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HomeMy WebLinkAbout398103 B & W GLASS INC - CONTRACT - BID - 7198 WINDOW REPLACEMENT AT CITY HALL1. 1 City of Fort Collins Purchasing 1 1 Financial Services Purchasing Division 215 N. Mason St. 2ntl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing 1 SPECIFICATIONS 1 AND ' CONTRACT DOCUMENTS FOR 1 Window replacement 1 At City Hall BID NO. 7198 1 1 1 1 1 ' PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS February 3, 2011 — 3:00 P.M. (OUR CLOCK) 1 1 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Rev10/20/07 Section 00100 Page 1 determined pursuant to paragraphs I l.d and 11.5. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGl1iIEER an itemzed cost breakdown together with supporting data. Cash : illawances: I I.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. CONTR.A&OR agrees that: I LS.I. 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 tar 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 b: valid. Prior to firial 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 Prig: shall be correspondingly adjusted. 11.9. Unit Price Warfc 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 estimaad quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining tin initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGrNEL•R in accordance with para_1ph 9.10. 11.9.2. Each trait price will b� deemed to include an amount considered by CONTRACTOR to be adequate to cover CO\ rR-At'TOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACT(-')R may make a claim for an adjustment in the Contract Price in accordance with Article I I if: 11.9.3.1. the quantity of any item of Unit Rice Work performed by CONTRACTOR differs materially and significantly front the estimated quantity of such item indicated in the Agreement =6 EXE)C OESEaUL CONDIIlONS 1910S (1990 Editim) tvf C1lY OF FORT COLLI NS MODIFICATIONS (REV V2000) and 1I.9.3.2. there is no corresponding adjustment with respect to any other item of Work: and 119.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expmsc 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 laid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE. 12—CHt1tNGE OFCON-r R.AC'r'rim F.s 12.1. The Contract Timers (or \1ilston�s) may only be changed by a Charge 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 ranking the claim to the other party and to INGINF.F.R promptly (hut 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 Mae 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 occurrenceof said evcm.:VI claims for adjustment in the Contract Times (or ivfilestones) shall be determined by FNGINEF.R in accordance with paragraph 9.1 I it' OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or .Milestones) will be valid it' not submitted in accvrdanee with the requirements of this paragraph 12.1. L?. At time limits stated in the Contract Documents are of the essence of the Agreement. 123. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or \rfilestones) clue to delay beyond the control of CONTRACTOR. the Contract Tines (or Nfilestmes) will be extended in an amount equal to time lot 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, furs, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and I I I I C I n 11 i I I I I I I I I within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. I2.4. 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 Tunes (or Nfilestones) 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 6) delays caused by or within the control of the CONTRACTOR or (ii) delays beyond the control of both parties including but not limited to, tires, floods. epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TINTS AND LNSPECT'IONS; CORRECTION, RKNIOV,\L OR ACCEff.-ONCE OF DEFECTIVE WORK 13.1. \`once of Defects: Prompt notice of all <kfecrivu Work of which OWNER or FNGINF.F.R have actual knowledge will be given to CONMACTOR :VI defective Work may be rejected, corrected or accepted as provided in this Article 13. Accessto [fork: 13.2. O\\,NtTiR ENGNEER ONGNEER's Consultants, other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonnable—times 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 progranas so that they may comply therewith as applicable. Tests anti ln.spections 13.3. CONTRACTOR shall give E T;F;`IEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing per. nnel to facilitate required inspections or tests. 13.4. OWNrER shall employ and pay for the services of sm independent testing laboratory to perform all inspections, tests, or approvals require(] by the Contnacl 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 CONDITIO`4 191" (19'N7 E(htim) ace CITY or FORT COLLIM MODlrlCATIOvs (REV aeoaa) below shall be paid as provided in said paragraph 13.9, and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGI-Ni 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 EiNGINE ER'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 F.NGLNE:FiR, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CON'PRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the satire and ENGINFER has not acted with reasonable promptness in response to such notice. thicavering Work: 13.8. If any Work is covered contrary to the written request of 1NGNEER, it must, if requested by ENGINEER, be uncovered for ENGNEER's observation and replaced at CON fRACTORs expense 13.9. If F.NGIN ER considers it necessary or advisable that covered Work be observed by ENGLNEER or inspected or tested by others, CONTRACTOR at ENGNEFR's request, shall uncover, exlvse or othenvise make available for observation, inspection or testing is 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 ekfec•1n•e, CUi`TfRACTOR shall pay all claims, costs. Ides and damages caused by, arising out of or resulting from such unocverim, 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 OWNT-R shall be entitled to an appropriate decrease in the Contract Price, arid. if the parties are unable to agree as to the amount thereo( may make a claim therefor as provided in .Article 11. If, however. such Work is not found to be n4 f,cthr, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Nlil,� tones), or both, directly attributable to such ?7 I uncovering. exposure, observation, inspection. testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof. CO, TCRACTOR may make a claim therefor as provided in Articles I l and 12. OWNER May Stop fire Work: 13,10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective @nrk• 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed either correct all dr(active Work, whether or not fabricated, instilled or completed or, if the Work has been rejected by ElIGINFER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, casts, lasses and damages mused by or resulting from such correction or removal (including but not limited to all casts of repair or replacement of work of others). 13.12. Correction Period, 13.12.1. If within one y nir 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, env l4'ork is found to be defective, CONTRACTOR shall promptly, without cost W to ONER and in accordance with OWNER's written instructions: (i) correct such ek(eetive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not &fective, 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 [he 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 Wort- removed and replaced and all claims, costs, losses and damages caused by or resuhn, from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRA( TOR 13. 123. 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 GENER-1L CONDITION'S I910S (1990 E66,11) 23 wICITY OF FOR r COLLINSb[oDIPrcA'r10NS(REV4P000) 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-ytm two vears after such correction or removal and replacement has been satisfactorily completed Acceptance of Defective (pork: 13.13. II: instead of requiring correction or removal and replacement of defective Work, OWNER (and prior to ENGINEER's recommendation of final payment, also EN(i[NFFR) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNEWs evaluation of and determination to accept such defective Work (such costa to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to 6NGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary rcvLSioncin the Contract Documents with respect to the Work: and OWNER shall be entitled to an nppropriate 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. OIPNER 3(np Correct Defective /fork: 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 13.1 I, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CO\TTR\CTOR 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 skull proceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR trom 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 toots, 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 ENGMER and L-\, G13\rEER's Consultants access to the site to enable OWNER to exercise the rights and remedies trader 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 arc tunable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims, cosK losses and 0 I I [1 1 r 11 d 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 CO, IMACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in pertormance of the Work attributable to the exercise by OW'i M of OWNER's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONT2ACTOR r4ND 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. .-lpplicarion for Peogrety Pa Ppnenl. 14.2. At least terra• days �.eforc the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to LNG(`iIEER for review sinApplication for Payment tilled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation is is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in de Work but delivered and suitably stored at the site or at another location agreed to in tenting, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting than OWNER has received the materials and equipment tree and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OIVNER'S interest therein, all of which will be satistactory to OWNER. The amount of reminage with respect to progress payments will be as stipulated to the :\grcement. Any funds that are withheld by the OWNER shall not be subject to substitution by die CONTRACTOR with securities or any arraneements involvina an escrow or custodianship. Dv exeeutmq the application for Y. Nment form the CONTRACTOR eexnrossIv waives his rielit to theto the benefits of Colorado Revised Statutes, Section 2 91-I et scu. CONTR4CTOR's R'imrranQv 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 Gee and clear of all Liens. Reviery of.-Applicationsfor Progre Paynment- 14.4. ENGINEER will. within ten days alter receipt of each Application for Payment, either indicate in writing a EJCDCGENERAL CONDITIONS 191"(1990 Wimp cat CITY OF FORT COLLINS MODIF1CA'r1ONS (REV V-000) recommendation of payment and present the Application to O\\TIER, or return the Application to CONTRACTOR indicating in writing ENGENEER's reasons Cor refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days atter prese-mation of the Application for Payment to MNER 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. ENGINEEMs 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'& review of the :Application for f'ayment and the accompanying data and schedules that to the bast of ENGINF.ER:s knowledge, information and belief. 14J.1, the Work has progressed to the point indicated, 14.52. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a 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.I0, and to any other qualifications stated in the recommendation), and 14.5.3. die conditions precedent to CONTRACTOR'.s being entitled to such payment appear to have been fulfilled insofar as it is ENG4NEER's responsibility to observe the Work. However, by recommending any such Payment ENGINEER will not thereby be deemed to have represented that: @ exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities speeiftcall-y assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the Partie' 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 linal payment, shall not mean that ENGINEER is responsible for COAtTRACTOR's means, methods techniques, sequences or procedures of comtruction or the s Cety precautionS and programs incident thereto, or Cor 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 fi\GLNEER's opinion it would be incorrect to make the representations to 29 I OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of sttbsequently discovered cvidencc 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 &,fective 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 152.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGWFER because: 14.7.5. claims have been mad, against OWNER on account of CONTRACI'OR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has deliverer) 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- offagainst the amount recommended, or 14.TS. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.73 or paragraphs 15.2.1 through 152.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) siting the reasons for such action and promptly pray CONTRr\CTOR 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: 14.5. When CONTRACTOR considers the entire Work readv for its intended use CONTRACTOR shall notift• OWNER and ENG N"EER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that LIGRNEER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Nark 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 EJCDC GENE LAL CONDITIONS 1910-3 (1990 EJatim) 30 air CITY OF FORT COLLINSMODIFICATIONS(REV •r0000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the dale 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, ENGCNi MR will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. after consideration of OWINER's objections, ENGINEER considers the Work substantially complete, ENGCE.ER will within said Courteen days execute and &liver to OWNER and CONTRACTOR a definitive certificat, 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 FNGINEER 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, hear, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so infomt FNGINFER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINE ER's aforesaid recommendrtion will be binding on OWNER and CONTRACTOR until final p:aymcnt 14.9. OWNER shrill have the right to exclude CONTRACTOR front the Wort: arts 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% option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii)OWWtR. LNGL EER and CONTPACTOR aeree constitutes a sepamtely functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONiTR-4CTOR's performance of the remainder of the Work. may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.I0.I.OWNTR at any time may request CONTRACTOR in writing to permit OWNER to use any such par of the Work which OWNER believes to be ready for its intended use and substantially wmpiete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certifv to OWNER and ENG aMER 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. I I I I I I I I CONTRACTOR at any time may notify OWNER and ENGR,M-ER in writing that CONTRACTOR considers any such part of the Mork ready for its intended use and substantially complete and request 1 O ,VEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER. CONTRACTOR and FrNGINEER shall make an inspection of that port of the Work to determine its status of completion If LNGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify WINTER and CONTRACTOR in writimg giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.3 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 thercofand 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 3.13 in respect of property insurance. final Inspection: 14.11. Upon written notice from CONTRACTOR that the enure 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. CON"I'RAC'I'OR shall immediately take such measures as are necessary to complete such work or remedy such deticiencics. Final Application for ParntenC 14.12. After CONTRACTOR has completed all such corrections to the m6sfaction of ENG WEER and delivered in accordance with the Contract Documents all maintenance mid operating instructions, schedules, warantees. Bonds, certificates or other evidence of insumnec required by paragraph5.4, certificates of inspection, marked -up record document.: (as provided in paragmph 6.19) and other documents. CONTRACTOR may make application for find payment tblldwing 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 riot limited to the evidence of insumnee required by subpaagraph S.4.13. (ii) consent of the surely, if any. to final payment. and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work In lieu of such releases or waivers of Licru and as approved by OWNER, CONTILACrOR 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 ExecOENEIULCONDI' NS191os(199aEdie,+u w'/ C11Y OF FORT COLLINS ]IODIF ICA'rIONS (1(E4' aRooa) to famish 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 suretv to finalize payment are to be submitted on Corals conforming to the format of the OWNER'S standard forms bound in the Protect manual. Feral Payment mid. I ccephmce: 14.13. If, on the basis of ENGINEFR's observation of the Work during construction and final inspection, and F.NGINFER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, RNGINEER is satisfied that the Work has been completed and COtN'rRACTOR's other obligations under the Contract Documents have been fulfilled, FNGINEER will, within ten days after receipt of the final Application for Payment. indicate in writing ENGINF.,EWs recommendation of pnment and present the Application to OWNER for payment. At the sane time FNGINF.FR will also give written notice to OWNER and CONTRACTOR that die Work is acceptable subject to the provisions of paragraph 14.15. Otherwise. ENGINEF,R will rcmm the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTR-ACTOR shall make the necessary corrections; and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documenmtion, in approlinme form and substance and with ENGINFER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will Ix: paid by OWNER to CONTRACTOR subicct to naragmnh 116.2 of these Qenemj QQndiriotis. 14.14. IC through no fault of CONTRACTOR- final completion or the Work is sitztificantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTR:\CTOR's final Application for Paymnent and recommendation of ENGNEER, 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 bc7 held by OWNER for Work not fully completed or corrmted is less than the relainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 3.1. the written consent of the surety to the pavment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CO\TRACTOR to ENGMER with the Application far such payment. Such payment shall be made under the terms and conditions governing final payment. except that it shall not constitute a waiver of claims. Waiver of Claims: 14.13. The making and aoeepuan:e of final paymentwill constitute: 14.Li.I.a waiver of all claims by OW'NFR against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 I final inspection pursuant to pamgaph 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 14.152.