4.1 Effective date of Agreement definition of„ ...1.16 Emergencies..........................................................0.23 ENGINEER -- as initial interpreter on disputes .................9.11-9.12 definition of..___...,. 1.17 Limitations on authority and responsibilities..,.. 9.13 Replacement of .............................. 8.2 Resident Project Representative ................. 9.3 ENGINEER's Consultant -- definition of..................1. is 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 ix 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 .................... Clarifications and Interpretations ..................4 99.5 Decisions on Disputes ........ ............. 9.11-9:12 Determinations on Unit Price ...... .... I ............ 9.10 ENGINEER as Initial Interpreter ........ 9.11-9.12 ENGINEER's Responsibilities._...,,.. ...9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities..„ .......................... 9.13 OWNER's Representative. ............................. 9.1 Project Representative...................................9.3 Rejecting Defective Work,.. _ ....... ......... 9.6 Shop Drawings, Change Orders and Payments ........................... :........ 9.7-9.9 Visits to Site.................................................9.2 Unit Price determinations ............................. .9.10 Visits to Site ............... „9.2 Written consent required .............................. 7.2, 9.1 Equipment, Labor, Materials and ...................... 6.3-6.5 Equipment rental, Cost of the Work....,... ..... ...... 11.4.5.3 Equivalent Materials and Equipment ......................... .7 error or omissions..................................................6.33 Evidence of Financial Arrangements .......................8.11 Explorations of physical conditions 4.2.1 Fee, CONTRACTOR's--Costs Plus ................ .......... . 1.6 Field Order -- definition of.....................................................1.19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment...............................14.12 Final Inspection .................... ... ............................. 14.11 Final Payment -- and Acceptance...,,..,_ ... ........................ 14.13-14.14 Prior to, for cash allovances..............................11.8 General Provisions ................... .................... ...17.3-17.4 General Requirements - definition of ................ .................................... principal references to..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice........................................................17.1 Guarantee of Work --by CONTRACTOR.... .,.... 6.30, 14.12 Hazard Communication Programs... ....................... 6.22 Hazardous Waste -- definition of.....................................................1.21 general ,..... .. ..................................................... 4.5 OWNER's responsibility for .............................. 8.10 EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ' Indemnification..............................6.12, 6.16, 6.31-6.33 Insurance ........................................................... 5.3 Initially Acceptable Schedules_.,..... I..........................2.9 Precedence ................................................ 3.1, 3.3.3 Inspection-- Reference to _........ 3.3.1 ......... Certificates of..............................9.13.4, 13.5, 14.12 Safety and Protection......_.,,. .............6.20, 13.2 Final..................:....................................... 14.11 Subcontractors, Suppliers and Others ............ 6.8-6.11 Article or Paragraph Article or Paragraph ' Number Number Special, required byENGINEER ......................... 9.6 Tests and Inspections ................................... 13.5 Tests and Approval.. ...................... 8.7, 13.3-13.4 Use of Premises.._....:, 6.16 Insurance-- Visits to Site . ................ . ...............:............... ......9.2 ' Acceptance of, by OWNER............................5.14 ... Liability Insurance-- Additional, required by changes CONTRACTOR's......................................... 5.4 in the Work............................................11.4.5.9 OWNER'S............ ................................................ 5.5 Before starting the Work.....................................2.7 Licensed Sureties and Insurers................................. 5.3 ' Bonds and --in general 5 Liens-- Cancellation Provisions ..._ ...... 5.8 Application for Progress Payment ......... ........14.2 Certificates of ...................2.7, 5, 5.3, 5.4.11, 5.4.13, CONTRACTOR's Warranty of Title,.,...........,.....14.3 .....,. 5.6.5, 5.8, 5.14, 9.13.4, 14.12 Final Application for Payment. ._.. ' completed operations......................................5.4.13 definition of.,: ... _......... ,,__.................................. ..1.4.12 1.23 CONTRACTOR'S Liability ...... ......... ...........5.4 Waiver of Claims,...... 14.15 CONTRACTOR's objection to coverage.........„.. 5.14 Limitations on ENGINEER's authority and Contractual Liability......................................5.4.10 responsibilities„__.......__.,,...........,....,._........ 9.13 ' deductible amounts, CONTRACTOR'S Limited Reliance by CONTRACTOR responsibility................................................5.9 Authorized................................ Final Application for Payment .........................14.12 Maintenance and Operating Manuals -- Licensed Insurers...............................................5.3 Notice requirements, material changes. 5.8, 10.5 Final Application for Payment ........................... Manuals (of others) -- 1.4.12 Option to Replace ............................................. 5.14 Precedence other special insurances....................................5.10 Reference to in Contract Documents......,...,...... 3.3.1 ' OWNER as fiduciary for insureds............... OWNER's Liability ............................................ 5.5 Materials and equipment-- furnished by CONTRACTOR.............................. 6.3 OWNERsResponsibility....................................8.5 not incorporated in Work....,,.,...........................14.2 Partial Utilization, Property Insurance., 5.15 Materials or equipment --equivalent ......... 6.7 Property .................................................... .............. Receipt and Application of Insurance Mediation (Optional)...... ..................... Milestones--defmition of ......................................... 16.7 1.24 Proceeds......................................... . .5.12-5.13 Miscellaneous-- Special Insurance ............................................. 5.10 Computation of Times.._,.....,,,......._.. 17.2 Waiver of Rights.. ........ ........ Cumulative Remedies.. 17.4 ' Intent of Contract Documents ... ............:...:: "I' .._3.1-3.4 Giving Notice ...............:...::........_....... .... . 17.1 Interpretations and Clarifications...... 3.6.3, 9.4 Notice of Claim 17.3 Investigations of physical conditions...** .............. *..... , 4.2 Professional Fees and Court Costs Included 17.5 Labor, Materials and Equipment..........................6.3-6.5 .......... Multi -prime contracts..................................... 7 Lands-- Not Shown or Indicated.,., ' and Easements_..., ..., ._..8.4 Notice of-- Availability of.............................................4.1, 8.4 Acceptability of Project .................................... 14.13 Reports and Tests ....... ......... .......... 8.4 Award, definition of .. _ ..... ................................... Laws and Regulations --Laws or Regulations-- Claim . * ......... .......... ........ 17.3 ' Bonds........................................................5.1-5.2 Defects,13.1 Changes in the Work........................................10.4 Differing Subsurface or Physical Conditions,,,... 4.2.3 Contract Documents_.. .........3.1 Giving CONTRACTOR'S Responsibilities .....................6.14 ' Correction Period, defective Work„..................13.12 Tests and Inspections ...,.,.....,_... Cost of the Work, taxes...............................11.4.5.4 Variation, Shop Drawing and Samplz.,,,,,.....__....6.27 definition of .............. „ .................1.22 Notice to Proceed-- ' general6.14 Indemnification ....................................... 6.31-6.33 definition of ................................................... giving of ................. 1.26 2.3 x EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set ' forth hereafter. ' 1) Substantial Completion: Three Hundred Dollars ($300) for each calendar day or fraction thereof that expires after the seventy-five (75) 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 ten (10) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ' ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Two Hundred Five Thousand Three Hundred Fifty Five Dollars, ($205,355.00), in accordance with Section .00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance ' with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ' 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, m&y determine that as long as the character and progress of O Section 00520 Page 2 0 ' Notification to Surety„............................................10.5 testing, independent ................... ,.................... 13.4 Observations, by ENGINEER........ 6.30, 9.2 .............. use or occupancy Occupancy of the Work ...... ..... ........ 5.15, 6.30.2.4, 14.10 of the Work......................... 5.15, 6.30.2.4, 14.10 ' Omissions or acts by CONTRACTOR ..........6.9, 9.13 written consent or approval Open Peril policy form, Insurance. I ................5.6.2 required. 9.1, 6.3, 11.4 Option to Replace .................................................. 5.14 Article or Paragraph ' Number "Or Equal" Items......................................................0.7 Other work 7 Overtime Work --prohibition of ................................. 6.3 ' OWNER -- Acceptance of defective Work .......................... 1.3.13 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 .......................... Coordination of the Work7 ..._.,,.. ,. .4 Disputes, request for decision.-,.,..,,................9.11 Inspections, tests and approvals..................8.7, 13.4 Liability Insurance ..............................................5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEER's Status......................................9.1 Responsibilities-- ' Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................8. IO Change Orders..............................................8.6 Changes in the Work...................................10.1 communications ........................................... &I ' CONTRACTOR's responsibilities ............. 8.9 evidence of financial arrangements..............8.11 inspections, tests and approvals... I.................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 Xi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION} w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) n Article or Paragraph Num ber written notice required ........................7.1, 9.4, 9.11, 11.2 1 L9 14.7 15.4 .................................... PCBs -- definition of.....................................................1.29 general..............................................................4.5 OWNER's responsibility for...............................8.10 Partial Utilization -- definition of......................................................1.28 general6.30.2.4, 14.10 Property Insurance ............................................ 5.15 Patent Fees and Royalties........................................6.12 Payment Bonds .................... ............................... 5.1-5.2 Payments, Recommendation of..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ... ... I..........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 ................... ......1.4.8-14.9 Waiver of Claims ............................................. 14.15 when payments due ................................ 14.4, 14.13 withholding payment„ ......... ..................... 14.7 Performance Bonds ...................................... I ...... 5.1-5.2 Perm its ............................................................ 6.13 Petroleum -- definition of ................. ...................................... 1.30 general..........................................................4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating to ....................... 4.2.1.2 ENGINEER's review... ...................................... 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 Subsurface Conditions...................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ......................... 4.2.2 Underground Facilities-- general........................................................ 4.3 Not Shown n or Ined ............................... . 4.3.2 Protection of.........................................4.3, 6.20 xii 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 ............................: ....... ......11 Price, Contract --definition of 1.11 Progress Payment, Applications for ..........................14.2 Progress Payment--retainage.........•......................... 14.2 Progress schedule, CONTRACTORS ........ 2.6, 2.8, 2.9, ............................ 6.6, 6.29, 10.4, 15.2.1 Project --definition of.............................................1.31 Project Representative— ENGINEER's Status During Construction .--- ._..,...9.3 Project Representative, Resident --definition of ..........33 1 prompt payment by OWNER ..................................... 8.3 Property Insurance-- Additional.........................................................5.7 general5.6-5.10 Partial Utilization................................5.15, 14.10.2 receipt and application of proceeds ......... .... 5.12-5.13 Protection, Safety and ...............•.............. 20-6.21, 13.2 Punch list .............................................. . 14.11 Radioactive Material-- defintion of......................................................1.32 genera14.5 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 Reference Points.......................................................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 -- at Site ............ .................................... .........7.1-7.3 Performed prior to Shop Drawings and Samples submittals review.....................6.28 Remedies, cumulative .................................. .17.4, 17.5 Removal or Correction ofDefective 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 -- and Drawings ................................................. 4.2.1 and Tests, OWNER's responsibility.....................8.4 Resident and Project Representative -- definition of....................................................1.33 provisionfor............................................................ 9.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) J Article or Paragraph Number Article or Paragraph Number Resident Superintendent, CONTRACTOR's ................6.2 Responsibilities-- submittal required...............................................6.24.1 CONTRACTOR's-in general .................................. 6 Submittal Procedures ...,............--.,,..,......-......_...6.25 use to approve substitutions 6.7.3 ...... Shown or Indicated.--- ......... ........ 4.3.1 ENGINEER's-in general........................................9 Site Access......................................................7.2, 13:2 Limitations on.............................................9.13 Site Cleanliness ....................................................... 6.17 OWNER's-in general .... ...... ........................ .... ....... :8 Site, Visits to-- Retainage............................................................1.4.2 by ENGINEER ........................................... 9.2, 13.2 ' Reuse of Docum ents........................................... 3.7 by others ................. ...................................13.2 .. Review by CONTRACTOR: Shop Drawings "special causes of loss" policy form, and Samples Prior to Submittal ..........................6.25 insurance .......................................... 5.6.2 Review of Applications for definition of ................„..., ..... ,...... .................... 1.36 ' Progress Payments.....................................14.4-14.7 Specifications -- Right to an adjustment ...................... ..............10.2 defination of ......,......,........_.__...1.36 Rights of Way ........................................ ...............4.1 of Technical Societies, reference to ................... 3.3.1 Royalties, Patent Fees and ..............,......... _..._...6.12 precedence ................................................. 3.3.3 ' Safe Structural Loading .... .. ....... ........6.18 Standards and Specifications I... Safety-- Y of Technical Societies . ........................... 3.3 and Protection................................4.3.2, 6.16, 6.18, Starting Construction, Before..............................2.5-2.8 6 20 6 21, 7.2, 13.2 Starting the Work............ .*...._._ 2.4 ........ ........... ' general ..,....- ......... 6.20-6.23 Stop or Suspend Work-- Representative, CONTRACTOR's.....................6.21 by CONTRACTOR ........................................... 15.5 Samples-- by OWNER ............... ......... ........8.8, 13.10; 15,1 ' definition of.....................................................1.34 general 6 24 6.28 Storage of materials and equipment .................. Structural Loading, Safety ,... 4.1, 7.2 ......... ......... .- Review by CONTRACTOR ....... ......... ....--,--6.25 -.................................. Subcontractor -- .....6.18 Review by ENGINEER..............................6.26, 6.27 Concerning ................................................ 6.8-6.11 relatedWork....................................................6.28 submittal of........... .......................................... 6.24.2 definition of................... ................................. delays........................................................... 1.37 12.3 submittal procedures. ........................................ 6.25 waiver of rights..-..... ...................... ................. 6.I1 Schedule of progress .............................. 2.6, 2.8-2.9, 6.6, Subcontractors --in general,,,--.._...,,....-... . ............ 6.8-6.11 ......... ............6.29, 10.4, 15.2.1 Subcontracts --required provisions .......... 5.11, 6.11, 11.4.3 ' Schedule of Shop Drawing and Sample Subm ittals-- Submittals*. ....I......................2.6, 2.8-2.9, 6.24-6.28 Applications for Payment .....,.,,,....,..,.. ............. 14.2 Schedule of Values..............................2.6, 2.8-2.9, 14.1 Maintenance and Operation Manuals.,...._..,.,.,,14.12 Schedules-- Procedures ' Adherence to 15.2.1 ..................................................... Progress Schedules., ....................................... 6.6.25 22.9 Adjusting..... ......................................................6.6 Samples........ ............................................. 6.24-6.28 Change of Contract Times -- ........................... Schedule of Values ..................................... 2.6, 14.1 Initially Acceptable...... .............. 2.8, 2.9 Schedule of Shop Drawings and Samples Preliminary ........................................................2.6 Submissions ...................................... 2.6, 2.8-2.9 Scopeof Changes ..................................... 10.3-10.4 Shop Drawings........,............................... ......................................... Subsurface Conditions......................................4.2.1.1 Substantial Completion -- Shop Drawings-- certification of............................6.30.2.3, 14.8-14.9 and Samples, general ........... . . ........I........6.24-6.28 definition of..-._.,,.,,.,.......,,,...... -- 1.38 Change Orders &Applications for Substitute Construction Methods or Procedures-..-.,.-6.7.2 Payments, and ..................................... 9.7-9.9 Substitutes and "Or Equal" Items,,.,.,-.---........--- 6,7 definition of ,.. .....,. CONTRACT Expense...-... ......... .....6....1. ENGINEER's approval of .......... ...................3.6.2 ENGINEER's Evaluation................................. 6.7.3 ' ENGINEER's responsibility "Or -Equal.. ............ .... ........ 6.7.1.1 for review ............... .... . ...... 9.7, 6.24-6.28 Substitute Construction Methods related Work.........................................I.........6.28 ' review procedures„..............................2.8, 6.24-6.28 X°i EJCDC GENERAL CONDITIONS I910-8 1990 EDITION N1 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) C F Article or Paragraph Number or Procedures ............................................. 6.7.2 Substitute Items.. ................................. ......... 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatng 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 andTimes Adjustments ............... 4.2.6 Reports and Drawings......................................4.2.1 Subsurface and..,,..,.,., ...................................... 4.2 Subsurface Conditions at the Site4.2.1.1 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 ...: ., .............................................. . .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 xiv Temporary construction facilities 4.1 Article or Paragraph Number Termination_ by CONTRACTOR...........................................15.5 by OWNER........................................5.8, 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.,,...,...„....................... Laws and Regulations (or)„.... 