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE I5--SUSPE\SION OF WORK AND OWNER :1favSuspend 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 clays by notice in writing to CONTRACTOR and ENGINEER which will tie the dace on which Work will be resumed. CONTRACTOR. shall resume the Work on the date so fixed CONrriz--ACTOR shall be allowed an adjustment in the Contract Price or an c;Ntension of the Contract Times, or both, dircctly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I and 11 OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15_2.I. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph?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 havingjurisdiction; 152.3. if CONTRACTOR disregards the authority of ENGL\IEER; 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 :my) seven days' written notice and to the extern permitted by Laws and Re•=ulations, terminate the services of CONT RACTOR exclude CONTRACTOR rrom the site and take possession of the Workand of all CONTRAC'TOR's tools• appliances, construction equipment and machinery at thesite 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 EJCUC GENERAL CONUITIONS 191 M (1990 EcLtim ) 3= a'l CTrY OF FORT COLLINSMOUIFI CA'r10NS(REV J f1000j CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem e:\Tedient. In such rase 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. cost.-, losses and damages sustained by' OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACrOR. Ifsuch claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims. carts. losses and damages incurred by OWNT;R will be reviewed by ENGINEER as to their « asonableness and when so approved by ENGINEER incorporated in a Charge Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the low•cst price for the Work performed. I5.3. Wherc 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 OWNI MR. elect to terminate the :Agreement. In such case, CONTRACTOR shall he 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 or termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2for 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 exlcnsas; 15.43. for all claims, costs. losses and damages incurred in settlement of terminated contracts with Subcontractors. Suppliers and others; and 15.4.4. for reasonable c\penscs directly attributable to termination. CONTRACTOR shall not be paid on account of kss of anticipated profits or revenue or other economic loss arising out or or resulting from such termination_ CONTRACTOR ,trap Stop 11,ork or Terneinare: 15.5. If, throuJm no act or fault of CON'rRACI'OR. the Work is suspeneled 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 CON'rRAC,TOR any r I I I C I� I I u r I suns finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and E GINEER, and provided OWN- M 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 ramgmph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if FNGLNEGR 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 O1VNF'R and FNGINFFR stop the Work until payanent of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragraph 13.3 are not intended to preclude CONTRACTOR from making claim under Articles l I and 12 for an increase in Contract Price or Contract 'rimes or otherwise for expenses or damage directly attributable to CONCR.AC7rOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE: RESOLUr10N 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 CiC-A, "Dispute Resolution Agreement", to he 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 reragraph19.10, 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 Regulatiotsin respect of any dispute. ARTICLE• t7,%MCELLANEOUS Giving Narice: 17.1. Whenever any provision of the Contract Documents requires the givim_ of written notice, it will be deemed to have been validly given if delivered in person to the indiv idual or to a member of the tine, 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. EXEC GENERAL CONDr110NS 19103 (1990 Edtica) a'l QTY OF FORT COLLINS \1GD1FICd'[IONS ptEy,lc000j 1 T22. A calendar day of evenly -four hours measured from midnight to the next midnight will constitute a clay. Notice ofClaint: 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 partys employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other pain within a reasonable time of the firs 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 rcposc.C-rmtuladve 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 anrrnnties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16. 6.30, 6.31, 6.32, 1 i 1, 13.12, 13.14, 14.3 and 13.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to Ix; 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 Decuments, 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. Nrofetmional P iev and Court Covis tnclud e,& 175. Whenever reference is made to "claims• costs, losses and damages", it shall include in each case, but not be limited to, all tees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The Imes of the State of Colorado apply to this Agreement. Reference to two pertinent Colorado statutes areas follows 17.6.1. Colorado Revised Statutes (CRS 5-17-101) require that Colorado labor be era loved to perform the Work to the extent of not less than SO percent (50%1 ol'each tyne or class of labor in the several classifications of skilled and common labor emploved on the proiect. Colorado labor means any Nrson who is a bona tide resident or the State of Colorado at the time of employmen4 without discrimination as to rice, color, creed, tux relicion or sex. 17.62. If a claim is filed OWNER is required by law (CRS 35-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the patamtent of Al claims for labor, materials, team hire. sustenance, provisions- provender, or other supplies used or consumed by CONTRACTOR or his 33 I E oc OEXERAL CONDITIONS I9I0s (1990 L'Jiliai) 34 %vi CTIY OF FOR TCOLLI\S.%IODII9OA'FIONS(RHV,W0il0) I I I G [1 p J (This page left blank- intcntianally.) I I t E1CDC OENE&% CONIXTION519105 (1990 E(litim) u'! CITY OF FORT COLLI W \IODIFICATIO\5 (REV •IQ000) I 3> I Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for (9) any other circumstances the use of the subject of the which will affect the bidder's contract, and performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to ' familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or ' discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. ' 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has 'complied with every requirement ' of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 1 Rev10/20/07 Section 00100 Page 2 EXOCOENERAL CONDITIONS 191M (1990 E5lial) 36 o'/q'fY OF FORT COLLINSMODIFICATIONS(REV .Ii?000) Fill I I I I 11 I i I I 11 7-1 Ll I LJ I EXHMIT GC -A to General Conditions of the Construction Contract Behveen OWNER and CONTRACTOR DISPUTE RESOLUTION AGREE<tEYT 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 panics: 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 hrvingjurisdiction. 16. 2. No demand for arbitration of any claim, dispute or other matter that is required to be rcfarred to ENGNEL•R initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENG bNF.F,R 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 IN. -Core that date. No demand Cur 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 clays period will result in ENGMER's decision being final and binding upon OWN,rER and CONTRACTOR If FINGLNEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of anv written decision of GNGCNEE•R rcrnlered in accordance with paragraph 9JO will be made later than ten days after the party making such demand hits delivered written notice of intention to appeal as provided in parataph 9.10. 16.3. Notice or the demand for arbitration will be tiled in writing with the other party to the Agreement and with the American Arbitration Awcciation. and a copy will be sent to ENGWEER for information The demand for arbitration will be made within the thirty day or ten-day period specified in paragraph 162 as applicable, and in all other cases within a reasonable 6me after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made alter the date when institution of legal or equitable proceedings based on such claim, dispute or other matter to question would IN: barred by ale applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910-5 (1990 Etlitim) tr/ CITY OF FORT COLLI NS 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, EN'GINEER's Consultant and the officers, directors, agents, employees or consulmnLc 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 anion-, those who are already parties to the arbitration, and 16.4.such other person or entity is substantially involve2. d 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 CON'rRACfOR has been obtained for such inclusion, which consent shall make specific reference to this pamgmph; 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 OWKFR 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 hwolving 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 Ix subject to modification or appeal. 16.7. OWNER and CONTRACTOR asec that they shall fast submit any and all urscltled 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 ptraeraphs 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 tine 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 unlu� s otherwise agreed. GC -At J F1CDC GF\F.RAL CONDITIONS 19105 (1990 F,i6liail w/ CITI' OF FORT COLLINS MODIFICATIONS (REV 9J9,11 i 1 SE t t i I i 1 I 11 I I I I t 1 I t SECTION 00800 SUPPLEMENTARY CONDITIONS I SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-17.6.1 Delete the complete section. Rev 10/20/07 Section 00800 Page 1 ' I 11 I 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment I P I I IRev 10/20/07 i SECTION 00950 CHANGE ORDER NO. PROJECT TITLE:Window Replacement at City Hall CONTRACTOR: B&W Glass, Inc. PROJECT NUMBER:7198 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: Rev10/20/07 Section 00950 Page 1 mom mmmmm�= Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Rev10/20/07 Section 00960 Page 1 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 Section 00960 Page 2 wo= M M MI= s' M i M= M w M= W i w w m s m M M w IMw 4 MIM M s m� r M MIM CHANGE ORDERS Bid Item Unit Number Description Quantity Units Price Amount APPLICATION FOR PAYMENT Work Work Work Completed Completed Completed This Previous To Month Periods Date Qty. Amount Qty. Amount Qty. Amount Stored Materials This Period PAGE 3 OF 4 Total Earned Percent To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 Section 00960 Page 3 5.0 INTERPRETATIONS AND ADDENDA. ' 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The. Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. Rev 10/20/07 Section 00100 Page 3 Section 00960 Page 4 M r M W a. Mae M m M m m m m no M r w v Window Replacement at City Hall Specifications PART 1 GENERAL: CONTRACTOR REQUIREMENTS Contractor must: • Have minimum of 5 years experience in like work and size demonstrated by 5 references completed in the last 7 years and provided with bid documents. • Be in business with the same business name a minimum of 5 years. • Substantial Completion will be defined as all 152 window frames and glass removed and replaced with new window frames and glass. Window frames and glass to be weather tight. • Final Completion will be defined as all City of Fort Collins punch -list items completed and trash removed. 1.1 GENERAL NOTES: A. Contractor to provide all material and labor for the work. B. Contractor to follow all current building standards and codes where applicable. 1. Provide tempered glass where required, etc. C. 152 windows to be replaced. D. Window configuration to match existing non -operable windows. This includes 2 operable escape windows that will be installed on second Floor to match existing. E. Remove and haul away existing windows. It is the City of Fort Collins desire to have all aluminum and glass recycled when possible. F. All window frames, interior & exterior extruded aluminum mullion covers must be color matched to existing window frames. G. Use DOW 791 (or equivalent) Sealant and closed cell backer rod to install new windows. H. Use color matching sealant to caulk all vertical jambs to all interior and exterior break metal mullions. I. New windows to be shimmed and fastened to existing building structure. J. There shall be no direct contact of conductive materials from inside to out. Provide thermal breaks by: I. Wrapping exterior sides of steel mullions with W Thermax or equivalent, between the mullions and the metal trim covers. K. Contractor to remove and re -install all existing interior oak trim. L. All work to be done on Saturdays and Sundays or after 5 pm. Please provide a schedule, for the work to be done, for Owner approval. M. The building will not have more the 6 windows removed at any one time- N. Contractor to provide lift to be used on exterior for the second story work. Any landscaping damaged by lift will be repaired at contractor's expense. O. Contractor to provide roll off trash and recycling dumpsters. P. Contractor to buck all openings with treated lumber for installation of the new windows. Q. Contractor to clean work area daily. R. Contractor to match existing interior solid window panels. 1.2 WINDOW SPECIFICATIONS OVERVIEW (see product specifications below) A. All windows will have fiberglass frames fastened by standard anchors through the jamb (Block Frame installation). B. All windows will have high performance glazing using Cardinal LoE3 - 36e with Argon gas. C. All windows will have'/4" Thermax foam insulation board between the structural steel mullions and the exterior extruded aluminum covers. 1.3 REFERENCES A. American Society for Testing and Materials (ASTM): 1. E 283: Standard Test Method for Rate of Air Leakage Through Exterior Windows, Curtain Walls, and Doors. 2. E 330: Standard Test Method for Structural Performance of Exterior Windows, Curtains Walls, and Doors by Uniform Static Air Pressure Difference, 3. E 547: Standard Test Method for Water Penetration of Exterior Windows, Curtain Walls, and Doors by Cyclic Static Air Pressure Differential. 4. E 774: Specification for Sealed Insulated Glass Units. I 5. C 1036: Standard Specification for Flat Glass. B. Sealed Insulating Glass Manufactures Association / Insulating Glass Certification Council (SIGMA / IGCC). C. American Architectural Manufacturers Association / Window and Door Manufacturers Association (AAMA / WDMA): 1. ANSI/AAMA/NWWDA 101 / I.S.2-97: Voluntary Specifications for Aluminum, Vinyl (PVC) and Wood Windows and Glass Doors. 2. 101/I.S. 2/NAFS-02: Voluntary Performance Specification for Windows, Skylights and Glass Doors. D. Window and Door Manufacturers Association (WDMA): Hallmark Certification Program. 1 E. American Architectural Manufacturers Association (AAMA): 613: Voluntary Performance Requirements and Test Procedures for Organic Coatings on Plastic Profiles. F. National Fenestration Rating Council (NFRC): 101: Procedure for Determining Fenestration Product Thermal Properties. 1.4 SYSTEM DESCRIPTION ' A. Design and Performance Requirements: 1. Window units shall be designed to comply with ANSI / AAMA / NWWDA 101 / I.S.2-97 and 101 / I.S. 2/ NAFS-02 2. Air leakage shall not exceed the following when tested at 1.57 according to ASTM E 283: 0.3 cfm per square foot of frame. 3. No water penetration shall occur when units are tested at the following pressure according to ASTM E 547: F- LC50. 4. Units shall be designed to comply with ASTM E330 for structural performance when tested at the following ' pressures: 50 psf 1.5 SUBMITTALS A. Samples: ' 1. The Top 3 qualified vendors shall install a mock-up window using the methods and materials proposed, including glazing system, quality of construction, and specified finish. 2. Quality Control Submittals: Submit manufacturer's certifications indicating compliance with specified performance and design requirements under provisions of Section 01 33 23. 1.6 QUALITY ASSURANCE A. Quality assurance will be determined by a combination of City of Fort Collins staff including Operation Services, Utilities, and Building Inspection. 1.7 DELIVERY A. Deliver in original packaging and protect from weather. 1.8 STORAGE AND HANDLING A. Store window units in an upright position in a clean and dry storage area above ground and protect from weather. Contractor to store windows in a secure facility under their control. 1.9 WARRANTY A. Windows shall be warranted to be free from defects in manufacturing, materials, and workmanship for a period of ten (10) years from purchase date. B. Window glass shall be warranted to be free from defects in manufacturing, materials and workmanship for period of twenty (20) years from the purchase date. C. Window frame exterior finish shall be warranted free from color fading for a period of ten (10) years from purchase date. PART 2 PRODUCTS 2.1 MANUFACTURED UNITS 2.2 FRAME DESCRIPTION A. Frame: Pultruded reinforced fiberglass (0.065 — 0.070 inch (2 mm) thick. 2.3 GLAZING I I A. Select quality complying with ASTM C 1036. Insulating glass SIGMA/IGCC certified to performance level CBA when tested in accordance with ASTM E 774. B. Glass type: LoE3 - 3660 with Argon gas. C. Glazing seal: Silicone bedding at exterior and interior. 1 2.4 FINISH A. Factory baked on acrylic urethane. B. Frame Color: Bronze exterior with bronze interior C. Exterior and interior extruded aluminum trim must match the new window frames and the existing window's bronze color as closely as possible. PART 3 EXECUTION ' 3.1 EXAMINATION A. Verification of Conditions: Before Installation, verify openings are plumb, square, and of proper dimension as required 1 in Section 01 71 00. Report frame defects or unsuitable conditions to the General Contractor before proceeding. B. Acceptance of Conditions: Beginning of installation confirms acceptance of existing conditions. 3.2 INSTALLATION 1 A. Assemble and install window unit according to manufacturer's instructions and reviewed shop drawings. B. Install sealant and related backing materials at perimeter of unit or assembly in accordance with Section 07 92 00 Joint Sealants. Do not use expansive foam sealant. C. Install extruded aluminum mullion cover trim as required. 3.3 CLEANING A. Remove visible labels and adhesive residue according to manufacturer's instructions. B. Leave windows and glass in a clean condition. Final cleaning as required. 1 3.4 PROTECTING INSTALLED CONSTRUCTION A. Protect windows from damage by chemicals, solvents, paint, or other construction operations that may cause damage. ' END OF SECTION 1 1 1 f 1 1 m= m m= m= m s m m = == m = = m tt w I _ c ._. 1iYq:r��fi�.lC"" ,• _. C '•Y ` C ,n • I , I ' � � �' _ � � r - 3'.,.,.�,.