13.5 Notice of Defects .... ......... ...... ........... .................13.1 OWNER May Stop Work.................................13.10 OWNER's independent testing ...........................BA 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 Computation of................................................17.2 Contract Times--defmition of,..,..,.,,. ............... . .12 day.........................................................17.2.2 Milestones.... I ......................... ......................... ...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.........................................................1.1.9.3 definition of ..................................................... 1.42 general11.9, 14.1, 14.5 Unit Prices-- general11.3.1 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 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ' 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 -- ' Accessto..........................................................13.2 thers..................................................... by others,, ........ ................. ....... * ................7 Changes in the....................................................10 Continuing the..................................................6.29 ' CONTRACTOR May Stop Work orTerminate...............................................15.5 Coordination of .................................................. 7.4 Cost of the,..._....,. 11.4-11.5 definition of......................................................1.43 neglected by CONTRACTOR ..... ...... ......... .......13.14 otherWork............................................................7 OWNER May Stop Work ..................... ......13.10 ' OWNER May Suspend Work ... .... ........ 13.10, 15.1 Related, Work at Site.....................................7.1-7.3 Startingthe ......................................................... .......................................... Stopping by CONTRACTOR.............................15.5 ' Stopping by OWNER .............. ................... 15.1-15.4 Variation and deviation authorized, minor ...... I .... 3.6 Work Change Directive-- ' claims pursuant to definition of 10.2 .44 .. ....1.44 principal references to,.......,.. 3.5.3, 10.1-10.2 Written Amendment-- ' definition of...................................................1.45 principal references to... ........... 1.10, 3.5, 5.10,15.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, .,..........*. ............11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and ' Interpretations...................................3.6.3, 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, 11.21 13.14 1 xv EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) J (This page left blank intentionally) ' xn EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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. Bich -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. 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 form. 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 rase of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to 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 Agreement. 1.18. ENGINEER's Consultant --A person, Finn 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. F� I I 1.20. General Requirements —Sections of Division 1 of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations, Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.22.b. Legal Holidays --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 &action thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY 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 --Regular working hours are defined as 7:00am to 6:00om 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 krill be judged 135. Shop Dramngs--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 0 1, 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 paragraph6.23. 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 nontechrucal rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELINUNARY 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, EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) w/ CITY 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. in no event will the Contract Times commence to run later than the. sixtieth day a f..�., _after the d y. ,....,"r,..niiab v .,....,,....... ter the A.t ...1.:..t.,yef date i a ffi... Starting the Work: 2.4. CONTRACTOR shall start to perform the Work - on the date when the Contract Times commence to nun, 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 OWNER shall eaeh deliver to the ether OWNER, with copies to idanti4gd in the Supple entary r a t ENGINEER 1 certificates of insurance (and other evidence of insurance reasonably Feq requested by OWNER) which CONTRACTOR and nlr nrcn - eotwe1..., � is required to purchase and maintain in accordance with paragraphs 5.4, 5.6 and 5.7. Preconsbuction 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, at least ten days be figre m.l...,issien of the first ApplLcation f r Uaymen before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as appropriate 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 CONTRACTORS full responsibility therefor. CONTRACTORS schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTORs 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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. 3.3. 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. I> 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 F1 1 the Work remain satisfactory to them, there will be no additional 1 retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment ' not incorporated ,in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 1 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of 1 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, 1 OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 1 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all 1 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 1 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. 1 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such 1 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 1 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. 1 Section 00520 Page 3 LI C 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be 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 CONDITIONS 1910-8 (1990 Edition) w/ CITY 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--AVAII.ABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availabifity 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 a bal Y of or filing a n4pehnnis'.,; lion against suE44 'And,; i aYYLaws and Regulations.. 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 firtnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7 C 11 r� 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 againstOWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTORs purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w! CITY OF FORT COLLINS MODIFICATIONS (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, pmmptly 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 Adfustments: 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 ol; 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 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment, 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final 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. IJ 1 1 If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions=Underground Facilities: 4.3.1. Shona orIndcated• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER acid 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. ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall ftunish 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 famish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) 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 famished 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 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue 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. GALNEo„T. l deliver to CONTRACTOR; witlGap;asto each additional insured identified in the Supplefflenta Eonditisns, sertifsates of—maranca(and othe EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) ' COATRACTOR'sLiability Insurance: 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations 5.4. CONTRACTOR shall purchase and maintain such under paragraphs 6.12, 6.16 and 6.31 through 6.33; ' liability and other insurance as is appropriate for the Work being performed and furnished and as will provide 5.4.11. contain a provision or endorsement that the protection from claims set forth below which may arise out coverage afforded will not be cancelled, materially of or result from CONTRACTOR's performance and changed or renewal refused until at least thirty days' fiunishing of the Work and CONTRACTOR's other prior written notice has been given to OWNER and ' obligations under the Contract Documents, whether it is to CONTRACTOR and to each other additional insured be performed or furnished by CONTRACTOR, any identified in the Supplementary Conditions to whom Subcontractor or Supplier, or by anyone directly or a certificate of insurance has been issued (and the indirectly employed by "any of them to perform or furnish certificates of insurance furnished by the any of the Work, or by anyone for whose acts any of them CONTRACTOR pursuant to paragraph 5.3.2 will so may be liable: provide); 5.4.1. claims under workers' compensation, disability 5.4.12. remain in effect at least until final payment benefits and other similar employee benefit acts; and at all times thereafter when CONTRACTOR may ' be correcting, removing or replacing defective Work 5.4.2. claims for damages because of bodily injury, in accordance with paragraph 13.12; and occupational sickness or disease, or death of CONTRACTOR's employees, 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a ' 5.4.3. claims for damages because of bodily injury, claims -made basis, remain in effect for at least two sickness or disease, or death of any person other than years after final payment (and CONTRACTOR shall CONTRACTOR's employees; furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom 5.4.4. el^ims for damages insured b ust m a certificate of insurance has been issued evidence ' -aul ' • liability •••hie ' sustain a satisfactory to OWNER and any such additional (�" any „eFse n as u mint of an eF s insured of continuation of such insurance at final 4rectly Felated t, the empleyment of sir w personby . any GQT,TTD A!`TQP r (ii) by a other payment and one year thereafter 'ethef person f easer# OWAFR's Liability Insurance: 5.4.5. claims for damages, other than to the Work 5.5. In addition to insurance required to be provided itself, because of injury to or destruction of tangible by CONTRACTOR under paragraph 5.4, OWNER, at property wherever located, including loss of use OWNER's option, may purchase and maintain at resulting therefrom; and OWNER's expense OWNER's own liability insurance as ' will protect OWNER against claims which may arise from 5.4.6. claims for damages because of bodily injury or operations under the Contract Documents. death of any person or property damage arising out of the ownership, maintenance or use of any motor Property Insurance: ' vehicle. The policies of insurance so required by this paragraph 5.4 5.6. 1-Jnless otherwise provided in the Supplementary Conditions, OWNER shallpxrohase and Faintain to be purchased and maintained shall: upon the Wer-k- at the siIe in the afn -08st 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9 of the full r-eplaGeEnent thereof (subject t Jh deduetible amounts as=Fney be provided the include as additional insureds (subject to any Regulations). This :„ ^-anee,.ha0 customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER'S 5.6.1. inelude the interests of CAWIRR; ' Consultants and any other persons or entities identified E61NURACTOR; Stibeentraeter,, rrnM R; in the Supplementary Conditions, all of whom shall be ENGB�Mp C-ensUltants and any other persons or listed as additional insureds, and include coverage for erAitie the respective officers and employees of all such eeeh of whem is deemed e h ah'� mle intertsi ' additional insureds; shall and n be listed .,,..n ..W 1-red- a-- :t:.� 5.4.8. include the specific coverages and be written 5.6.2. be Y itten on a Builder's Risk "all risk" for not less than the limits of liabilityprovided in the p „e„ o^i o ^i^i se R f i^RS „,.465' F^-•-- that eY.,.. Y......;•- gip: „.u... Supplementary Conditions or required by Laws or snail a lens* ^^i"�^ 4 SuFame r - physioal less ' Regulations, whichever is greater; damage to the „d i„ ,„...t�and 5.4.9. include completed operations insurance; Workr,. ..T.^TTagainst t lea ' EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) Tv/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) I F1 1 l as::rrsef �>`r�t!,lr,F limitedtofees ....a� o.�ha as e,, er}gu�eeFS�cl afehi-%Ei5); 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in 010 {I erk to the a.Aent of any ,ledaetible a t tl. t identified in the Supplementafy Genditiens. The risk-� less ...:tl,' h id n t -fi dl deductible ara_ - t 'il 1. born _ by 901,4RA!_.T-O Subwntt'ix'• terax-�crzi-r9 any eeverasueh less and if any ef them wishes propefty insurance EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) ReeeiptandApplication 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 if e,ed m:.: b,. y b Acceptance of Bonds and Insurance; Option to Replace: 5.1.4. If OWNER has any objection to the coverage afforded by or other provisions of the Berrds eF insurance required to be purchased and maintained by the ear --gam CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the ebjeeting pa" shall se ftefif�-�� OWNER will notify CONTRACTOR in writing within ten fifteen days after reseigt delivery of the certificates (e stki'etpe requested] to OWNER as required by paragraph 2.7. Provided as the 9ther- may feesenably request. if aitheF OWNER and GG�FFRAGTOR sh the p", dees not ufehaa all F 1, Bonds .] uisi anee regx ied e€ Gh paFty by li. *1 C; PaFty Wer4E nr of ,J, failure r„ maintainto any R ange maEly, the other part, oluet te obtain equivalent eaverage, and a Chang@ Order shall be issued to adjust the Partial Ufilization—Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1 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 andSuperintendence.• 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 tunes 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 CONTRACTORSs 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 ' 6.4. Unless otherwise specified in the General is followed by like, contains or words reading that no Requirements, CONTRACTOR shall famish and assume equivalent or "or -equal" item or no substitution is full responsibility for all materials, equipment, labor, permitted, other items of material or equipment or transportation, construction equipment and machinery, material or equipment of other Suppliers may be tools, appliances, fuel, power, light, heat, telephone, water, accepted by ENGINEER under the following sanitary facilities, temporary facilities and all other circumstances: facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.7.1.1. 'Or -Equal": If in ENGINEER's sole discretion an item of material or equipment ' 6.4.1. Purchasing Restrictions: CONTRACTOR proposed by CONTRACTOR is functionally must comply with the City'spurchasing restrictions. A equal to that named and sufficiently similar so that copy of the resolutions are available for review in the no change in related Work will be required, it may offices of the Purchasing and Risk Management be considered by ENGINEER as an "or -equal Division or the City Clerk's office. item, in which case review and approval of the proposed item may, in ENGINEER's sole 6.4.2. Cement Restrictions: City of Fort Collins discretion, be accomplished without compliance Resolution 91-121 requires that suppliers and producers with some or all of the requirements for ' of cement or products containing cement to certify that the cement was not made in cement kilns that bum acceptance of proposed substitute items. 6.7.1.2. Substitute Items.• If in ENGINEER's sole hazardous waste as a fuel. discretion an item of material or equipment proposed by CONTRACTOR does not qualify as 6.5. All materials and equipment shall be of good an "or -equal" item under subparagraph 6.7.1.1, it quality and new, except as otherwise provided in the will be considered a proposed substitute item. ' Contract Documents. All warranties and guarantees CONTRACTOR shall submit sufficient specifically called for by the Specifications shall expressly information as provided below to allow run to the benefit of OWNER. If required by ENGINEER, ENGINEER to determine that the item of material CONTRACTOR shall famish satisfactory evidence or equipment proposed is essentially equivalent to (including reports of required tests) as to the kind and that named and an acceptable substitute therefor. ' quality of materials and equipment All materials and The procedure for review by the ENGINEER will equipment shall be applied, installed, connected, erected, include the following as supplemented in the used, cleaned and conditioned in accordance with General Requirements and as ENGINEER may instructions of the applicable Supplier, except as otherwise decide is appropriate under the circumstances. provided in the Contract Documents. Requests for review of proposed substitute items ' of material or equipment will not be accepted by Progress Schedule. ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to 6.6. CONTRACTOR shall adhere to the progress furnish or use a substitute item of material or schedule established in accordance with paragraph 2.9 as it equipment, CONTRACTOR shall first make ' may be adjusted from time to time as provided below: written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will 6.6.1. CONTRACTOR shall submit to ENGINEER perform adequately the functions and achieve the ' for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress results called for by the general design, be similar in substance to that specified and be suited to the schedule that will not change the Contract Times (or same use as that specified. The application will Milestones). Such adjustments will conform generally state the extent, if any, to which the evaluation to the progress schedule then in effect and additionally and acceptance of the proposed substitute will will comply with any provisions of the General prejudice CONTRACTOR's achievement of ' Requirements applicable thereto. Substantial Completion on time, whether or not acceptance of the substitute for use in the Work 6.6.2. Proposed adjustments in the progress schedule will require a change in any of the Contract that will change the Contract Times (or Mlestones) Documents (or in the provisions of any other shall be submitted in accordance with the requirements direct contract with OWNER for work on the ' of paragraph 12.1. Such adjustments may only be Project) to adapt the design to the proposed made by a Change Order or Written Amendment in substitute and whether or not incorporation or use accordance with Article 12. of the substitute in connection with the Work is subject to payment of any license fee or royalty. 6.7. Substkutesand "Or -Equal" Items: All variations of the proposed substitute from that ' specified will be identified in the application and 6.7.1. Whenever an item of material or equipment is available maintenance, repair and replacement specified or described in the Contract Documents by service will be indicated. The application will using the name of a proprietary item or the name of a also contain an itemized estimate of all costs or particular Supplier, the specification or description is credits that will result directly or indirectly from ' intended to establish the type, function and quality acceptance of such substitute, including costs of required. Unless the specification or description redesign and claims of other contractors affected 12 EJCDC GENERAL CONDITIONS 1910-9 (1990 Edition) w/ CITY OFFORT COLLINS MODIFICATIONS (REV 42000) 11 ' by the resulting be change, all of which will considered by ENGINEER in evaluating the CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is proposed substitute. ENGINEER may require without subcontracting) The 20 percent requirement CONTRACTOR to furnish additional data about shall be understood to refer to the Work the value of ' the proposed substitute. which totals not less than 20 percent of the Contract Price. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any 6.8.2. If the Supplementary ConditionsBidding proposed "or -equal" or substitute item will be at .Documents require the identity of certain ' CONTRACTOR's expense. Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the 6:7.2. Substitute Construction Methods or principal items of materials or equipment) to be Procedures: If a specific means, method, technique, submitted to OWNER sequence or procedure of construction is shown or date prior to the Effective Date of the Agreement for ' indicated in and expressly .required by the Contract acceptance by OWNER and ENGINEER,—%n" Documents, CONTRACTOR may furnish or utilize a GG: TD GTOD lies subfflitted a 1„thereof substitute means, method, technique, sequence or acGerdame with the gufflemeataFy GeRditv procedure of construction acceptable to ENGINEER. OWNER's or ENGINEER's acceptance (either in ' CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER, in ENGINEER's sole discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that expressly called for by the Contract Documents. any s;.., ^h Subee tFaGte- ,. euppl:e. etlieF person __ The procedure for review by ENGINEER will be ' similar to that provided in subparagraph 6.7.1.2. basis of reasonable objection afteF dU04ffi'eStigRtiGn; 1: 11 a 6.7.3. Engineer's Evaluation: ENGINEER will be y, lWh-inh CONTRACTOR CTO bin t aeeeptable substi"e, the Gent_aet ,z:_.. vAll LL_ allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to sueh substipAien Change Ordef rr r ' paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the will sole judge of acceptability. No "or -equal" or constitute a condition of the Contract requiring the substitute will be ordered, installed or utilized without use of the named subcontractors, suppliers or other ENGINEER's prior written acceptance which will be persons or organization on the Work unless prior evidenced by either a Change Order or an approved written approval is obtained from OWNER and ' Shop Drawing. OWNER may require ENGINEER No acceptance by OWNER or CONTRACTOR to f unish at CONTRACTOR's ENGINEER of any such Subcontractor, Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver surety with respect to any "or�equal" or substitute. of any right of OWNER or ENGINEER to reject ENGINEER will record time required by defective Work. ' ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by 6_9. 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 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby. Whether or, not ENGINEER and organizations perform mg or furnishing any of the accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR, CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is ' OWNER for the charges of ENGINEER and responsible for CONTRACTOR's own acts and ENGINEER's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item. create for the benefit of any such Subcontractor, 6_8. Concerning Subcontractors, Suppliers and Supplier or other person or organization any contractual relationship between OWNER or Others: ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any 6.8.1. CONTRACTOR shall not employ any obligation on the part of OWNER or ENGINEER to Subcontractor, Supplier or other person or organization pay or to see to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ' ENGINEER as indicated in paragraph 6.8.2), whether organization except as may otherwise be required by initially or as a substitute, against whom OWNER or Laws and Regulations. OWNER or ENGINEER may ENGINEER may have reasonable objection. furnish to any subcontractor supplier or other person CONTRACTOR shall not be required to employ any or organization evidence of amounts paid to Subcontractor, Supplier or other person or organization CONTRACTOR in accordance with to furnish or perform any of the Work against whom CONTRACTOR'S "Applications for Payment" CONTRACTOR has reasonable objection. ' EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 13 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) F,i 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. Whenever ariy such agFearrien is with a Subeentraoter or SupplieF who is fisted as a paragraphs 3.6 er 3.7, the agreement between the GGNTP.4CTOR and the gubeeW&wte 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. 14 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in_ obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the 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 incorporated into the project. Said taxes shall not be included in the Contract Price. CONTRACTOR must apply for, and receive a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be physically incorporated into the project. This Certification of Exemption provides that the CONTRACTOR shall neither pay nor include in his Bid. Sales and Use Taxes on those building and construction materials physically incorporated into the project. Address. Colorado Department of Revenue State Capital Annex 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground ' Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. ' 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data ' with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all ' conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement ' between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General ' Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. J 1 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5Application for Exemption Certificate 7. 2. 6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: n/a The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. Section 00520 Page 4 L ' 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 (includiniz 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: 7 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 shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws.and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs; losses and damages arising out of or resulting 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 accumulationsof 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. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY 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 land 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; 620.2. 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 IR I 7 I 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 16 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of H 1 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. CON7R4CTOR's General 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 not in EJCDC 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; 630.2.5. 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 1 anyy 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 OWNERSs 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 (im) CONTRACTOR may make a claim therefor as provided in Articles I I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the am ount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents; CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 18 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) 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 CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. 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 famish 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. OWNERs 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 OWNERSs 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 H r� J 1 1 structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNERS responsibilities in respect ef purchas ..i pa ag; 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 famish the Work in accordance with the Contract Documents. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION OWAER'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: 92. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910.8 (1990 E(ition) 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. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER krill keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEERSs visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of 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 im th� S••o , plem me T Gexrlitieas of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEERSs Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementafy. Gefloitie paragraph 9.3 9.3.1. The Representative's dealings in matters Pertaining to the on -site work will in general be with the ENGINEER and CONTRACTOR Bu the Representative will keep the OWNER properly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR. 9.3.2. Duties and Responsibilities Representative will: 9.3.2.1. Schedules - Review the progress luo 11 0 ' schedule and other by the schedules prepared CONTRACTOR and consult with the ENGINEER concerning acceptability. ' 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as preconstruction 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 ENGINEER'S liaison with CONTRACTOR, working principally ' through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. ' 9.3.2.3.2. Assist in obtainingfrom 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, Rejection 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. 1 L 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies having Iunsdiction over the Project record the results of .these inspections and report to the ENGINEER. 9.3.2.5. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for Z0 E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) modification in Drawings or Specifications and resort these recommendations to ENGINEER Accurately transmit to CONTRACTOR decisions issued by the ENGINEER: 9.3.2.7. Records. 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 progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule _of shop Drawing and sample submittals 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests inspections 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 recommend to ENGINEER Change Orders, Work Directive Changes and field orders 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.2.9. Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to 1 I ' ENGINEER the noting particularly relationship of requirements of the Contract Documents (in the form of the payment requested to the schedule of values Drawings or otherwise) as ENGINEER may determine work completed and materials and equipment necessary, which shall be consistent with the intent of and delivered at the site but not incorporated in the reasonably inferable from the Contract Documents. Such ' Work. written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or 9.3.2.10. Completion. CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price 9.3.2.10.1. Before ENGINEER issues a or the Contract Times and the parties are unable to agree ' Certificate of Substantial Completion, submit to the amount or extent thereof, if any, OWNER or to CONTRACTOR a list of observed items CONTRACTOR may make a written claim therefor as requiring correction or completion. provided in Article 11 or Article 12. 9.3.2.10.2. Conduct final inspection in the Authorized Variations in Mork-: ' company of the ENGINEER OWNER and CONTRACTOR and prepare a final list of 9.5. ENGINEER may authorize minor variations in items to be corrected or completed. the Work from the requirements of the Contract Documents which do not involve an adjustment in the ' 9.3.2.10.3. Observe that all items on the Contract Price or the Contract Times and are compatible final list have been corrected or completed and with the design concept of the completed Project as a make recommendations to ENGINEER functioning whole as indicated by the Contract concerning acceptance. Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on ' 9.3.3. Limitation of Authority: The Representative shall CONTRACTOR who shall perform the Work involved not: promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or 9.3.3.1. Authorize any deviations from the the Contract Times and the parties are unable to agree as Contract Documents or accept any substitute to the amount or extent thereof, OWNER or ' materials or equipment, unless authorized by the CONTRACTOR may make a written claim therefor as ENGINEER provided in Article 11 or 12. 