- � ,,,. � d �: , � � j�', � amp �, •J —_ � ` d-i __ - f.>y_ 'icr — w :�-�;�'fi`. r�'..I r •. .e ..`P .,.... M y/.;� �,�_: - _ ; '� `z_> ? j. �I f lZ /i q xy t� w e. f4 J{ y Vq. yl_m % h /fir 5,3 � ., H .I wa. T. T-r—I I L: --- r PM W.f. �� 7 Trvm rvwm CT at A13 Tyri6AL- m No MM nz f ;.q. -s- a..1 ln..wwt�- \ .r 'n _c-.re e. '.�.q —� -F.� w.w.:M m. � �° : rT I$j `:- O E O O O .) w� (' O co O (J 6J 0 0 0 J 0 v) a) p O i ±. ❑ 0 0 011 © E G G O E O E O O 11 W _ IJ f�- , J_I -- ---- C J - I _l .. a V. d 1n: �OWTH C-LEVPTIon1 s...::: Yt Tr T — c a ey�tlsc+ba� +� O> @) J tJ O .r O E O O tJ �T O yL- / JJ E�VaT LION Yb �� d I I C.C`" _ _ _— .•i�v 4 E O Q r k l'l ,. T .w:. w n a3 17 rl _ A us4im ­. sy«""� II "I'I'—' eve« w.s—rrw..uc ---I�.- I�'4 1 =:oJTHsna7.. 'CLEv?TION G Cni awl . �..�, rr.. '/br'^f (.. I ,u M1! s NSLI I 5GN M 1 LPT�O PGN��. EOJLE SGKI TIOI¢EMPWK5C Mw s IA in !wane r.sruy � wru sy�TBH � IM1� w/ � S inb w f+�k oJi.M1 �n /wYG 4wniiuJ W. !t rip 44, v' J �n - C. aJ rJ O G A /�x'_�• , - -:J ........ ...... ...... 'Ib 'IV AND ?.,i '-EV--- 1.0 Z", 42 A-411 1 t 1 1 0 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. Rev 10/20/07 Section 00100 Page 4 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with Rev10/20/07 Section 00100 Page 5 the notation "BID ENCLOSED" on the face of it. ' 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. ' 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the ' place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. ' 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. ' 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud ' publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the ' Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. ' 17.0 AWARD OF CONTRACT, 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, ' to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if Rev10/20/07 Section 00100 Page 6 OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. Rev10/20/07 Section 00100 Page 7 ' 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be ' accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with ' appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasingrestrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and ' Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 ' requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. ' 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or ' sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. ' 24.0 BID RESULTS. For information regarding results for individual Bids send a self- ' addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 1 Rev10/20/07 Section 00100 Page 8 I SECTION 00300 BID FORM 1 I 1 1 Section 00430 Page 1 1 i 1 1 1 1 1 1 1 11 1 [1 1 1 [1 PROJECT: Window Replacement Nt City Hall Bid 7198 SECTION 00300 BID FORM Place Date 2-3-2011 1. In compliance with your Invitation to Bid dated January 12, 2011and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint venture, or Sole Proprietor) authorized to do business in the State bf Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this Proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, ail of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of Seven Thousand Four Hundred Nine and 50/100 ($ 7,409.50 ) in accordance with the Invitation To aid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder Proposes to furnish the specified performance and follows: Travelers Casualty Insurance, P.O. Boxp947 ayme�t 82003 Cheyenne, wY 5• All the various their phases of Work enumerated in the Contract Documents with Phases jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed he the CONTRACTOR under one of the items listed by in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedules subject to changes as provided Bid Schedule Or in the Contract Documents. 7• The undersigned Bidder _through 2 hereby acknowledges receipt of Addenda No h 1 Rev 1020/07 1 Section 00300 Page 1 1 City of Fort Collins 7 Purchasing ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 7198: Window Replacement at City Hall OPENING DATE: 3:00 P.M. (Our Clock) February 3, 2011 Financial Services Purchasing Division 215 N. Mason St. 2n0 Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 rcgo v. com/purch a sing To all prospective bidders under the specifications and contract documents described above, the following additions are hereby made. Additions and Changes: 1. The quantity of existing windows to be replaced has been changed from 152 to 147. The break down is as follows: a. The total number of windows to be replaced is now 147. b. 5 of the 147 windows will be opaque, per existing conditions. i. 2 located at East wall, south entrance to building ii. 2 located at West wall, next to stair well iii. 1 located at North wall, middle of building c. 2 of the 147 windows will be operable, per existing conditions. Both windows are located on the North wall of the building. 2. After further review of the existing oak trim, it appears that currently there is a aluminum piece around the aluminum frames of the existing windows that the oak trim is fastened to. This aluminum piece will be removed. The City of Fort Collins does not want the old oak trim being re -fastened to the new fiberglass window frames. Wood bucks will need to be installed on the top and bottom of all new windows for the oak trim to be refastened to. The buck will be pressure treated, not exceed 3/4' in thickness. Please contact John D. Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. where renewal IS a way of life i i 8. BID FORM 1 A. Cost for the windows only. $ 57,731.40 B. Cost for the remaining materials/overhead, etc. $_ 42,798.60 C. Cost for labor only. D. BASE BID TOTAL: A+B+C= $143,190.00 IN WORDS One Hundred FortyThree Thousand One Hundred Ninty Dollars & no/100 9. PRICES 1 The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete work in place of the several kinds called for. 1 Bidder acknowledges that the OWNER has the right to delete items in the Bid or change gdantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: 1 B & W Glass CONTRACTOR -,Inc. BY: Dou Ludtke 1 2-3-2011 Signa- re Date ecretary/Treasurer Title CT-12-02065 , License Number (If Applicable) (Seal - if Bid is by corporation) 1 Attest: Rev1020107 Section 00300 Paoe 2 J 1 1 u I I 1 1 I I I Address 2200 East 15th Street Cheyenne, WY 82001 Telephone 307-634-4331 Email ludtkedmbresnan.net ' RevIM0/07 Section 00300 Page 3 [I r B & W GLASS, INC 2200 E. k7TH ST. CHEYLNNI WY 82001 PHONE: 307-634-4331 PROPOSAL AND CONTRACT To: CITY OF FORT COLLINS PURCHASING EAx: 307 634-1294 WE PROPOSE TO FURNISH METERIAL ACCORDING TO PLANS AND SPECIFICATIONS, EXPECT AS NOTED: Scope of Work: NEW WINDOWS INSTALLED AT FORT COLLINS CITY HALL Date: 2/2/2011 Plans Dated NA Prepared By RYAN LUDTKE 970-978-8241 PROVIDE AND INSTALL MILGARD FIBERGLASS WINDOWS AS FOLLOWS *REMOVE AND HAUL AWAY EXISTING WINDOWS (B&W GLASS WILL RETAIN AND RECYCLE ALUMINUM) *USING DOW 791 SEALANT AND CLOSED CELL BACKER ROD TO SEAL IN NEW WINDOWS *ALL WINDOWS TO BE FIXED EXCEPT (2) LOCATED AT ESCAPE LADDERS *3/4" EXTERIOR GRADE WOOD BUCK INSTALLED AT EACH OPENIING *NEW WINDOW TO BE SHIMMED AND FASTENED TO 3/4" BUCK *WINDOW AND DOOR SPRAY FOAM TO BE USED IN ANY VOIDS OTHER THAN IN INTERIOR BREAK METAL CAP *THERE SHALL BE NO DIRECT CONTACT OF CONDUCTIVE MATERIALS FROM INSIDE TO OUT * 3/4" THERMAX INSULATION AROUND ALL EXTERIOR VERTICAL POSTS `INSTALL WITH FINISH NAILES NEW 2 1/4" OAK TRIM TOP AND BOTTOM PRE STAINED AND VARNISHED (STAIN COLOR CHOSEN BY CITY) *STORAGE CONTAINER TO BE LEFT ON JOB SITE * LIFT TO BE USED ON SECOND STORY OF BUILDING *30 YARD ROLL OFF DUMPSTER TO BE ON JOB SITE * MILGARD FIBERGLASS WINDOW TO BE USED (4 1/4") THICK FRAME BROWNSTONE COLOR * 20 YEAR WARRANTY ON FIBERGLASS FRAME 10 YEAR WARRANTY ON GLASS FROM MILGARD *.50 BREAK METAL PRE BENT PRIOR TO PAINTING WITH KYNAR 2605 IN STANDARD BID 20YEAR WARRANTY * CUSTOM PAINT COLOR MADE FOR BREAK METAL TO MATCH WINDOWS *REPLACE CURRENT METAL AND ADD PIECE TO HEAD OF EACH WINDOW TO COVER 3/4" BUCK AND LINTAL * CUSTOM PAINT COLOR MADE TO MATCH BREAK METAL & WINDOWS USED ON SOLID PANELED WINDOWS (REPLACE SOLID PANELED WINDOWS WHERE CURRENTLY ON BUILDING ONLY) *CAP PARTION WALLS WITH BRONZE BREAK METAL WHEN SHOWING ON EXTERIOR *THIS BID DOES NOT INCLUDE FINAL CLEANING *BID BOND PROVIDED PER SPEC MILGARD WINDOW SPECS: U.VALUE 0.28 SGC 0,23 VLT 0.53 NO TAX INCLDUDED TOTAL: $143,190.00 ADD FOR. 125 THICK BREAK METAL $ 7,112.00 20 YEAR WARANTY APROVED BY: DATE: I SECTION 00410 BID BOND KN0W ALL MEN BY THESE PRESENTS: that we, the undersigned_ B and W Glass as Principal, and as Surety, are hereby held and firmly bound unto the Cif o`_ ' Fort Collins, Colorado, as OWNER, in the sum of S 5% — _ _ for the of which, well and truly to be made, we hereby jointly and severally payment bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has ' submitted to the City of Fort Collins, Colorado the accompanying Bid and hereof to enter into a Construction Agreement for the hereby made a part construction of Fort Collins Project, 7198 Window Replacement at City Nall. ' NOW THEREFORE, be or (a) if said Bid shall rejected, (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performinq labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation, as herein stated. The Surety, for value received, hereby stipulates and agrees that the I obligations of said Surety and its BOND shall be ;.n no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in ' the State of Colorado and be accepted by the OWNER. Rev It20*7 Section 00410 Page 1 IN WITNESS WHEREOF, the Principai and the Surety have hereunto set their hands and seals this 3rd day of ebr nary 11 2011 and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL SURETY Name:_i zadaad ra ri _Travelers Casualt"V and Surety Co.of America Address: 2200 E. 15t-h St Hartford. CT - Cheyenne, WY �2091 7CL — by:,L. 3y. Title: /Q_.��,i ��<v/T✓/ _ Title: nana Cre ory, AttQjLjL_V in-- ai 1 ATTEST: y �l (SEAL) (SEAL! . Rev 1020107 Section 00410 Page 2 I WARNING: THIS POWER OF ATTORNEY IS INVALID I I I 1 1 i I 11 STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 217493 Certificate No- 0 0 1 0 4 0 5 2 8 KNOW ALL tbIFN BY THESE PRESENT'S: That Seaboard Surety Company is it corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Fanninemn Casualty Company, Travelers Casualty and Surety Company, and'fravelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is it corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is it corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Dana Gregory, Marisa Hilton, and Neal H. Gehring of the City of Cheyenne ,State of Wyoming , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in theirbusiness of guaranteeing the fidelity of persons, guainaeeing the performance of contracts and executing or guaranteeing bonds and undertakings required or penninI '.n ;ury•lictions grprocecdings allowed by law. 21 st IN WITN 1ul WHEREOF, the Comfitt��c0sliave caused this instrmncntjto be signe I and thci��orporate seals to be hereto affixed, this Y day of Farmington Casually Company �J� � St. Paul Guardian Insurance Company Fidelity and Guar:aly! usurance'Compagy. ' St. Paul Mercury Insurance Company Fidelity and Guaranty Iasu'r• l cc Underwriters, Inc. Travelers Casually and Surety Company Seaboard Surety Company Travelers Casually and Surety Company of America St. Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company e/'',yoswrn,� 49ytY'Vb Y 6ll li Z.ORV09AIN1\ P: (. 9 � �� 1981 0 �"' Ca801+Ata r � �t nml �YP]ONAl^] r 'ny`x+<c' r.•'Ni tYn` 1951 ��0-�ort '�'SEAL.'I ��. o! caul. ?�:aw. a 7896 o..58RI..p State of Connecticut City of Hartford ss. By: G orgc %V ompson. Sen' r Vic President 21st July 2006 On this the clay of , before me personally appeared George W. Thompson, who acknowlccige(I himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and \Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury InSnmoee Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as it duly authorized officer. �,TLT In Witness Whereof, [ hereunto set my hand and official seal. �1Q* A My Commission expires the 30th clay of Jane, 2011. v} pUBU�+ n} o � c�'FS 58440-6-06 Printed in U.S.A. `('(N IaAi k C . tdr. ixlm'ic C. Tcrcauh, Notary Public I WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guarnnty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogni7=ces, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President,. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and SuretyCompany o ,AmericapIt and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney,execuied by, said Companies, which is in full force and effect and has not been revoked. `-`' 3rd February , 11 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of saidCompanies this day of y , _0 _. Kori M. Johan Assistant Secret <l'l+fry f1Ri 6 , Rll.•�NS x fxsu r�R. "xo e � �`d �n a r � �n` To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact its at www.stpiultravelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. I I I U I I I I r, SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given ,must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: a,(D(; 1; IS.. try 61 3. when organized: qq ,� y 4. If a corporation, where incorporated: WV 0 rh ;nq 5. How many years have you been engaged in the contracting business under your present firm or trade name? 3 % 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) L-cttr,t-m;C- CO P.,�1'2�',.Iv�h 1r)7 23U al•)ruAl :i V 3 7. General ^character of work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why?C.Qa"P"'-, -:200F .1-< __ ri 9. Have your ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If ves list agency name. h IRev 10/20107 Section 00420 Page 1 I ll. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, I nn Anri 1-vna of rnnct rnrtinn_ 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this" Project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: S a M 16. Bank reference: Ran 1'� o f 17. Will you, upon request, fill out a detailed financial statement and furnish � an.v other information, /that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? Q m 6�iy what class, license and numbers? C7 d�O(1,1,5 y 19. Do you anticipate subcontracting Work under this Contract? If yes, what p7ercent of total contract?,5 and to whom? 20. Are any lawsuits pending against you or you_- firm at this time? IF yes, DETAIL ri 11 I I Rev10/20/07 Section 00420 Page 2 ' I 11 C 21. What are the limits of your public liability? DETAIL r What company? { co 22. What are your company's bonding limitations? }. , 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of 2li-. 20t/. A-t-W CIItssInc Name of Bidder By: Ike Title: State off o !n r n 9 County of [ ez 1^ cz in 1 ry�n �c.�f k� being duly sworn deposes and says that he is of bt/ G /,is r and that (name of organization) the answers to the foregoing questions are true and correct. and all statements therein contained Subscribed and sworn to before me this cD day of 20kk, Notary ?ublic uw A LL HO AN vueaic COUHTV OF STATE OF WVOYIN6 LARAYIE I My commission. expires's`'�� I W COMYI8870M E S MAN. U I IRev 10/20/07 Section 00420 Page 3 I City of Fort Collins ' Purchasing ADDENDUM No. 1 Financial Services Purchasing Division 215 N. Mason St. 2ntl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgo v. com/purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 7198: Window Replacement at City Hall OPENING DATE: 3:00 P.M. (Our Clock) February 3, 2011 To all prospective bidders under the specifications and contract documents described above, the following additions are hereby made. Additions and Changes: 1. The City of Fort Collins is willing to accept either an extruded aluminum or a break -metal aluminum cap for the mullion columns, as long as the thickness of the aluminum break metal is the same as the extruded aluminum and the Kynar Finish on the break metal has an equivalent warranty as the Kynar finish on the extruded aluminum. 2. A Kynar finish will be required on all the interior and exterior aluminum that is used. 3. The existing exterior and interior aluminum mullion column covers will be removed from the columns and the new thermal break insulation and aluminum mullion cover will be installed over whatever material covers the column. 4. Wood window bucks will not be required around the window openings. 5. The Thermax or equivalent thermal break on the mullions will wrap around the outside of the steel columns to the inside edge of the mullion, which will be covered by the window expander and the inside mullion cover. 6. Pressure treated wood or cedar shims are required where the window frame is fastened to the mullion column. The thermal break insulation must be removed where shims are installed. The shims must be in direct contact with both the window frame and either the steel column or an uncompressible material that covers it. The shims must be foamed around to insure continuous thermal break insulation on the mullion sides. 7. Weeknight working hours will begin at 5:00 pm and end at 6:00 am the following morning. 8. Desks will not be removed to do work. Anything on the desks will be removed by the City of Fort Collins before the contractor begins work for the day. Contractor to provide drop cloths to protect the furniture. Contractor to clean up before moving to the next office. SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontrac=ors performing over 15% of the contract. ITEM SUBCONTRACTOR M Section 00430 Page 1 L [1 I 1 fl 71 IJ 7 I I SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 1 1 1 1 1 t i 1 SECTION 00510 NOTICE OF AWARD ' Date: March 1, 2011 TO: B&W Glass, Inc. PROJECT: 7198 Window Replacement at City Hall OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated February 3, 2011 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7198 Window Replacement at City Hall. The Price of your Agreement is One Hundred Forty-three Thousand One Hundred ' Ninety Dollars ($143,190.00). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by March 15, 2011. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract ' Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions ' (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By: ame B. O'Neill, II, CPPO, FNIGP ire for of Purchasing & Risk Management U ' Section 00510 Page 1 I SECTION 00520 ' AGREEMENT THIS AGREEMENT is dated as of the 25th day of February in the year of 2011 and ' shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and ' B&W Glass, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set ' forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be ' the whole or only a part is defined as the construction of the 7198 Window Replacement at City Hall. ARTICLE 2. ENGINEER ' The Project has been designed by City of Ft Collins Facilities Representative, 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 on June 10, 2011 and ready ' for Final Payment and Acceptance in accordance with the General Conditions on June 17, 2011. ' 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus ' any extensions thereof allowed in accordance with Article 12 of the General Conditions. ' They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: ' Three Hundred Dollars ($300.00) for each calendar day or fraction thereof that expires after June 10, 2011 for Substantial Completion of the Work until the Work is Substantially Complete. ' Section 00520 Page 1 I L 2) Final Acceptance: After Substantial Completion, One Hundred Fifty Dollars ($150.00) - for each calendar day or fraction thereof that expires after June 17, 2011 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 (143,190.00), One Hundred Forty-three Thousand One Hundred as Ninety Dollars, follows: 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, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment. will be" made in an amount ' sufficient to increase total payments to CONTRACTOR to 95% of the Contract _ Price, less such amounts as ENGINEER shall determine -or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by Section 00520 Page 2 I law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance remainder with paragraph of the Contract 14.13 of the General Conditions, OWNER shall pay the Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions,of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. ' 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports- and. data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, - Section 00520 Page 3 !__J I I 11 r t errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety I 7.2.5 Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as r, follows: NA 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 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS f 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 written Documents will be binding on another party hereto without the 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 Section 00520 Page 4 r I 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 I discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. I I I 11 I [J j I I Section 00520 Page 5 11, OWNER?ITY OF FORT COLLINS By: 2 f J CK JAMIE O'NEILL II, CPPO, FNIGP ECTOR OF PURCHASING AND RISK MANAGEMENT Date: Date:?) Zp l I ........... :LJ. 04( (CORPORATE SEAL) Attest: � `��� Attest: ��� City Clergy: : aP Address for giving not C OHO Address for giving notices: P. 0. Box 580 Z'Zm0 E Lglhl/ ACT Fort Collins, Co 80522 260 LICENSE NO.: Approve ps to Form Ass st nt City Attorney Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 7198 Window Replacement at City Hall To: B&W Glass, Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within (_) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 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: B&W Glass, Inc. By: Title: Section 00530 Page 1 9. The Cardinal LoE3-366 glass, argon filled, will remain as spec'd, except the glazing will not have breather tubes. 10. Bid will also include a price for using warm edge spacers inside the glazing as an alternative to a traditional metal edge spacer. The glazing with a warm edge spacer must maintain a warranty of equivalent length as with a metal edge spacer. 11. Steel studs on wall ends are visible through the glass and must have a bronze colored aluminum storefront cap to cover the (3) exposed wall ends. Contractor to provide and install a cap to cover drywall and steel studs. Oak trim to remain exposed. Please contact John D. Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. where renewal is a way of life SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate I N SECTION 00610 PERFORMANCE BOND Bond No.105519106 KNOW ALL MEN BY THESE PRESENTS: that (Firm) B & W Glass, Inc (Address) 2200 E. 15th Street, Cheyenne, WY 82001 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Travelers Casualty and Surety Company of America (Address) Hartford, CT 68103 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 One hundred forty three thousand one hundreA �y money of ($143,190)00) ' 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 25" day of February, 2011, a copy of which is hereto attached and made a part hereof for the performance Mof The City of Fort Collins project, 7198 Window Replacement at City Hall. '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 Rev IM0107 Section 00610 Page 1 I I 1 I 1 1 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, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 7thay of March , 2011. IN PRESENCE OF: Principal B & W Glass, Inc Larry udtke, Vice President (Corporate Seal) IN PRESENCE OF: tle) 2200 E. 15th Street, Cheyenne, WY 82001 (Address) Other Partnors By: By: IN PRES//�ENCE OF: j �% [g.� surety Tl avelers C ualty and Surety Qza . 1.I�O'i��/V LLX./'� By: _ 11I ��•v_,� II . By: Dana Crag gory Ak nrna}nrnar-Tn-FaCt (Address)PO BOX 947, Cheyenne, WY (Su:ety Seal) MOTE: Date of Bond moat not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rey 10/20/07 Section 00610 Page 2 Company of America 82003 I ' SECTION 00615 PAYMENT BOND Bond No. 105519106 ' KNOW ALL MEN BY THESE PRESENTS: that B & W Glass, Inc (Firm) (Address) 2200 E. 15th Street, Cheyenne, WY 82001 (an Individual), (a Partnership), (a Corporation,), hereinafter referred to as ' the "Principal" and Travelers Casualty and Surety Company of America (Firm) ' (Address) Hartford, CT 68103 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 (Municioal Corporation) hereinafter referred to as "the OWNER' in the penal ' sum o0ne hundred forty three thousand one hundaeA."nr,Yney of the ($143, 190.00) 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 25''" day of Februarv, 2011, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7198 Window Replacement at City Hall. 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 cue 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. 1 ' Ro"iorzorol Section 00615 Page 1 1 I 1 I 1 1 1 I .l 1 1 1 1 1 1 11 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, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 7 day of March. , 20 11 IN PRESENCE � tCorporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) Principal By Larry L dtke Vice President (Title) 22,00 E. 15th St, Cheyenne, WY 82001 (Address) Other Partners Surety Travelers C sualty .and Surety Company of u America By: 1 G By:Attorney-in-Fac 0 Box 947, Cheyenne, WY (Address) Dana Gregory 82003 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev 10120/07 Section 006.15 Page 2 1 POWER OF ATTORNEY G STPAUL TRAVELERS Farmington Casualty Company Fidelity% and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters. Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 217493 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualtyand Surety Company of America United States Fidelity and Guaranty Company Certificate No. 001040532 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly ner rganwed undthe laws of the Sate of New York. that St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Innurmce C'nnmpai v ore corporations duly org:ulizal under the laws of die State of Minnesota, that Farmington Casualty C'nrrtpauy. T'raxclers Casualty and Surety Company, and Traveler~ Casualty and Surety Company of America are corporations duly organized under die laws of the State of Connecticut, that United States Fidelity and Guaranty Conipan' is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organised under the laws of the Slate of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly' oganized under the laws of the SWIG of Wisconsin (herein collectively called the -Companies"), and that the Companies do hereby make, constitute and appoint Dana Gregory, Marisa Hilton, and Neal H. Gehring of the City of Cheyenne , St:ue of Wyoming , their true and lawful Attorey(s )-in-Fact, each in their separate capacity it more than one is named ahovc, to sign. execute. seal and acknowledge any Lind all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on Behalf of the Companies in their busuness ul' puarameeing tlm Iidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. W WITNE,tSi WHEREOF, the Conipy zallave Caused Ibis insuument to be signed and their cmptaa e scads to he hereto affixed, dais day of y 0 Farmington Casualty Company Fidelity and Guaranty 2msnrance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 21 st St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ? `✓P11'y, i �v�,'�m �°�''iYerY � pO�\Y 'Y 9 Je iM1. sJn: h0 4 Hr WIry 4�r� 1927 1951 sea of ;tssxr;F C0N" o� I. N 2'OF 'IS .1Nid '*n Stale of Connecticut City of Hartford ss. BY: (' oge W oapson. Sev r Vic President On this the 21 st day of July 2006 betin'e me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Fa ningum Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty, Insurance Underwriters. Inc.. Seaboard Surety Company. St. Paul Fire and Marine Insurance Conmpam. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Stucty Connpmm of America, and United Slates Fidelity and Guaranty Company, and that he. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing tin behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, 1 hereunto set my hand and ottl,'lAl C TAq My Commission expires the 30th day of .June, 201 I. ♦ * O ik n '0U9L1 �.TetrcaulL1. ,�.n ILLLIC 58440-6.06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full torte and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Anomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or hem and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the. Secretary: and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second. Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly arrested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Atiomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is. FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, my Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Atiomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing suchfacsimile signature or facsimile seal shall he valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I. Kori M. Johanson, the undersigned, Assistant Secretary. of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. 7th March 11 IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this day of 20 — Karl M. Johans Assistant Secretary € r'm19rW51tx 'i's.Y'r:uf4.'wra+`ft^p'R •�.p, u,...' iOi;10r 192 119771 i,SESEAL5O To venfy the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www,stpaultravelersbond.com. Please refer to the Attomey-In-Fact number, the above -named individuals and the details of the bond to which the power is attached. 13:54.46 02-02-2011 2/2f 44coRo CERTIFICATE OF LIABILITY INSURANCE DA 10/14/onanI/0 o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemem(s). PRODUCER 307-634-5767 Burns Insurance of Cheyenne 237 Storey Blvd, Ste 200 307-634.7236 Cheyenne, WY 82009 Tyler T.TfBVIIlyaO rCOONTA CT PNONE EaINC.PU NO: E-NAIL s: ADDRE PRODUCERCUSTOMER g&LACE-1 IN8URER(S) AFFORDING COVERAGE NAIL e INSURED B&W Glass, Inc. 2200 East 1 Sth St. Cheyenne, WY 82001 INSURER A: Cincinnati Insurance Companies INSURERS: INSURER C: NSURER D: INSU RE: INSURER F: COVERAGES CERTIFICATE NUMBER: 1 REVISION NIIMRFP- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR LTR TYPE OF INSURANCE ADOL 8POLJCY NUMBER POLICYUP M POLO E%P MID EMITS GENERALLIABIUtt EACH OCCURRENCE S 1,000,00 pREMrsES Ee Paurren« S 60,00 A X COMMERCIALGENERALLIABILITY CLAMS -MADE FRIOCCUR X X CPP1084110 10/14/10 10/14111 NED EXP( one prim) S 5,00 PERSONAL &ADV INJURY S 1,000,00 GENERAL AGGREGATE S 2,000,00 GERL AGGREGATE LIMIT APPLIES PER. PRODUCTS. COMPIOP AGO S 2,000,00 POLICY X PRO- LOC S A AUTOMOBILE UABILTY ANY AUTO X X CPP 1084110 10/14110 10/14/11 DOMBINED SINGLE LIMIT (Ea attidm) S 1,000,00 INJURY(Per pessw S JX ALL OWNED AUTOSBODILY SCHEDULED AUTOS HIREDAUTOS BODILY INJURY(Per amwenl) S PROPERTY DAMAGES (Per ameent)NON OWNED AUTOS UM/UIM S 1,000,00 MEDICAL s 5,00 J( UMBRELLA LAB X OCCUR EACHOCCURRENCE S A EXCESS LAS CLAMS -MADE X X CPPI084110 10114110 10/14111 AGGREGATE S 6,000,00 $ XdDEDUCTIBLE RETENTION S $ A WORKERS COMPENSATION AND EMPLOYERS' LJABIUTY ANY PROPRIETORPPRTNER!EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Maad.WgIANH) Ilyes, hscdbe undo DESCRIPTION OF OPERATIONS below NIA X CPP1084110 EMPLOYERS LIABILITY 10/14/10 10/14/11 WC STATU- X OTH. E.L. EACH ACCIDENT S 1,000,00 E.L. DISEASE- EA EMPLOYEE s 1,000,00 E.L. DISEASE. POLICY LIMIT S 1,000,00 p GARAGE KEEPERS X X GPPI084110 10114110 10114/11 LEGAL LIA 50,0 A RENTED/LEASED EQUI X I X CPP7084170 10114/10 1 10/14111 EQUIPMENT 60,0DO DESCR ONOFOPERATONSILO nONSIVEHICLES (AMhACORD101,A0dldoml Remarks SCNedWe,Irmonspaeels MRWrpd) BLANKET ADDITIONAL INSURED & BLANKET WAIVER OF SUBROGATION APPLIES City of Fort Collins is listed as certificate holder. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Collin THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 680 ACCORDANCE WITH THE POLICY PROVISIONS. Fort Collins, CO 8052A AUTHOR= REPRESENTATIVE Tyler T. Trevillyan ' ACORD 25 (2009109) W 15118-2005 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 1 1 Rev 10/20/07 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7198 Window Replacement at City Hall PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: February 25, 2011 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: Rev10/20107 Section 00635 Page 1 ' CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages ' BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 ' 00100 Instruction to Bidders 00300 Bid Form 00100-1 - 00100-9 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 ' CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 ' 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 ' 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 ' 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00630-1 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 ' 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 ' 00960 Application for Payment 00960-1 - 00960-4 ' SPECIFICATIONS AND DRAWINGS 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, 7198 Window Replacement at City Hall. 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 February 25th 2011. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 1 20 . Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: Rev10/20/07 Section 00640 Page 1 SECTION 00670 [1 Section 00670 Page 1 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) A nr) KIC)T WPITP IN TI-IIQ QPAr`P The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, Slate, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: $ Fax Number. ( ) Business telephone number: Colorado withholding tax account number. Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 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: 1 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 11 1 1 Special Notice 1 Contractors who have completed this application in the past, please note the following changes in procedure: 1 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. 1 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. 1 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. 1 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 1 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. 1 1 1 1 1 1 i 1 Section 00670 Page 3 SECTION 00700 GENERAL CONDITIONS [1 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL. CONDIT[ONS Of THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC Na, 1910-8 (1990 &lition), as a tease. Changes to that dmument arc shown by underlining text that has Ix -en added and strikin.- through text that has been deleted. EJCDC GENERAL. CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) SECTION 00020 INVITATION TO BID Rev 10/20/07 Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL. CONDITIONS Page Article or paragraph Number Number &Title DEFINITIONS ----- ---------- .......................................1 I 1-1 Addenda I.2 Agreement..........................................1 1-3 Application for payment.......................1 1.4 Asbestos.............................................I 1.5 Bid.....................................................1 1.6 Bidding Documents .............................1. 1.7 Bidding Requirements ,,,,,,,,,,,,,,,,,,,,,,,,,,I 1.3 Bonds.................................................1 1.9 Change Order.....................................J 1.10 Contract Documents...,,-...,._ ,.. 1. 1.11 Contract Price,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I 1.12 Contract Times....................................1 1.13 CONTRACTOR .................................. 1 Ltd dzfective.............................................1 1.15 Drawings............................................1 1.16 Effective Date of the Agreement ... ,........ I I.17 ENGNEER.........................................I 1.13 ENGLNEER's Consultant........... 1 1.19 Field Order ..........................................I 1.20 General Requirements .......................... 121 Hazardous Waste 2 122.a Laws and Regulations; Laws or Regula t ions.......................................2 I22.b Legal Holidays ......... .............. I............. 2 1.23 Liens 1.24 Milestone 125 Notice of Award 1.1-6 Notice to Proceed... .... ...................... 2 1.27 OWNI ER .............................................: '' 1.23 Partial Utilization ................................ 2 1.29 PCBs ........................... .......... ........... ...' 1.30 Petroleum......................_......_.._.1 1.31 Project .................. 1.32.a RadioactiveMatcriil............................2 1.32.b Regular Working Hours,,,,,,,,,,,,,,,,,,,,,,, 133 Resident Project Representative ............ 2 1.34 Samples..............................................2 1.35 Shop Drawings ................................... 2 1.36 Specifications,,,,,,,,,,,,,,„ 1.37 Subcontractor 1.3.8 Substantial 139 Supplementan•Conditions .................... 2 1.40 Supplier.._ .........................................." 1.41 Underground Facilities... .................. -3 1,42 Unit Price Work..................................3 1.43 Work..................................................3 1.44 Work Change Directive..............__.,,.-3 1.45 Written Amendment3 Page Number PRELLV NARYbL\TTERS.,..... ,........... _.____3 2.1 Delivery of Bonds, ....3 2.2 Copies of Documents .....................3 2.3 Commencement of Contract Timcs; Notice to Proceed ............ 3 2.4 Starting the Work ............ ......... 2.5 .7 Before Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Schedues; Delivery of Certificates of Insurance.. _............................... 3.4 2.3 Prcconstruclion Conference 4 2.9 Initially Acceptable Schedules,-,,,.._ 4 CONTRACT DOCUMENTS: INTENT, ANIE:NDING, REUSE ..................... a 3.1.3.2 Intent ............................._...-. _...__ 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................ ................. 4-5 3.4 Intent of Certain Terms or Adjectives ,,....... 