9.33.2. Exceed limitations of ENGINEER'S Rejecting Defective Work - authority as set forth in the Contract Documents 9.3.3.3. Undertake any of the responsibilities 9.6. ENGINEER will have authority to disapprove or of the CONTRACTOR Subcontractors, or reject Work which ENGINEER believes to be defective, CONTRACTOR'S superintendent or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that ' 9.3.3.4. Advise on, or issue directions relative will prejudice the integrity of the design concept of the to, or assume control over any aspect of the completed Project. as a functioning whole as indicated by means, methods, techniques sequences or the Contract Documents. ENGINEER will also have procedures for construction unless such is authority to require special inspection or testing of the specifically called for in the Contract Documents Work as provided in paragraph 13.9, whether of not the Work is fabricated, installed or completed. 9.3.3.5. Advise on or issue directions regarding or assume control over safety Shop Drawings, Change Orders and Payments: precautions and programs in connections with the ' Work. 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 9.3.3.6. Accept Shop Drawings or sample 6.28 inclusive. submittals fromanyone other than the CONTRACTOR 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. ' 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 93.3.8. Participate in specialized field or laboratory tests or inspections conducted by others Determinations for Unit Prices. - ' except as specifically authorized by the ENGINEER. 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by Clarifcations and Interpretations: CONTRACTOR. ENGINEER will review with ' CONTRACTOR the ENGINEER's preliminary 9.4. ENGINEER will issue with reasonable promptness determinations on such matters before rendering a written such written clarifications or interpretations of the decision thereon (by recommendation of an Application ' EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 21 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 11 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 0WNER 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 22 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (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 ptws aRt to Aftic4 6. 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 1 I responsibility set forth in this paragraph 9.1.3 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 11 or Article 12. 10.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and . 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) (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. 10.6. By the execution of a Change Order, a Work Change Directive or Written Agreement, OWNER and CONTRACTOR expressly acknowledge and agree that said Change Order, Work Change Directive or Written Agreement provides for a fair and equitable adjustment in the Contract Price and/or Contract Times for the additions deletions or revisions in the Work as authorized by said Change Order, Work Change Directive or Written Agreement. OWNER and CONTRACTOR further expressly acknowledge and agree that claims for adjustments to the Contract Price and/or Contract Times covered by a Change Order, Work Change Directive or Written Agreement are not valid 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 paragraphs 11.9.1 through 11.9.3, inclusive) 11.3.2. where the Work involved is not covered by 1 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); 1 l .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: ' 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall ' be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation ' superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the ' Work. Payroll costs shall tenet 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 redrement benefits, benuses, siek leave, vaeatien and holiday pay 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 1910-8 (1990 Edition) 24 w/ CITY OF FORT COLLINS MODIFICATIONS (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 Subcontractors Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 1 l .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 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof l 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 7.5. The Contract Documents also include all written amendments ' and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. ' 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS ' 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the ' General Conditions. 8.2. No assignment by a party hereto of any rights under or ' interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent ' (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or ' discharge that assignor from any duty or responsibility under the Contract Document. ' 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in 1 respect to all covenants, Agreement and obligations contained in the Contract Document. Section 00520 Page 5 ' furnishing performance and of the Work (except 11.5.5. Costs due to the negligence of losses and damages within the deductible amounts CONTRACTOR, any Subcontractor, or anyone of property insurance established by OWNER in directly or indirectly employed by any of them or for accordance with paragraph 5.9), provided they whose acts any of them may be liable, including but ' have resulted from causes other than the not limited to, the correction of defective Work, negligence of CONTRACTOR, any disposal of materials or equipment wrongly supplied Subcontractor, or anyone directly or indirectly and making good any damage to property. employed by any of them or for whose acts any of them may be liable. Such losses shall include 11.5.6. Other overhead or general expense costs of ' settlements made with the written consent and any kind and the costs of any item not specifically and approval of OWNER No such losses, damages expressly included in paragraph 11.4. and expenses shall be included in the Cost of the ' Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be or damage requires reconstruction and determined as follows: CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee 11.6.1. a mutually acceptable fixed fee; or proportionate to that stated in paragraph 11.6.2. ' 11.6.2. if a fixed fee is not agreed upon, then a fee 11.4.5.7. The cost of utilities, fuel and sanitary based on the following percentages of the various facilities at the site. portions of the Cost of the Work: 11.4.5.8. Minor expenses such as telegrams, 11.6.2.1. for costs incurred under long distance telephone calls, telephone service at paragraphs 11.4.1 and 11.4.2, the the site, expressage and similar petty cash items in CONTRACTORS fee.shall be fifteen percent; connection with the Work. 11.6.2.2. for costs incurred under 11.4.5.9. Cost of premiums for additional Bonds paragraph 11.4.3, the CONTRACTOR' fee shall ' and insurance required because of changes in the be five percent; Work. 11.5. The term.Cost of the Work shall not include any of 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work ' the following: plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.5.1. Payroll costs and other compensation of 11.6.2 is that the Subcontractor who actually CONTRACTOR's officers, executives, principals (of performs or furnishes the Work, at whatever tier, partnership and sole proprietorships), general managers, will be paid a fee of fifteen percent of the costs ' engineers, architects, estimators, attorneys, auditors, incurred by such Subcontractor under paragraphs accountants, purchasing and contracting agents, 11.4.1 and 11.4.2 and that any higher tier expediters, timekeepers, clerks and other personnel Subcontractor and CONTRACTOR will each be employed by CONTRACTOR whether at the site or in paid a feeof fi e per -Gent of the amount paid CONTRACTOR's principal or a branch office for the next t lower tief S b to be negotiated ' general administration of the Work and not specifically in good faith with the OWNER but not to exceed included in the agreed upon schedule of job five percent of the amount paid to the next lower classifications referred to in paragraph 11.4.1 or tier Subcontractor. specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the 11.6.2.4. no fee shall be payable on the basis ' CONTRACTOR's fee. of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at 11.6.2.5. the amount of credit to be allowed the site. by CONTRACTOR to OWNER for any change ' which results in a net decrease in cost will be the 11.5.3. Any part of CONTRACTOR's capital amount of the actual net decrease in cost plus a expenses, including interest on CONTRACTOR'S deduction in CONTRACTOR's fee by an amount capital employed for the Work and charges against equal to five percent of such net decrease; and CONTRACTOR for delinquent payments. ' 11.6.2.6. when both additions and credits are 1I.5.4. Cost of premiums for all Bonds and for all involved in any one change, the adjustment in insurance whether or not CONTRACTOR is required CONTRACTOR's fee shall be computed on the by the Contract Documents to purchase and maintain basis of the net change in accordance with ' the same (except for the cost of premiums covered by paragraphs 11.6.2.1 through 11.6.2.5, inclusive. subparagraph 11.4.5.9 above). 11.7. Whenever the cost of any Work is to be ' EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 25 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash AUmvances: U.S. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be 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. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work. 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.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; 26 EJCDC GENERAL CONDITIONS 1910-8 (1990 E(ition) w/ CITY 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. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of anv remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12--CHANGE OF 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 claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 of OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in 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 C 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 perform ing 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 feasenable ti�ne-s 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000). 