3.5 .Amending Contract Docunents....... ,.5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS REFERENCE POINTS 5 4.1 Availability of Lands .............. ...... D-6 42 Subsurface and Physical Conditions 6 42.1 Reports and Drawings ............ ......... p 4.2.2 Lim itedReliance hyCONTRAC- TOR Authorized: Technical Data............................................ 6 4 2.3 Notice of Differing Subsurface or Physical Conditions..................6 42.4 ENGINEER's Review.... ...................6 4.2.3 Possible Contract Documents Chanuc 6 4.2.6 Possible Price and Times Adjustments .............. ................. .6-7 4.3 Physical Conditions --Underground Facilities ....................................... 7 4.11 Shown or Indicated 7 4.3.2 Not Shown or Indicated7 4.4 Reference Points .............................7 ERMCt GENERAL CON )RIONS 1910-5 (1990 EDITION) w/ a TY OF FORT COLD; IS MODIFICATIONS tREV 9/99) 1 1 1 1 1 Article or Paragraph Number x Tide 1'agc Article or Paragraph Number Number 8:-fitic 4.5 asbestos PCBs, Petroleum, Hazardous Waste or Radioactive Material7-8 S. BONDS AND INSURANCE „ ............................... S 5.1-5.2 Performance. Pa-vmcat and Other Bonds ............................................... 3 5.3 Licensed Sureties and Insurers; Certificates of Insurance...-,.............. S 5.4 CONTRACTOR -%Liability Insurance .......................................... 9 i.5 OWNER's Liability Insurance ........... _. 9 i.6 Property Insurance ............. ............. 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance ......... ..... ... 10 5.3 Notice ofCancellntionPro%ision 10 5.9 CONIRACTOR'sResponsibility for Deductible Amounts_ 10 i:10 Other Special Insurance,,,,,,,,,,,,,,,_.,..10 5.11 Waiver of Rights ,,,,,,,,,,,,,, It 5.12-5. 13 Receipt and Application of Insurance Proceeds ..................... 10-11 5.14 Acceptance of Bonds and Insu- ance; Option to Replace .................. 11 i.li Partial Utilization--Property Insurance ........................................ 11 6. CON fRACIOR'S RESPONSIBILITIES 11 6.1-6.2 Supervision and Superintendence,,.,,,, It 6.3-6.5 Labor, Materials and Equipment_. 11-12 6.6 ProgressScheduk............_...............J= 6.7 Substitutes and "Or -Equal" Items: CONTRACTOR'& Expense; Substitute Construction Ndedxds or Procedures; ENGINF.ER's F.,valuation12-13 6.8-6.11 Concerning Subcontractors. Suppliers and Others: Waiver of Rights„ ........................ 13-14 & 12 Patent Fees and Royalties .................... 14 6.13 Permits ............................................. 14 6.14 Laws and Regulations ................. 14 6.15 Taxes ........................................... 14-15 6.16 Use of Premises ........................_....-- Is 6.17 Site Cleanliness ................................. li 6.18 Site Structural Loading .....................li 4.19 Record Documents 15 6.20 Safety and Protection 5-16 6.21 Safety Representative ......................... 16 6.22 Hazard Communication Programs,,,,_. 16 6.23 Emergencies 16 6.24 Shop Drawings and Samples..............16 Page Number 6.2i Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal...._..._ .............. . -....16 6.26 Shop Drawing 8: Sample Submit- tals Review by ENGINEER, ,,,,,16-17 6.27 Responsibility for Variations From Contract Documents ............ 17 6.23 Related Work Performed Prior to F.NGfNFF-R's Review and Approval of Required Submittals .................. _........... _..17 6.1-9 Continuing the Work_ .................... l7 6.30 CONTRACTOR's General Warranty and Guarantee, .......... ... 17 6.31.6.33 Indemnification .......................... 17-IS 6.34 Survival of Obligations,,, 13 T OTHER WORK.................................................IS 7.1-7.3 Related Work at Site ....................... Is 7.4 Coordination................................ IS S. OWNER'S RF.SPONSMILITIES „ .......................I S N.I Communications to CON- TRACTOR ....... _........................ Is 8.2 Replacement of ENG1NEER............ IS 3.3 Furnish Data and Pay Promptly When Due .................................. IS S.4 Lands and Easements: Reports and Tests ..........----___.__.I8-19 8.5 Insurance,,,,.,., 19 3.6 Change Ordcrs ................................ 19 S.7 Inspections, Tests and Approvals ...................................19 $.S Stop or Suspend Work; Terminate CONTR.ACTOR's Services ...................................... 19 8.9 Limitations on OWNER'S Responsibilities ,,,,,,,,,,,,19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 19 3.11 Evidence of Financi l Arrmgcm ents ............................ 19 9. ENGIi LEER'S STATUS DLRING CONSTRUCTION ...............19 19 9.1 OWNER's Representative ................ 93 Visits toSite 19 9.3 Project Representative n-` 9.4 Clarifications and Interpre- tations,,,,,,,,,,,,, 21 9.5 Authorized Variations in Wrk... ..... 21 UCDC.. UENL'RAL CONDMONS 1910-3 (1990 EDIIIO\4 w/ CITY OF FORT COLONS MODIFICAIIONS (REV 9/99) I Article or Paragraph Number 6L Title Page Article or Paragraph Number Number & Title Page Number 9.6 Rejecting Defective Work ...................21 13.8-139 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders 1,MERs Request ..................... 27-28 and Payments ....................................21 13.10 OWNER 'vlziy Stop the Work .... ...... 28 9.10 Determinations for Unit Prices 21-22 13.11 Correction or Removal of 9.11-9. 12 Decisions on Disputes; FNCrI- Defective Work ........................... 28 NEER as Initial Interpreter ............... 22 13.12 Correction Period ........................... is 9.13 Limitations an ENGINEER's 13.13 Acceptance of Defective Work ......... 2S Authority and Responsibilities,.,, 22-23 13.14 OWNER May Correct Defective Work 28-7-9 CHANGES IN THE WORK 23 10.1 OWNiER's Ordered Change,,,,,,,,,,,,,,,, _3 14. PAYNIENITS TO CONTRACTOR AND 10.2 Claim for AdjusLmcnt ........................ 2J COMPLETION ..... ........................ ..... 29 103 Work Not Required by Contract 14.1 Schedule of Values ........................ -9 Documents .............*..........,.,.,_......23 .....*......*...........****'*.....*273 14.2 Application for Progress 10.4 Change Orders...................................23 PaymenE .......... ............... �9 10.5 Notification of Surety ............... ...... ­ 23 14.3 CONTRAcTows Warranty of Title 29 CKANGF OF CONTIZACI' PRICE__ ......................... 23 14.4-147 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments,,,,,,,,,,,,,,,,, _29-30 Adjustment; Value of 14.3-14.9 Substantial Completion.,,,,,,,,,,,,, 30 the Work 23-24 14.10 Partial Utilization ............ _.__30_JI 11.4 Cost of the Work .......................... -5 . 34� _2 14.11 Final Inqpection ..............................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 ... ... 31 11.7 Cost Records 14.15 Waiver of Claims 31-32 ILS Cash Allowances 6 119 Unit Price Work. L6 15. SUSPENSION OF WORK AND TERMINATION .... ........................................... 3'2 CH,,\NGE OF CON7RACT TIMES ............................26 15.1 OWNER May Suspend Work .......... 32 12.1 Claim for Adjustment_ .. .................... 26 15.2-13.4 OWNER May Terminate., 12.2 Time of the Essence ... I ........ I—- ... I ..... M 1 i.5 CONTRACTOR May Stop 113 Delays Beyond CONTRACTOR!s Work or Terminate„_ .............. 32-33 Control, ...................................... 26-27 12.4 Delays Beyond OW NI and 16. DISPUTE RESOLUTION .................................. 33 CONTRACTOR's Control ................. 7 17. MISCELLANEOUS 33 TESTS AND LNSPECTIONZS: CORRECTION, 17.1 Givini, Notice .................... ........... 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation orrimes ..................... �J DE17EC77VE WOPK 1-7 17.3 Notice or Claim 33 13.1 Notice of Defects 21 7 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.._ ............ CONFrRACTOR's Cooperation, ......... 2 7 17.6 Applicable State Laws ................ 33-34 13.4 OWNER!s Responsibilities: Intentionally left blank...,,,.,,,.._......................... 34; Independent Testing Laboratory ........ 1-7 13.5 COINTRACTOR!s EXHIBIT GC -A: (Optional) Responsibilities ............................ _27 Dispute Resolution Agreement,,,,,,.,,,,,,,,,.,.,. QC -Al 13,6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration ........ ...... ......... __ GC -Al tion. Testingor Approval ............... _27 16.7 Mediation ... - ....................... G C-AI El=.GENERAL CONDMONS 1910-8 (1990 EDITION) W/ CITY OF FORT COU.M. MODIFICATIONS(REV9199) k I 11 I n I I I I I INDEX TO GENERAL. CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance or -- Bonds and Insurance........................................5.14 defective Work............................10.4.1, 13.5, 13.13 final payment..........................._..._......9.1? 14.15 insurance......................................................... 5.14 other Work, by CONTULACTOR_ .... ................... _7.3 Substitutes and "Or -Equal" Items_ ...................6.7.1 Work by OWNER..............................:2.i, 6.30, 6.34 Access to the -- Lands, OWNER andCON'rRAC'FOR responsibilities ............... _............................ 4.1 site, related Work ...................... _......... .............. 7.2 Work...........................................13.2, 13.14, 14.9 Acts or Omissions--. Acts and Omissions-- CO\rrR4CrOR..............„_.,.,_..__._,_,.6.9.1, 9.13.3 ENCIINEER............................._.._......,_6.20, 9.13.3 OWNER ..................................................... 6.A 3.9 Addenda --definition of (also see definition of Specifcations)._.... (I.6, I.10, 6.19), 1.1 Additional PropertyInsurances................................. 5.7 Adjustm ents- Contract Price or Contract Times ......................... 1.5, 3.5. 4.1, 4.3.2. 45.2, .................... .......... 4.5-3, 9.4, 9.5. 102-10.4, .........................................11, 12, 14.3, 15.1 progress schedule .............................................. 6.6 Agreement -- definition of ...................................................... 1.2 'All -Risk" Insurance, policy form............................5.6.2 Allowances. Cash....................................................11.8 .Amendims Contract Documents 3.5 Amendment, Written -- in general... ............. L 10, 1.45, 3.5. 5.M 5.121 6.6 2 ._.......................y.8 2, 6.19, 10.1, 10.4, 11,2 .................................... 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to, 9.10, 9.11. 10.4, 16.2. 16.5 Application for Payment— definition of ...................................................... 1.3 F.NGINEFR's Responsibility ............................... 9,9 final payment ................... 9. 13A, 9.13.5, 14.12-14.15 in general .......................... 13. 2.9, i.6.4, 9.10, 15.5 progress payment.......................................14.1.14.7 review of ....... . I4.4-14.7 Arbitration .................. .................. ....... .......... 16.1-16.6 Asbestos -- claims pursuant thereto..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work,_,.,_,,, 1.5.2 definition of ........................................... ............. 1,.4 Article or Paragraph Number OWNER responsibility for.... _............ ............4. 5.1. 9-10 possible price and times change,,,,,,,,,, 3.5.2 Authorized Variations in Worl:,,,_.,,., 3.6. 6.25, 627, 9.5 Availability of Lands ..... .._....... ._.......................4.1, 8.4 :beard, Notice of--defined.......................................I.25 Before Starting.ConstructioR..............................:-.5-2.8 Bid --definition of ........................ 1.5 (1.1, 1.10, 2.3, 3.3, ................... 6.13, 11.4.3, 11.9.1) Bidding Documents-defmition of .. ....... ..............,1.6(6.3.3) Bidding Requirements--defmition of..........................................1.7 (1.1, 4.2.6.2) Bonds -- acceptance of .......................... ...._....................5.14 additional bonds ................................. 10.5. 11.4.5.9 Cost of the Work ............................................. 11.5.4 definition of.......................................................1.8 deliveryof...................................................2.1, 5.1 final Application for Paymcnt........ ......... 14.12-14.14 general ..................................... I.10, 5.1-5.3, 5. 13, ................................I.......9.13. 10.5. 14.7.6 Performance, Payment and Other ................... 5.1-5.2 Bonds and Insurance --in general .................................' Builders risk "all-risk" policy Cancellation Provisions, Insurance ......... i.4.1 I, 5.8, 5.13 Cash Allowances ..................................................... 11.8 Certificate of Substantial Completion, ,,,,,.„1.38. 6.30.2.3. 14.8, 14.10 Certificates of Inspection....,,_.. . 9.13.4, 13.5. 14.12 Certificates of Insurance ............... 1T 5.3, 5.4.11. 5.4.13, _ .... S.ti.S. 5.3. 5. 14, 9.13A. 14.12 Change in Contract Price -- Cash Allowances ............................................... 11.8 claim for price adjustment ....... 4.1, 4.2.6, 4.5. 5.15, 6.8.2, 9.4 ....... .._.... ._ 9.5, 9.11. 11.2. 10.5. 11.2. 13.9. ..,... I................13.13, 1:3.14, 14.7, 15.1, 15.5 CONTRACTOR'% fee.........................................11.6 Cost of the Work general .... ........ ....... .._.......................1 1.4-11.7 Exclusions to. ........................................11.7 I Li Cost Records__..._..._....................................... in general ......... 1.19, 1.44, 9.11, IU.4.2, 10.4.3, 11 Lump Stan Pricing..........................................11.3.2 Notification of Surety .... .................................... IUS Scope of,... ........... ............... ..................... 10.3-10.4 Testing and Inspection. Uncovering the Work.,..... I..............1..........1 13.9 LJCDC GEVGR.V. CONDITIONS 1910.8 (1990 L'DIT10NT) IV/ CITY OF FORT COLLf\S \fODFFICATtONS (RF, V 9.!991 Unit Price Work 11.9 ........................................... Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times -- Claim for times adjustment......... 4.1, 4.2.6, 4.5, 5.15, ...........1 6.3.2. 9.4. 9.5. 9.11, 10.2, 10.5. 12.1, ...............13.9, 13.13. 13.14, 14.7. I5.1. I5.5 Contractual time limits Delays beyond CONTR:\CTOR's control.................................................. ......13.3 Delays beyond OWNF.R's and CONTR-\CTOR's control,,,_ 12.4 Notification of surety ............... .......................... 10.5 Scope of change ........................... I ......... . J0 3-10.4 Change Orders-- Acccptancc of Defective Work .......... ........__... 13.13 Amending Contract Documents ...........................3.5 Cash Allowances ............................................. I I.3 Change of Contract Price.....................................1 I Change of Contract Times...................................1' Changes in the Work ........................................... 10 CONTR4CrOR's fee........................................11.6 Cost of the Work.......................................11.4-11.7 Cost Records .................................................... 11.7 definition of.......................................................1.9 emergencies ....................................... ................................................ 6.23 ENGINEER'sresponsibility ....... 9.3. 10.4. 11 2, 12.1 execution of ...................................................... 10.4 Indcmnifictioq .........................6.12, 6.16, 6.31-6.33 Insurance, Bonds and ...................... ?.UI, 5-13, 105 OWNER may terminate ................ .............. 1_ 2-15.4 O NI ER's Responsibility .............................3.6. 10.4 Physical Conditions - Subsurface and ............................................. 4.) Underground Facilities--............................ .. Record Documents ........................................... 6,19 Scope of Change ......................... ........... ...10.3-10.4 Substitutes ............................................. 6. 7.3, 6. S.2 Unit Price Work 11.9 value of Work, covered by .................. I.............. 11.3 Changes in the Work ............................................. . _,10 Notification of surety ....................... OWNER's and CONTR4CTOR's responsibilities,,,,,,,,,,,,, ............................... 10.4 Right to an adjustment ...................................... 10.2 Scope of change........................................1 i i.3-10.4 Claims -- against CONTRACTOR .................................... 6.16 auminst ENGINEER.........................................6.32 against OWNER...............................................6..i2 Change of Contract Price ........................... 9.4, I I Change of Contract Times ..........................9.4, 12.1 CONTR\CfOR's............. . 7.1. 9.4. 9.5, 9.11, 10.2. ...........................11.2. 11.9, 12.1, 13.9, 14.5, 15.1, 15.5, 17.3 CONTRACfOR's Fec 11.6 Article or Paragraph Number CONTRACTOR's liability ,,,,,.„.„5.4, 6.12, 6.16, 6.31 Cost of the Work ............... .....................9. 11.4, 11.5 Decisions on Disputes .......... ..................... 11, 9,1^_ Dispute Resolution ,,,,,,,,,,,,16.1 Dispute Resolution Agreement ............ ..... ... 16.1-16.6 ENGINEER as initial interpretor ......................9.11 Lump Sum Pricing., ............... ..................... 11-3.2 Noticeof ........................................................... 17.3 OWNER's.................... .4, 9.% 9.11, 10.2,. 11.2, 11.9 ....................... 12.1, 13.9. 13.13, 13.14. 17.3 OVNER'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.? Time Extension.................................................12.1 Time requirements....................................9.11, 12.1 Unit Price Work._ ..................... _.......... .......... 11.93 Valueof ...........................................................11.3 Waiver of --on Final Payment ............... j4.14, 14.15 Work Change Directive.....................................10.2 written notice required ......................9.11. 11.2, 12.1 Clarifications and Interpretations.....,..,.., 3.6.3. 9.4. 9.11 CleanSite..................._....._................................ 6.17 Codes of'rechnical Society, Organization orAssociation..................................................}.3.3 Commencement of Contract Times ...... _........ .............3.3 Communications-- general .............................................. 6.2. 6.9.2. 3.1 Hazard Communication Programs .......................6'" Completion - Final Application for Pigment ..........................14.12 Final Inspection ..........._.................................. 14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization ............................................. 14. 10 Substantial Completion ......................1-38, I4.S-14.9 Waiver of Claims................................. 14.15 Computation of Times......_..._....._..........,17.2.I-17.2.2 Conceming Subcontractors, Suppliers and Others ............................... .... .............. 6.5-ti.l I Conferences -- initially acceptable schedules...............................19 p reconst ruct ion...........................4.......4.............. 18 Conflict, Error, Ambiguity, Discrepancy-- CONTRACTOR to Report__ ...................... 1.5, 3.3.2 Construction, before starting by CONTRACTOR ............................................2.5-2. 7 Construction Machinery, Equipment, etc..................6A Continuing the Work ..................................... 6.29, 10.4 Contract Documents - Amending..........................................................3.5 Bonds.............................................................5.1 E/Ctx GENER.u-CONDITIONS I910-8 0990 EDITION) w/ Ct TY OF FORT COLLINS MODIFICATIONS (REV 9199,) 1 I 1 1 I I 1 1 Cash Allowances........._ ............................. _.._11.9 Article or Paragraph Number Change of Contract Price :................ I................... 11 Change of Contract Times.,,,, .............................. 12 Changes in the Work.................................10.4-10.5 check and verify......................................1,._..... =•? Clarifications and Interpretations .........................j.'_, 3.6, 9.4, 9.11 definition of ......................................._....,......_1.10 ENGINEER ns initial interpreter of,,,,,,,,,,,,,,,,_ 9.11 F.NGINF-ER as OWNER's represcmtativc.............9.l grncral3 Insurance, ..... .................................................... `.3 Intent........................................................3.I.-3.4 minor variations in the Work..............................3.6 OWNER's responsibility to furnish data.„ ....... _... 8.3 OWtHER's responsibility to make prompt Payment ..........................Y.3. 14A, 14A3 precedence., ................ ........ 3 1, 3.3.3 Record Documents._.........................................6.19 Reference to Standards and Specifications of Technical Societies. ...... ...... I ......... 3.3 Related Work..................................................... J.2 Repotting and... Discrepancies.,,,,.., 2.i1 3.3 Reuseuf............................................................ 3.7 Supplem rntinS_................................................ 3.6 Termination of ENGCN-EER's Employnt ent........_ 5.2 Unit Price Work ................................. ............. ..11.9 variations .......................................... 3.6, 6.23, 6.27 Visits to Site, ENGINEER: s. _............... 92 Contract Price -- adjustment oC...............35. 4.1. 9.4, 10.3, 1 L2-11.3 Changeof...........................................................1 I Decision on Disputes........................................9. 11 definition of ......................................................1. I t Contract 'ri mes-- adjustment of .......................... 3.i. 4.1. 9.4, 10.3. 12 Change of............................._................,12.1-1 .4 Commencement of 2.3 definition or ..... .................................... I.......... 1.12 CONTRACTOR- Acceptance of Insurance ............. ................... .... . 14 Communications..._.................................6.2, 6.9.2 Continue Work ............... 10.4 coordination and scheduling ........................... .F.9-2 definition of ....................................................... 1.13 Limited Reliance on Technical Data Authorized-, May Stop Work or Terminate............................li.i provide site access to others.....................7.2, 19.2 Safety and Protection... ................ 4-3-t.02, 6.16, 6.I8, .................................6.21-6.^_3, Z'_, 13.2 Shop Drawing and Sample Review Prior to Submittal......................_,.,.,,,,.,,,_...6.=i Stop Work requirements .............. .................... 4.5.'_ CONTRACTOR's- Article or Paragraph Number Compensation ............................................ 1 LI-11.2 Continuing Obligation ..................................... 14.15 De(ecrive Work., ....... ................... _.9.6. 13,10-13.14 Duty to correct defeclrve Work,,,,,,,,,,,,,,,,,,,,,,,,,, 13.11 Ditty to Report -- Changes in the Work caused by Emergency... ........................ ............... 6.=3 Defects in Work ofOthers.............................7.3 Differing conditions...................................4.2.3 Discrepancy in Documents 2.5, 3.32, 6.14.2 Underground Facilities not indicates...,_.,., 4.3.2 Emergencies, ..... __...........................................6.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.53 Fee --Cost Plus .......................... 11 AS.6, 11. i. 1, 11.6 General Warrantv and Guarantee 6.30 Hazard Comm unication Programs 6.22 Indemnification .........................6.12_, 6.16, 6.31-6. i3 Inspection of the Work ................................ 7.3, 13.4 Labor, Materials and Equipment .................... 6.3-6.5 Laws and Regulations Compliance b%............6.14.1 Liability Insurance .............................................. '.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..................6.1'2 Performance and Other Bonds ............................. 5.1 Permits, obtained and paid for by , 6.13 Progress Schedule 2.6. 2.5. 2.9. 6.6, ........................................ 6.29, 10.4, 15 ^_.1 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 Wort: .......................... 6.29, 10.4 CONTRACTOR's expense .......................... 6.Z 1 CONrRACTOR'sGencril Warranty and Guarantee ........ ..... .... .............. _._.6.30 CO\ rR.ACTOR's review prior to Shop Drawing or Sample submittal................6.2i Coordination of Work ................................. 6.9-2 Emergencies...............................................6.2 3 ENGINE•ER's evaluation. Substitutes or "Or -Equal" Items ............................. 6.7.3 For Acts and Omissions of Others ............................ ti.9.1-6.9.2, 9.13 for deductible amounts, insurance .................-.9 general.........................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs,_.____ 6.22 Indemnification ................................... 6.31-633 E1CDC. ULN:RAL CONDITIONS 1910.3 (1990 EDITION wJ CfTY OF FORT COLUNS MODIFICATIONS (REV 9/99) Labor, \Materials and Equipment .... ..........6.3-6.5 Laws and Regulations.. ........ ..... ..... **** ----- 6.14 Liability Insurance._......................................5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 Patent fees and Rovilties ............................... 6. - Permits.......................................................6.13 Progress Schedule.....__ ............................... jt;.6 Record Documents ....................................... 6.19 related Work perforated prior to ENGINEERS approval of required subm ittals............................................. 6.23 safe structural loading.-, .............................. 6.13 Safety and Protection....................5;20. 7.2. 13._ Safety Representative-----_ ............................ 6,21 Scheduling the Work............................I.....6.9.2 Shop Drawings and Samples ....................... 624 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness..........................................6.17 Submittal Procedures ................................... 6.25 Substitute Construction Methods and Procedures .................................... 6.7.2 Substitutes and "Or -Equal" Items,6.7.1 Superintendence ........................................... 62 Supervision. .............. _..... _............................6. I Survival of Obligations................................6.34 Taxes..........................................................4.1 i 'Pests and Inspections .---........... .................U.? ToReport .................... ................... I .............. ''s Use of Premises6.16.6.18. 6.30.2.4 Review Prior to Shop Drawing or Sample SulMttltLll........................................ 6.25 Right to adjustment for changes in the Work..... 10.2 right to claim.............4. 7.1, 9A, 9.5, 9.1 I, 10,2,11.21 11.9, 12.1. 13.9. 14.S. 15.1. 1i.5, 17.3 Safety and ProtcetioR.................. 6.20-6.22, 7.2. 13.2 Safety Representative ... ........ ._........................6.21 Shop Drawings and Samples Submittals .... 6.24-6.2S Special Consultants., _ _ ............_............."" ' I I A.4 Substitute Construction Mcthods and Procedures 6.7 Substitutes and "Or -Equal" Items. Expense .......................................... 6.7.1. 6.7.2 Subcontractors, Suppliers and Others,..,.,.,,, 6.5-6.11 Supervision and Superintendence ....... .6.1, 6._7. 6.21 Taxis. Payment by .......__...._.._ ..................... 6% Use of Premises ..................._..._,..,......,... 6.16.6.13 Warranties and guarantees .........................6.5, 6.30 Warranty of Title .............................................. 14.3 Written Notice Required -- CONTRACTOR stop Work or terminate ........ 1>.5 Reports of Differing Subsurface and Physical Conditions ....................... 4.2.3 Substantial Completion._ ............................. tiii 14.3 Caw RAcTORS--other............ .................................? Contractual Liability Insurance_............._........._..4.10 Contractual Time Limits.......t'_.2 ................................... Article or Paragraph Number Coordination— CONI'RAC'LoRs responsibility ........................6.9.2 Copies of Documents ........ ............. ....... I ................... ? 2 Correction Period 13.12 Correction, Removal or Acceptance of Defective Work-- in general ................................... 10.4.1, 13.10-13.14 Acceptance ot'Defective Work ..........................13.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period ..... .... ___ ..............................13.12 OWNER May Correct Defective Work ._..,-,......13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections.....................................13.4 Recordsll.7 Cost of the Work -- Bonds and insurance, additional...................j 1.4.5.9 Cash Discounts..............................................11.4.3 CONTRACTOR's Fee I L6 Employee Expenses., ............ I ....................... 11.4.:.1 Exclusions to.....................................................11.5 General 1 1.4-11.5 Home office and overhead expenses....................1 IS Losses and damages.....................................11.45.6 \•laterials and equipment_...__.......................I I.42 %Minor expenses ........................................... 11.4.=.5 Pavroll costs on changes,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,11.4.1 performed by Subcontractors ............................ L4.3 Records 11.7 Rentals of construction equipment and machinery .......................................11.45.3 Royalty payments. perm its and lleense fees ............................................ 11.4.5.5 Site office and temporary facilities................11.4. i,^- Special ConsulLants, CONTRACTOR's............ 11.4.4 Supplemental ......................... _..._....... ......... 1 1.4. i Taxes related to the Work............................. 11A. i,4 Tests and Inspection..._.._ ................................. 13.4 Trade Discounts.............................................1 l.4 2 Utilities, fuel and sanitary facilities. ................ 11.4-S.7 Work alter 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 ... ... ... ...... I ...... I, ..... .3 Day --definition of.. . ..................... ...................... . j 7.2.2 Decisions on Disputes ................................... 9.11, 9.12 defective --definition of -------------------- ._................... 1.14 defective Work -- Acceptance of.. ......................._............10A. L 13.13 EJCDO (,'LNER.kL CONDi*nONS 1910-S (1990 L-DITIO,14) w/ CITY OF FORT COLLM. MODIFICATIONS(RF,V 9199) I G I I C� 1 I I [] I Correction or Removal of ...._............._.10.4.1, 1.3.11 Correction Period.--_......................................13.12 n 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...................................111 Rejecting...........................................................9 6 Uncovering the Work ...... ................................. 13.8 Definitions............-.............._.................................. D Lnys......................................4.1, 6.29, 12.3-12.4 Delivery of Bonds ..................................................... 2.1 Delivery of certificates of insurance........................._2_7 Determinations for Unit Prices,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 9.10 Differing Subsurface or Physical Conditions -- NoticeOf .................................................._...-.4.2.3 ENGINEF.R's Review 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments ............ .4. 2.6 Disc rep a nc its -Reporting and Resolving...._.................I........2.5. 3.3.2, 6.14.2 Dispute Resolution-- Agreement................................................16.1-16.6 Arbitration ................................................. 16.1-16.5 general16 Mediation.................................. . ......................1.6. 6 Dispute Resolution Agreement ......................... 16.1-16.6 Disputes, Decisions by ENGINEER .................. 9.11-9.12 Documents -- Copies oF........... .............._... „ .....- - Record 6.19 Reuseof............................................................ 3.7 Drawings -definition of..........................................1-15 Easements.............................................................4.1 Effective data of Agreement -- definition of..............1,16 Emergencies............. _. _...................................... .............. .... ..6. 23 ENGINEER_ as initial interpreter on disputes ................ 9.1(9.12 definition oC_..._........._......_........................... 1.17 Limitations on authority and responsibilities,,,,, 9.13 Replacement ot.................... ........................_.... 8.2 Resident Project Representative .......... ................. 9.3 ENGINEER's Consultant -- definition oCI.IS ENGLNEER's-- aulhority tmd responsibility, limitations on...... _9.13 Authorized Variations in (he Work ....................... Change Orders, responsibility for __..... .7. 10. 11, 12 Clarifications and Interpretations_ .............. .6.3, 9.4 Decisions on Disputes ............................. 9.I 1-9.12 dejictive Work, notice of ................................... 13.1 Evaluation of Substitute Items ............................. 6.7.3 Liability... ti.32, 9.13 Notice Work is Acceptable ...... ....... .................. 14.13 Observations...........................................6.30.2, 9.2 OWNER's Representative........ _..._.._._...__.___....9 1 Payments to the CONE RACTOR, Responsibility for.....................................9.9. 14 Recommendation of Payment ,,,,,,,,,,,,,,„.„.14.4, 14.13 Article or Paragraph Number Responsibilitics--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. _6 Status During Construction.. authorizedvariations in the Work ................... 9 5 Clarifications and Interpretations .................. 9.4 Decisions on Disputes ........................ 9.11-9.12 Determinations on Unit Price,,,,,,,,,,,,,,,,,,,,,,,9.10 F.NCBNF,IiR as Initial (nterpreter,,,,,,, 9.11-9.12 F,NGINT;FR's Responsibilities.........I... .9.1-9.12 Limitations on FNGINF,F.R's Authority and Responsibilities ..................... I ......... 9.13 OWNER'S Representative .............................. 9.1 Project Representative ....................... ._........ .9.3 Rejecting Defective Work..............................0.6 Shop Drawings, Change Orders and Paymentq...................................9.7-9.9 Visits to Site_ -..................9.11) 9? Unit Price determinations ............................... . Visits to Site. ........ .......................... ._._.............R2 Written consent required ..............................72, 9.1 Equipment, Labor, Materials and ....................... Fj,3-6.3 lquipment rental, Cost of the Work ............ ,,.,.... 11A4 5.3 Equivalent \4aterials and Equipment. ....................... 6.7 error or omissions .................................................... 6.33 Evidence of Financial Arrangements .......................8.I I Explorations of physical conditions .... ...... I.............. 4.11 Fee, CONTRACTOR's--Costs Plus., ...................... _1 1 .6 Field Order -- definition of ....................................................... 1.19 issued by ENGINEER ................................ 3.6.1. 9._ Final Application for Payment ................................ 14.12 Final Inspection ............... ..................................... 14.11 Final Payment_ and Acceptance ... -_............................... 14.13-14.14 Prior to, for cash allovances1 LS General Provisions ...... ................................. ...17.3-17.4 General Requirements - definition of ......................................................1.20 principal roferences tp_.6, 6.4, 6.6-6.7, 6.N Giving Notice .................... 17.1 Guarantee of Work --by CONTRACTOR,,,,.„..6.30, 14.12 Hazard Communication Programs,,,,,,,,,,,,,,,,_...,,.., Hazardous Waste -- definition of ..................................................... I.21 general............ _.. ............... _....... _....................4.5 OWNF.R's responsibility for .............................. Y.10 LICDC. GLNERAL CONDITIONS 1910.5 (1990 EDMONI wl CITY OF FORT COUSN'S MODIFICATIONS (REV 9/99) I Indemnification. ................._....._._. 6.12, 6.16, 6.31-633 Initially Acceptable Schedules ._..._...„ ....... __-_._,....... 2.9 Inspection— Certificates of..............................9-13.J, 13.5. 14.12 Final...........................................................14.11 Article or Paragraph Number Special. required by ENGINEER .........................9.6 Tests and Approval ............................ 3.7, 13.3-13.4 Insurance - Acceptance of, by OIINF.R...............................5.14 Additional, required by changes in theWork, Before starting the Work...................................„2.7 Bonds and --in general .......................... ....... ... ... ...5 Cancellation Provisions.-...._.._...._ .................... 5.3 Certificates of...................2.7, 5, 5.3, 5.4.11, 5.4.13, ..................... J.6.5, 5.8. 5.14, 9,13.4, 14.12 completed operations,..., 5.4.13 CONTR4CTOR's Liability .............................. 5.4 CONfRACTOR's objection to coverage,,,,,,,,,, 5.14 Contractual Liability .... .................................. 5.4.10 deductible amounts, CONTRAC'fOR's responsibility................................................ $.9 Final Applicadon for Paymen.......................... 14.12 Licensed Insurers 5.3 Notice requirements, material changes ....... ,5.S. 10.5 Option to Replace .......... ..... ............................. 5.14 other special insurances.,_... .... ,,,,,,,,,,,,,,,,,,,,,,,,5.10 OWNER as fiduciary for insureds .............. 5A'2-5.13 OWNFR's Liability SS ..........8.5 OW- ER's Responsibility..... Partial Utilization. Property Insurance,,,,,,,,,,,,,,, �5.15 Property.......................................... I .......... 