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 thereol) 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 1 I 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 Defeetive 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 ,ear 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 found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28 w/ CITY 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 one year two year after such correction or removal and replacem ent 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's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this 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 expressly 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: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) 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 besi 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 (u) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 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 ENOINEER's opinion, .it would be incorrect to make the representations to M I 1 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 30 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000) 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: () has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.01AINER 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. 1 u 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 (nr) 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize pia orient are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Project manual Final Payment andAceeptanee: 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 ENGIlVEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6 2 of these General Conditions. 14.14. It; 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 teams 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 11 fl F1 u 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 OYYNER 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 1 I 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 paragraph2.9 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 32 EICDC GENERAL CONDITIONS 1910-5 (1990 Edition) w/ CITY 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 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTOR May 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 11 1 11 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 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DIS113UTE 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. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) %v/ CITY 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 urill be made in writing to the other parry 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 Costslncluded• 17.5. 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 apply 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 pasnnents 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 1 1 F� Fl 11, ' 34 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) tv/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1 [J OWNER: CITY OF FORT COLLINS C By: -ems F JAMES 'NEILL II, CPPO, FNIGP DIREC OR OF PURCHASING AND RI MANAGEMENT Date: 0� F .. C�<��'L U Attest: City C1 -. Address for giving n ••,RR'�O P. 0. Box 580 Fort Collins, CO 80522 Approve_d aV j(o Form Assi,/tanT City Attorney Title /Z Date: ��~( }� (CORPORATE SEAL) Attest: Address for giving notices: LICENSE NO.: Section 00520 Page 6 L J 1 (This page left blank intentionally.) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) u fl 1 36 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 1 J 1. 0 0 E EXIIIBIT 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 lay or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, 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 -Al I EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) GC -Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS I I 1 1 1 1 1 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 aDocuments as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-8.10 OWNER's Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. t 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or Section 00800 Page 1 I procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide Ofunctions facilities for under such access so the the Contract Documents. Project Manager may perform his or her 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be O assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of. the Project Manager until the same are reduced to writing. SC-13.12 Correction'Period: 13.12.1 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, an Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions . Add to the Contract the following Federal Requirements: " American Recovery and -Reinvestment Act of 2009" ' Procurement Provisions: This contract is funded by the ''American Recovery and Reinvestment Act of 2009" (ARRA). In compliance with the ARRA contractors and subcontractor ' must adhere to the following provisions: ARRA TITLE XV—ACCOUNTABILITY AND TRANSPARENCY BUY AMERICAN ' SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (a) None of the funds appropriated or otherwise made available by this Act ' may be used for a project for the construction, alteration, Section 00800 Page 3 maintenance, or repair of a public building or public work unless all of The iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that— (1) Applying subsection (a) would be inconsistent with the public interest; (2) Iron, steel, and the relevant manufactured goods are not p produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) Inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall p project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. WAGE RATE REQUIREMENTS SEC. 1606 Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal 'Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 11, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. ECONOMIC STABILIZATION CONTRACTING SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING. (a) ' SHORT TITLE. —This section may be cited as the ``Employ American Workers Act" (b) PROHIBITION.— (1) IN GENERAL. ' —Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or ' section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Yi)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. (2) DEFINED TERM. —In this subsection, the term ''hire'' means to permit a new employee to commence a period of employment. aGENERAL DECISION: CO20100008 06/04/2010 C08 Date: June 4, 2010 General Decision Number: CO21100108 06/04/2010 0 Superseded General Decision Number: CO20080008 State: Colorado Construction Type: Building County: Larimer County in Colorado. BUILDING CONSTRUCTION PROJECTS (does not include residential a construction consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 03/12/2010 1 06/04/2010 ASBE0028-001 07/01/2009 O Rates Fringes Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) .$ 23.54. ---------------------------------------------------------------- 11.13 CARP1001-001 05/01/2009 Rates Fringes CARPENTER (Including Formbuilding and Metal Stud Work) ........ $ 26.60 8.89 CARP2834-001 05/01/2009 Rates Fringes MILLWRIGHT .................. ---------------------------------$ 10.65 ----- ------------------------------ * ELECO068-009 06/01/2010 Rates ELECTRICIAN Fringes (Including Low Voltage Wiring and Installation of Communications Systems, Security Systems, Telephones, and Temperature Controls) ....... $ 32.00 11.83 ---------------------------------------------------------------- ELEV0025-002 O1/Ol/2010 Rates Fringes ' Elevator Constructor .............$ 36.94 20.24 Section 00800 Page 4 FOOTNOTE: a. Employer contributes 80 of basic hourly rate for over 5 years' service and 6% basic hourly rate for 6 months' to 5 years' service as Vacation Pay Credit. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans Day; Thanksgiving Day; Friday after Thanksgiving Day; and Christmas Day. a ---------------------------------------------------------------- IRON0024-001.11/01/2009 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 24.80 9.91 PAIN0930-001 07/01/2009 Rates Fringes D GLAZIER...--.----, .....$ ---------------------------------------------------------------- PLAS0577-001 05/01/2007 27.95 7.10 Rates Fringes 0 Cement Mason/Concrete Finisher ... $ 23.808_25 PLUM0003-001 08/01/2009 ------------- ------- PLUMBER Rates Fringes (Excluding HVAC work) ....... $ ------------------------------------------=--------------------- 33.37 10.45 PLUM0208-001 07/08/2009 Rates Fringes PIPEFITTER , (Including HVAC pipe) ....... $ ---------------------------------------------------------------- SHEE0009-001 07/01/2009 33.30 10.52 Rates Fringes Sheet metal worker (Includes HVAC duct and installation of HVAC systems) ....................$ 30.55 11.67 SUCO2001-015 12/20/2001 Rates Fringes LABORER Common ......................$ ---------------------------------------------------------------- 9.56 2.36 ' WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidental. ' Unlisted classifications needed for work not included within the scope of the classifications listed.may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- Section 00800 Page 5 SECTION 00530 NOTICE TO PROCEED Description of Work: 7158 Photovoltaic System at Northside Aztlan Community Center To. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20 The dates for Substantial Completion and Final Acceptance shall be 20_ and 20 respectively. City of Fort Collins OWNER By. Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20_ CONTRACTOR By: Title. Section 00530 Page I In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. a---------------------------------------------------------------- o WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries O of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 ' The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers ' relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested ' party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Section 00800 Page 6 Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Section 00800 page 7 ' SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM - FORMULA GRANTS 1 TABLE OF CONTENTS 1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 9 ' 2. LOBBYING RESTRICTIONS 9 3. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS 9 ' 4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP 9 5. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS 10 6. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) 10 7. REQUIRED USE OF AMERICAN IRON STEEL AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT ' OF 2009 (MAY 2009) 14 8. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ' ACT (MAY 2009) 17 9. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (NOV 2009) 18 11 ISection 00800 Page 8 1. FEDERAL, STATE, AMID MUNICIPAL REQUIREMENTS You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award. 2. LOBBYING RESTRICTIONS By accepting funds under this 'award, you agree .that none of the funds ' obligated on the award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress ' as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation. 3. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS It is the sense of the Congress that, to the greatest extent practicable, t all equipment and products purchased with funds made available under this award should be American -made. 4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP ' a. You shall immediately notify the DOE of the occurrence of any of the following events: (i) you or your parent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii) your consent to the institution of an involuntary case under the Bankruptcy Act against you or your parent; .(iii) the filing of any similar proceeding for or against you or your parent, or its consent ' to, the dissolution, winding -up or readjustment of your debts, appointment of a receiver, conservator, trustee, or other officer with similar powers over you, under any other applicable state or federal ' law; or (iv) your insolvency due to your inability to pay your debts generally as they become due. b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of an event referenced in paragraph a; (ii) provide the facts surrounding that event; and (iii) provide the impact such event will have on the project being funded by this award. ' c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right to conduct a review of your award to determine your compliance with the required elements of the award ' (including such items as cost share, progress towards technical project objectives, and submission of required reports). If the DOE review determines that there are significant deficiencies or concerns with your performance under the award, DOE reserves the right to impose ' additional requirements, as needed, including (i) change your payment method; or (ii) institute payment controls. ' d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of this financial assistance award by the Contracting Officer. ISection 00800 Page 9 1 5. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any obligation to the recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the recipient's facilities, or (ii) any costs which may be incurred by the recipient in ' connection with the D&D of any of its facilities due to the performance of the work under this Agreement, whether said work was performed prior to or subsequent to the effective date of this Agreement. ' 6. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT.OF 2009 (MAY 2009) ' Preamble The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and create jobs and promote ' economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long- ' term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use ' grant funds in a manner that maximizes job creation and economic benefit. The Recipient shall comply with all terms and conditions in the Recovery ' Act relating generally to governance, accountability, transparency, data collection and resources as specified in Act itself and as discussed below. Recipients should begin planning activities for their first tier ' subrecipients, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and ' -related-guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act. The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided these ' details as they become available. The Recipient must comply with all requirements of the Act. If the recipient believes there is any inconsistency between ARRA requirements and current award terms and ' conditions,' the issues will be referred to the Contracting Officer for reconciliation. ' Definitions For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment ' Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting ISection 00800 Page 10 codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015. Non -Federal employer means any employer with respect to covered funds - the contractor, subcontractor, grantee, or recipient,.as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or with respect to covered funds received by a ' State or local government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not ' mean any department, agency, or other entity of the federal government. Recipient means any entity that receives Recovery Act funds directly from the Federal government (including Recovery Act funds received through ' grant, loan, or contract) other than an individual and includes a State that receives Recovery Act Funds. ' Special Provisions A. Flow Down Requirement Recipients must include these special terms and conditions in any subaward. B. Segregation of Costs Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systemsshould be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. Prohibition on Use of Funds ' None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. C. Access to Records ' With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any ' representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized - ' (1)to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions relation to, the subcontract, subcontract, grant, or subgrant; and Section 00800 Page 11 F� (2)to interview any officer or employee of the. contractor, grantee, subgrantee, or agency regarding such transactions. D. Publication ' An application may contain technical data and other data, including trade secrets and/or privileged or confidential information, which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the ' Notice on each page to which the Notice applies: Notice of Restriction on Disclosure and Use of Data ' The data contained in pages ---- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, ' provided that if this applicant receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant. ' Information about this agreement will be published on the Internet and linked to the website www.recovery.gov , maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case -by -case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code. E. Protecting State and Local Government and Contractor Whistleblowers The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to: ' Prohibition on Reprisals: An employee of any non -Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general,. the Comptroller General, a ' member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct, a court or grant jury, the head of a ' Federal agency, or their representatives information that the employee believes is evidence of: • gross management of an agency contract or grant relating to covered ' funds; • a gross waste of covered funds • a substantial and specific danger to public health or safety related to the implementation or use of covered funds; ' Section 00800 Page 12 ' • an abuse of authority related to the implementation or use of covered funds; or ' • as violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. ' Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non -Federal ' employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: ' • Order the employer to take affirmative action to abate the reprisal. • Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. • Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as 1 determined by the head of a court of competent jurisdiction. Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy, form, or condition of employment, including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires 1 arbitration of a dispute arising out of this section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www. Recovery. gov, for specific requirements of ' this section and prescribed language for the notices.). F. Request for Reimbursement Reserved G. False Claims Act Recipient and sub -recipients shall promptly refer to the DOE or other ' appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a ' criminal or civil violation of laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct involving those funds. 1 ISection 00800 Page 13 ri H. Information in supporting of Recovery Act Report in 1 Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the request of,the Contracting Officer or. designee. I. Availability of Funds Funds appropriated under the Recovery Act and obligated to this award are ' available for reimbursement of costs until September 30, 2015. ' J. Additional Funding Distribution and Assurance of Appropriate Use of Funds Applicable if award is to aState Government or an Agency Certification by Governor - Not later than April 3, 2009, for funds provided to any State or agency thereof by the American Reinvestment and ' Recovery Act of 2009, Pub. L. 111-5, the Governor of the State shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will be used to create jobs and promote economic growth. I Acceptance by State Legislature -- If funds provided to any State in any division of the Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State. Distribution - After adoption of a State legislature's concurrent ' resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public -private entities within the State either by formula or at the State's discretion. ' K. Certifications With respect to funds made available to State or local governments for ' infrastructure investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this award that the - ' infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description of the investment, the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted. 7. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) ' THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK AND THE TOTAL PROJECT VALUE IS ESTIMATED LESS THAN $7,443,000. THIS AWARD TERM ' ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. ISection 00800 Page 14 a. Definitions. As used in this award term and condition-- , (1)Manufactured good means a good brought to the construction site for incorporation into the building or work that has been— (i) Processed into a specific form and shape; or (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. ' (2)Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi -State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways., lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. (3)Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. b. Domestic preference. ' (1)This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111--5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition. (2)This requirement does not apply to the material listed by the Federal Government as follows: None [Award official to list applicable excepted materials or indicate ' "none"] (3)The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that-- (i)The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable.. The cost of domestic iron, steel, or ' manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii)The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably ' available quantities and of a satisfactory quality; or (iii)The application of the,restriction of section 1605 of the ' Recovery Act would be inconsistent with the public interest. 1 Section 00800 Page 15