5.6-5.10 Receipt and Application of Insurance Proceeds.....,..,. ..................................... 5.12-5.13 Special Insurance ............................................. ?.10 Waiver of Riftts.............................................. 5.11 Intent of Contract Documents.... ....... I .................. 11 -3.4 Interpretations and Clarifications .....................3.6.3, 9.4 Investigations of physical conditions .......................... a. N Labor, N•laterials and Equipment ................... _..... G3-6.5 Lands -- and Easements...................................................3.4 Availability of ............................................. I.1, 3.4 Reports and Tests................................................8.4 Laws and Regulations --Laws or Regulations-- Bonds............. ................ ................ ............5.1-5.2 Changes in the Work;..............._.............._.......10.4 Contract Documents ................................ I I CONTRACTOR's Responsibilities ... ............... _6.14 Correction Period, defective Work ..................... Ii 2 Cost of die Work, taxes ...................... ....... ..11.4._.4 definition of ............................... ._...................I.22 general6.14 Indemnification_..................................... 6.31-6.33 Insurance ........................................................... 3.3 Precedence ...................._..-._.....__........,,,3.1, 3.3.3 Reference to .................................................. 3.3.1 Safety and Protection................................6._'0, 13.2 Subcontractors, Suppliers and Others ............ 6.8.6.11 Article or Paragraph Number Tests and Inspections ....... .........13.5 Use of Premises ................................................ 6.16 Visits to Site .......................... ..........................9.2 Liability Insurance-- CONf RACfOR's........... _................ _................ 5.4 OWNERS ........................................................... 5.5 Licensed Sureties andInsurers 5.3 Liens -- Application for Progress Payment .......................14._ CONTRACI'OR's Warranty of Title....................14.3 Final Application For Payment .........................14.12 definition of.,.,..., 1.23 Waiver of Claims............................................14. t5 Limitations on ENGINE M- s authority and responsibilities ................. _.............................. 9.13 Limited Reliance by CONTRACTOR Authai'rzd...................................................... `1=2 Maintenance and Operating Final Application Application for Payment .........................14.12 Manuals (of others) -- Precedence .................... _..... __.....................1.3.3.1 Reference to in Contract Documents ..................1.3.1 Materials and equipment -- furnished by CONTRACTOR. _... _ _..................... 6.3 not incorporated in Work ........... 14.2 \daterials or equipment --equivalent ........................... 6.7 Mediation (Optional)..............................................16.7 Milestones --definition of...............„.,,,,,,,,,,,,..,,,,,,.,1.24 Miscellaneous -- Computation of Timcs........................................17._ Cumulative Remedies ........................................ 17.4 Giving Notice .................__............................... 17.1 Notice of Claim ........... ..................................... 173 Professional Fees and Court Costs Included 17.5 Multi -prime contracts ....... ...__._._..... ............._........7 Not Shown or Indicated.._......................._.....a.3? ,Notice of -- Acceptability of Project ............. ....................... 14.13 Award, definition o(.......................................... =5 Claim............................................................17.3 Defects.13.1 Differing Subsurface or Physical Conditions... .... 4.2.3 Giving............................................................17.1 Tests andInspections.................. .- ............ ,...,... 13.3 Variation, Shop Drawing and Samplq.................6.27 Notice to Proceed - definition of......................................................l26 givingof ........................................................... 33 E1CDC GENERAL CONDITIONS 1910-S (1990 IDITION) wl aTY OF FORT COI.LINS MODIFICATIONS (REV 9f99) i Notification to Surety..............................................10.5 testing, independent, _.............. ......................... 114 Observations, by F.NGINEkiR...........................6:30, 9:'_ use or occupancy Occupancy of the Work,,,,,,,,,,,,,,,,,,, 5.15, 6.30.2.4. 14.1ti of the Work,.,.,_,,,,,,,,,,,.,,, 5.15. 6.30.14, 14,10 Omissions or acts by CONTR.ACTOR,,,,,,,,,,,,,,,6.9, 9.13 written consent or approval Open Peril policy form, Insurance ..... ..................... ?.6.2 required ............ ............................. 9.1, 6.3, 11A Option to Replace .................................................... �. 14 Article or Paragraph Number "Or Equal" Items......................................................6.7 Other work 7 Overtime Work --prohibition of ................ ................. 6.3 OWNER -- Acceptance of defective Work .......................... 1.3.13 appoint an ENGINEER ............ ........ ............. .., , S.2 as fiduciary ................... ............................ ..12-i.13 Availability of Lands, responsibility ...,_.,.,,,,9.1 definition of ..........................._........................1.27 data, furnish...... 8.3 May CorrectDejective Work ............................ 1114 May refuse to make payment, .......... ,.. 1.14.7 May Stop the Work ......................................... 13.10 May Suspend Work, Terminate .................... .......... S, 13.10, 15.1-1i.1 Payment, make prompt.......................3, 14.4, 14,13 performance ol'other work . .. .. ............................. 7.1 permits and licenses, requirements. .................. 6,13 purchased insurance requirements ...............5.6-5.10 OWNER'S-- ACCepIBRCe oIthe Or',..,,,,,_„__ 6.30.2.5 Change Orders, obligation to execute........., S,6, 10.4 Communications 3.1 ................................................. Coordination of the Work_._., _.. _ . 7.4 Disputes, request for decision .,. , ,9.11 Inspections, tests and approvals3.7. 13.4 Liability Insurance 5 ; Notice of Defects .........................13.1 ' Representative --During Construction, ENGINEERs Status 9'1 ...................................... Responsibilities-- Asbestos, PCBs. Petroleum, Hazardous Waste or Radioactive Material..,,..,._„_ ,8.10 Change Orders,,,,,,,, S.6 Changes in the Work,., .... ­_ ... ­­­­1 ... ­10. 1 communications 8.1 ............................................ CONTPLACTORsresponsibilitics.................. S.9 evidence of financial arranVments..............S.11 inspections, tests and approvals,,,,,,,,,,,,,,,,,,,,, S.7 insurance 3.5 ....................................................... lands and easements_...._ ........................... 3.4 ' prompt payment by.....................................8.3 _ replacement of ENLN GEER............... ,3.2 reports and tests.............................................SA stop or suspend Work,,,,,,,,,,,,,,,,,, S.3, 13.10. I S.I terminate CO\RRACTORs services_ _............ _....... _............... S. S. 1 ?.3 separate representative at sity,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 9.3 ECDC OLNMA L cwim rtONS 1910-8t1990 EDtTTOy wi CITY OF FORT COLLINS MODIFICATTONS 1RF.V 9.!99t ' SECTION 00020 INVITATION TO BID Date: January 12, 2011 ' Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on February 3, 2011, for the Window Replacement at City Hall; BID NO. 7198. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. ' At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 7198 Window Replacement at City Hall, located at 300 LaPorte Avenue, Ft. Collins. Work consists of removing and replacing 152 windows at City Hall. Work must be completed in the evenings after 5pm and weekends only. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado ' 80524. A pre -bid conference and job walk will be held January 25, 2011 at loam at 300 t LaPorte and meet in the lobby. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.isp Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions, Substantial Completion of the work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a ' Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. 1 Rev10120/07 Section 00020 Page 1 Article or Paragraph Number written notice required ........................7.1, 9.4, 9.11, ....................................11.2, 1L9, 14.7, 1 i.4 PCBs -- definition of 1-19 general.............................................................. 4.5 OWNER's responsibility for ................................ SAO Partial Utilization -- definition of, .....................................................1.2S general 6.30.14. 14.10 Property Insurance...._ ..... i.] 5 Patent Fees and Royalties ....................................... 6.12 Payment Bonds .................................................. * ... * ........ ....... * ... .... ** . . ...... ­ 5. 1-5. 2 Payments, Recommendation of .............. 14.4-14�7, N.13 Payments to CONTRACTOR and Completion -- Application for ProgrmPayments ........ ......... ... 14.2 COYMACTOR's Warranty of Title ............ .....14.3 Final Application for Payment ..........................14.12 Final Inspection ................ _ ............................ 14A 1 Final Payment and Acceplancq............... 14 13-14.14 _'Ieneral_ 8.3, 14 Partial Utilization _14.10 Retainage..........................................................1.4.2 Review of Applications for Progress Paym ents; ............................... 14,4-14.7 prompt payment...................................................8.3 Schedule of Valucs.'.­ 14.1 Substantial Completion .............................. t4,8-14,9 Waiver of Claims 14-15 when payments due ................................. 14.4, 14.13 withholding payment 14.7 Performance Bond ..................... - Permits 13 Petroleum definition of ....................................................... .30 general.............................................................. 4.5 OWN7ER!s responsibility for ................................ &I0 Physical Conditions -- Drawings of, in or relating to 4.7.1.2 ENIGM-FER's review ...... ........................... 4. 2.4 existing structures ................... ....... ­ ......... 4. -7. 2 general4.2.1.2 ......................................................... Notice of Differing Subsurface or ......... ........ .... 4.2-3 Possible Contract Documents Change 4. _2. S Possible Price and Times Adjustments,.,,,..,,,,_ 14.2.6 Reports and Drawings 0 .......... ...4. 11 Subsurface and Subsurface Conditions 4.11. 1 Technical Data, Limited Reliance by CONTRACTOR Authorized .................... 4_1_2 Underground Facilities -- general...................................... .................. 4.3 Not Shown or Indicrted ........................ - __ _. 4.3. 2 Protection of .........................................4.3. 6.20 Article or Paragraph Number Shown or Indicated 4.3.1 Technical Data 4. 2 1 Preconstruction Conference .......................................2.5 Preliminary Matters ................... Preliminary Schedules ............................................... ...........*'*'*.......*............... 2.6 Premises, Use of ............................................. . 6.16-6.18 Price, Change of Contrct ... I .......................................I I Price, Contract --definition (if .................................. ... ... .................... 1.11 Progress Payment. Applications fo� ........................ 14.2 Progress Payment--retai . nage ... ............ .................. 14.2 Progress schedule, CONTRxcrows .. ........ 17.6, 18, 19, ...... 6.6. 6.29. 10.4. 15.11 Project --definition of ...............................................1.31 .......1.31 Project Representative-- EINGITICERs Status During Construction 9.3 ..... 'L33 Project Representative, Resident --definition of prompt payment by O%VNFR ........ ....... 4 .................... 8.3 Property Insurance-- Additional.........................................................5.7 .­enerali.6-5. 10 Partial Utilization ................................ i. 15. 14. 10. 2 receipt and application of proceeds ......... ....5. 12-5.13 Protection, Safety and .............................. 6.20-6.21, 13.2 Punch list 14.11 Radioactive Material­ defintion of 1.32 genera14.5 C)%Vi\TF,R!s responsibility for ...................... ........ X.10 Recommendation of Payment,,,,,,,,,,,,,,,, 14.4, 14.5, 14.13 Record Documents_._.._._.._ .. - . .................. 6,19, 14.12 Records-, procedures for maintaining ........................... ? 8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies 3.3 Regulations, Laws and (or) ...................................... 0.14 Rejecting Defective Work .......................................... 9.6 Related Work -- atSite ........................................................ 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .......... .......... ti. _28 Remedies, cumulative ............. __ ..................... 17.4, 17.5 Removal or Correction off) Jectivo Work .... 13.11 rental agreements. OWNER approval required.....) 1.4.i,3 replacement of ENGINEER, by OWNER .................. .8.2 Reporting and Resolving Discrepancies ....... .................... 15, 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 EIC13C. GLNERAL CONDI r[ONS 1910.3 (1990 LDITION) iv/Cl rY OF FORT COM.N.SMOMFICA'TIONS (.RFV 9199) I I �J 11 1 I 11 I 1J I Article or Paragraph Number Resident Superintendent, CONTRACTOR's,_... I.......... 6.2 Responsibilities-- CONTRACTOR's-in general..................................6 ENGLNEER's-in general........................................9 Limitations on.............................................. 9.13 O\\�IER's-in general. ............................................. S Retainige............................................................Id.2 Reuse of Documents 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal......,_ .................6.25 Review of Applications for Process Payments.....................................14.4-14.7 Right to an adjustment ........ _...... . ..10.2 Rightsof Way .................................. ......_...... ......... a.1 Royalties, Patent Fees and ......................................6.12 Safe Structural Loading..........................................6. 18 Safety -- and Protection................................4.3.2, 6.16, 6.18, ----- .---- ........ .................._6.20-6.21, 7.2, 13.2 general ..... .................... ........................... 6?0-6.23 Representative, CONTRACTOR's.......................¢.21 Samples — definition of ......................................................1.34 general 6.24.6.23 Review by CONTRACTOR ...................... ___ --- :25 Review by E'NGI NEE:R..............................6.26, 6.27 related Work....................................................6.2S submittal of _......._........._--.. submittal procedures........... ............................... ... 6.25 Schedule of progress ............................. L6. 2.S-2.9, 6.6. ........................ ........... 1-6.29, 10.4. I5.2.1 Schedule of Shop Drawing and Simple Submittals 2.6, ................................ 2.8-2.9, 6.24-6.28 Schedule of Values ........................... 2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting...........................................................6.6 Change of Contract Times......„.....„ .................. 10.4 Initially Acceptable ................_.......... ..... 28. 2.9 Preliminary 2.6 Scope oC Changes ....................... ........... .....10.3-10.4 Subsurface Conditions ........................................ .11.1 Shop Drawings -- and Samples, general ................................. ._24-6.28 Change Orders C Applications for Payments, and 9.7-9.9 definition of......................................................1.35 EA'GfNF.ER's approval of .................................. 3.6.2 ENGFNEER's responsibility for review ..................................... 9.7, 6.24-6.28 related Work ........... review procedures................................2.8, 6.34-6.2S Article or Paragraph Number submittal required...............................................6.^_4.1 Submittal Procedures ........................................ 6.25 use to approve substitutions..., .......................... 6.7.3 Shown or Indicated .............................................. 4.3.1 Site Access......................................................7.1 13.2 Site Cleanliness ........................................................ 6.17 Site, Visits to -- by ENGINEER...._.....................................9.2. 13.2 byothers ....... ._...............................................13.2 "special causes of loss" policy form, insurance 5.6? definition of ................................................._ 1.36 Specifications-- detination of ................................ ...__............. 1.36 of Technical Societies, reference to....................3.3.1 precedence .......................................................i.3.3 Standards and Specifications of Technical Societies ........................................ 3:3 Starting Construction, Before .................... .......... 2.5-2.8 Starting the Work ............... ........................._...........2.4 Stop or Suspend Work -- by CONTRACTOR....................................I......13.5 by OWNER ................... I..................5.8, 13.10, 15.1 Storage of materials and equipment .....................4.1, 7.2 Structural Loading, Safety_ ........................... 6.18 Subcontractor -- Concerning................................. .............. 6.8.6.1 1 definition of ...................................................... 1.37 delays _.___..........__...................... - 12.3 waiver of rights., .............................................. 6.11 Subcontractors-•in general ............... :................. 6.8.6.11 Subcontracts --required provision$ ........ 5.1I, 6.11, 11.4.3 Suhm ittils-- Applications for Payment..................................14.2 Maintenance and Operation Manuals ............... Procedures...................................................... 6.25 Progress Schedules.._ ................................... .. 6. 1.9 Samples ........... .............. ............. ........... ..6.24-6. ^_s Schedule of Values ..... .. .............................. 16, 14.1 Schedule of Shop Drawings and Samples Suhm issions.. _.... .... ---- ... _... .........2.6, ' 8-? 9 Shop Drawings.......... ............................. 6.24.6.25 Substantial Completion — certification of ............................6.31.?.3, 14.S-14.9 definition of..................................................:..1.38 Substitute Construction --Methods or Procedures..._-- 6.7.2 Substitutes and "Or Equal" Items 6.7 CONTRACTOR's Expense...........................6.7.1.3 ENGINNE ER's Evaluation ................................. 6.7.3 "Or-E qua l"...................................................6.7.1.1 Substitute Construction Methods EICDC. GENERAL Co,\DITIONS 1910.3 (1990 L'DITION w! CITY OF FORT COLLINS MODIFICATIO\B IRFV 9199) Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items ............................................ AT L2 Subsurface and Physical Conditions -- Drawings of, in or relating to.........................4.2. 1.2 ENGNEER's Review ....................................... 4.2.4 general.............................................................. 4.2 Limited Reliance by CONI'RACI'OR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions ......................................... 4. 2.3 Physical Conditions 4.2.1.' Possible Contract Documents Chang................4.'2.5 Possible Price and Times Adjustments ............ ... 4.2.6 Reports and Drawings......................................4.1.1 Subsurface and....................................................4.2 Subsurface Conditions at the Site . .......... ...__., .11.1 Technical Data.................................................1.2 Supervision— CONT RICTOR's responsibility.... _.... _ ..............6.1 OWNER shall not supervise. ................................ 3.9 F,NGINF.FR shall not supervise,,,,,,,,,,,,,,,, 9.- 9.13? Superintendence ...................................................... Superintendent, CONTRACTOR'S resident.......... ..... 6.2 Supplemental costs...............................................11.4.5 Supplementary Conditions— definition of......................................................1:39 principal references to.................1.10, 1.1 S, 2.2, 2.7, ........................1.2, 4.3, 5.1, 3.3, 5.4, 5.6-5.9, ................ 5.11, 6.5, 6.13, 7.4, 5.11, 9.3. 9.10 Supplementing Contract Documents ..........................3.6 Supplier -- definition of......................................................1.40 principal references to...........3.7, 65, 6.8-6.11, 6.20, ..........................................6.24, 9.13, 14.12 Waiver of Rights...............................................6.11 Surety - consent to final payment,,,,,,,,,,,,,,,,_.,,.._ 14. 1), 14.14 ENGNEFIZ has no duty to,,,,,,,,,,,,,,,,, 9.13 ._..10.1. 105, 15.2 Notification of ............................ _ qualification of... ..........................................=.1-5.3 Survival of Obligations...........................................6.33 Suspend Work, OWNER May .......................13.10, 15.1 Suspension of Work and Termination -,,,,,,IS CONI RACTOR N4,av Stop Work or Term inate..................................._.......... li.5 OWNER May Suspend Work,,„.........................15.1 OWNER May Tzrm inate ............................ 15.2-15.4 Taxes --Payment by CONTRACTOR .....6.15 Technical Data -- Limited Reliance by CONTR\CTOR................. 42.2 Possible Price and Times Adjustments...............A.2.6 Reports of Differing Subsurface and Physical Conditions...........................4.2.3 xiv Temporary construction facilities.___ ....................... .1 Article or Paragraph Number Termination -- by CONfR-ACTOR...........................................15.5 by OWNER........................................3.3, I5.1-15.4 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 ofher............................. 13.2 CONTRACTOR's responsibilities ......................13.5 cost of 13.4 covering Work prior to .............................. 13.6-13.7 Laws and Regulations(or) .............................. _ 13.5 Notice of Defects. 13.1 OWNER Nlay Stop Work ... .............................. 13.10 014'NMR's independent testing„........................13.4 special, required by ENGINFER..........................9.6 timely notice required....._ ................................ 13.4 Uncovering the Work, at ENGLN-EER's request.......... _.........._......... _..............13. 5-13.9 Times_ Adjusting...........................................................6.6 Change of Contract.............................................12 Computation of.......................................I.........17.2 Contract Times--dzfmilion o............................ 1.12 day .........__...._........................................ 17.2.2 Milestones..........................................................12 Requirements -- appeals ......... ..___..._ ----- ............... Mo. 16 clarifications, claims and disputes,_..............9.I 1, t L2. 12 Commencement of Contract Times,,,,,,,,,,,,,,,, 2.3 Preconstruction Conference.,,,,,,,,,,,,,,,,,,,,,,,,,,,�.8 schedules.........................................=.6, 2.9.6.6 Starting the Work... .................. .................... 2.4 Title. Warranty of ................................................... 14.3 Uncovering Wort: ............................................. 13.5-13.9 Underground Facilities, Physical Conditions-- definition of .................................................... 1.41 Not Shown cTIndicated .................__.,__..__,,, 4.3.2 protection of.......-._.'--.._ ......... ..... I ........... a.3, 6.20 Shown orIndicated..........................................4.3.1 Unit Price Work-- claims.........................................................I,1.9.3 definition o(.................................................... 1.42 genera l l 1.9. 14.1. 14.5 Unit Prices— generalll.3.1 Determination for9.10 Use of Premises................................6.16, 6.13, 6.30.2.4 ... Utility owners.........................6.13, 6.20, 7.1-7.3, 13.2 Utilization. Partial ....... __..__-_IM 5.15.630.2.4, 14.10 Value of the Wort;...................................................11.3 Values- Schedule of _....... _.................2.6. 2.3-2.9. 14.1 E1CDC GGNER.A.. CONDFRONS 1910-3 (1990 EDITION) w/ CITY OF FORT COMANS MODIFICATIONS IREV 9/99) j I Variations in Work --Minor Authorized._ .......... ._........ .......... .... 25, 6.27, 9.5 Articlo or Paragraph Number Visits to Site -by ENGINEER ................. Waiver of Claims --on Final Payment.......... ........ . 9.2 14.15 Waiver of Rights by insured parties,.,...., ....5.1 I, 6.11 Warranty and Guarantee. General --by CONTRACTOR..... _ ...................................... _.b.30 Warranty of Tide, CON TRACTORs........................14.3 Work_ Access to . _.... _....................._ _............. 13.2 _........... byothers ............................................................... 7 Changes in the., .......... ..................... ......... 10 ' Continuingthe .............................................._ 629 CONTRACTOR iv4ay Stop lVcrk or Term inate ....................:........................... 1 i.5 Coordination of 7A Cost of the,. J1.4-I 1.5 definition of neglected by CONTRACTOR ... :............. ........... 13.14 other Work ............................................................. 7 OWNTER May Stop Work.......................... __... 13.10 1 OWNER May Suspend Work . .. 13.10, 15.1 Related Work at Site ..................................... 7.1-7.3 Starting the, 14 Stopping by CONTRACTOR ....... J.>.5 Stopping by OWNER_,,,,-, .. .............. 15.1-15.4 Variation and deviation authorized, minor ... Work Change Directive -- claims pursuant to, .......... ..................... ........... definition of . L44 principal references to, ............. ...... _35.3, 10.1.10.2 Written Amendment -- definition of 1.45 ............ l.lb, principal references trl'......................... 3.5, 5.10,15.12, ..6 (, 2, 6.5.2, 6.19, 10.1, 10.4, .........._................11.2, 12.1, t3.112, 14.7.2 Written Clarifications and Written Notice Required — Interpretations.Noti..__............................ 3.6.3, 9.4. 9.11 by CONTRACTOR 7.1, 210-9.11, ........... .--_._._................... 10.4. 11,2, 12.1 by OW,IER..............__.9.10-9.11, 10.4. 11.2, 1114 I 1 w [_I FICDC. GFNFRu. CONDITIONS I910-3 tt990 EDITION/ wf CITY OF FORT COU.NS MODIFICATIONS IRFV 919A (This page left blank intentionally) I I I I I t I xti EJUX! GENERAL COYDI nONS 1910-5(,1990 EDITION) , w/ aTY OF FORT COLLINS MODIFICATIONS (REV 9199) GENERAL CONDITIONS ARTICLE I—DEFINMONS Wherever used in these General Conditions or in the other Contract Documents the following terns have the meanings indicated which are applicable to both the singular and plural thereof: LI. Adcdenda--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 Document% are attached to the. Agreenwnt and made a part thereof as provided therein. 1.3. .application for Paimrent—The form accepted by ENGINEER which is to he used by CONTRACTOR in requesting progress or final payments and which is to he accompanied by such supporting documentation as is required by the Contract Documents, 1.4. Asbestos --Arty material that contains more than one Px:rcant asbestos and is friable or is releasing asbestos filers into the air above current action levels established by the United States Occupational Safety and I-Icalth Administration. 1.3. Bits -The ofTer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. L6: Bicichtw Docrmtents—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. I.S. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by 0,GNEER. which is signed by CONTRACTOR and 0W?fER and authorizes an addition, deletion or revision in the Work, or an adjustmentin the Contract Rice or the Contract Times, issued on or after the Effective Date of the Agreement. I.to. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONI'RACTOR'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 EtcDccENERAL coNDrttoN5191" a999 Ed(kn) wt ci TY oP FORT troth;'S .�tODIFICATto VS (lusv tttouu) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and EI GMEER's written interpretations and clarifications issued pursuant to paiagraphs3.=, 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 42.1 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 pnmgmph 11' 1 in the case of Unit Price Work). 1.12. Contract fires —'Cho numbers of days or the dues 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 6NGNEER's written recommendation of final payment in accordance with paragraph 14.13. 1.11 CONTRACTOR -=The Person, firm or corporation with whom OWNER has entered into the Agrerntent 1.14, ciefective—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 ENGrNEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWN MR at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Dnrivings--The drawings which slow the scope, extent andcharacter of the Work to he furnished and performed by CONTRACTOR and which have been prepared or approved by ENGNEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Etfective Date of die Agreentent—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it mearts the date on which the Agreement is signed and delivered by the Last of the two parties to si1_and deliver. 117. EAGLVTER—The parson, firm or corporation named as such in the Agreement. 1.13. EMOLVEM's Conardtma--A person firm or corporation having a contract with ENGINEER to furnish services as ENGr.VEER'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 EN-GNEER which orders minor changes in the Work in accordance with paragraph 9.5 but which dos not involve a change in the Contract Price or the Contract Times 1.20. General Requirements -Sections of Division I of the Specifications. 121. Hazardolu IV=te-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. La+vs and Regulations; Laws or Regulations -:Any and all applicable laws, rules- regulation& ordinances. codes and orders of any and all governmental bodies, agencies. authorities and courts having jurisdietion L22.b. Leeal flolickrrs--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. 124. ,bfflestone--.A principal event specilled in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1:_-3. V`atice of.4rvard-A written notice by OWNER to the apparent successful bidder suiting that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the tune specified. OWNER will sign and deliver the Agreement. 1.26. ,Votive to Proceed -A written notice given by OWNER to CONrRAC'rOR (with a copy to ENGINEER) fLung the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perfomt 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 123. Partial Utili_ation-Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purp> ) prior to Substantial Completion of all the Work 1.39. PCBs -Polychlorinated biphenyls 1.30. Petroteratt--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and I4.7 pounds per square inch absolute), such as oil, petroleum, fuel oil oil sludge. oil refuse. gasoline, kerosene and oil mired with other non-I-lacardous Wastes and crude oils. 1.31. Project -The total construction of which the Work to be provided under the Contract Ducuments may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive :lluterial-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EICDC 6ESERAL CONDITIONS 191 M (1990 E(Vtkll) w/CTIY OF FORT COLLIN9 MODIFICATIONS (REV IP000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 132.b. Regular 11,br£ine Hourr-Reuular workins hours are defined as ]:Oboe to 6:00pm unless otherwise specified in the General Requirements. 1.33. Resident Ptoject Representative -The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples -Physical evamples of materials. equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will he judged 1.3=. Shop Urawingr-:All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Spec fications-'chose 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 CON"rRACfOR or with any other Subcontractor for the performance of a part of the Work it the site. 1.38. Substantial Completion -The Work (or a specified part thereot) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGLNEER'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 FNGMI MER'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. Supplementatg Conditions -The part of the Contract Documents which amends or supplements these G meml 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 incorporued in Use Work by CONTRA( -`TOR or any Subcontractor. 1.41. Umlergrotutd Facilities-rVl pipelines, conduits, ducts. cables. wires, manholes, vaults, tardcs, tunnels or other such facilities or attachments, and anv encasements containing such facilities which have been installed underground to furnish any of the following services or I I 1 11 I 1 1 I 1 �I U F L 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 Not* -Work to be paid for on the basis of unit prices. 1.43. Mori --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work include 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. Poti- Change Directive —A written directive to CONTRACTOR, issued on or after the Etective 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 ctncrgencics under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1 di. lFitten Anrencbnerrt--A written amendment of the Contract Documents, signed by OWNER and CONITRt\CTOR on or after the Effective Date of the .Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PRELUNI NARY MATTERS Detireiy of Bondy: 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 parruvaph 3.1. Copies of Docuntmtc 2 OWNFIZ shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as am reasonably necessary for the execution of the Work. Additional copies will be furnished upon request, at the cost of reproduction. Conrnrencemeni ojContract Tinier Natice l,.Proceed- 2.3. The Contract Times will commence to run on the. thirtieth day after the Effective Date of the agreement or, LWDCGENEFLAL CONUInO\419io3 o990 Edam) a'/ CITY OF FORT COLLI; S MODIFICATIONS (REV .I1-000) 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 i cummense-to FuFrlateF-than-Ato-stiti�sy ok-Bid•opeimi»g•or-thathirtieth-day-after-the-ElfectivaData o6the- regiment, whicheverdate-is-earlier. Siartfn; the Work: ^_.a. CONTRACTOR shall start, to perform the Work on the date when the Contract Times commence to run. but no Work shall be- done at the site prior to the date on which the Contract Times commence to run Before Start Leg Construction: 2 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 contlict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from FNG(NEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or FNGNNEF.R for failure to report any contlict, error, ambiguity or discrepancy in the Contract Documents, unless CON'1'RACfOR knew or reasonably should have known thereof. 16. Within ten days after the Effective Date of the .agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENG NE -ER for review: _.6A. a preliminary progress schedule indicating the times (numbers of days or elates) for starting and completing the various stages of the Work- including any ,hlestones specified um the Contract Documents; 3.6.2. 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; 3.6.2.E In no case will a schedule be acceptable which allows less than 21 calendar days ter each review by Eneincer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aegregating the Contract Price and will subdivide the Work into component pans in sufficient detail to serve as the basis for progress payanents during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 17. Before env Work at the site is started, CONTRACI'UR aired-AV:ivi R shall exeh deliver to the otheF O MER, with copies to identitird-it• •" ,rmenutry-Eonditians ENGINEER, I I certificates of insurance (and other evidence of insurance describe a functionally complete Project (or part thereof) which—aidwi; 4t to be constructed in accordance with the Contract reaseRabb- rcyarsl rcauested by 0\Vi`fER) which Documents. Any Work, materials or equipment that may CONTRACTOR is required reasonably be inferred from the Contract Documents or to purchase and maintain in accordance with front prevailing custom or trade usage as being required to paragraphs 5.475:6-ami-:577, produce the intended result will be famished and performed whether or not specifically called for. When ('reconstruction Conference: words or phrases which have a well-known technical or construction industry or trade meaning are used to ' 2.3. Within twenty days after the Contract'rimes start to describe Work. materials or equipment such words or run, but before any Work at the site is started, a conference phrases shall be interpreted in accordance with that attended by CONTRACTOR EN'GRTEER and others as meaning. Clarifications and interpretations of the Contract appropriate will be held to establish a working Documents shall be issued by ENGINEER as provided in understanding among the parties as to the Work and to paragraph 9.4. discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other 3.3. Reference to Standards and Specifications of submittals processing Applications for Payment and Technical Societies: Reporting and Resolving maintaining required records. Discrepancies: InNal(rAcceptableSchedules: 3.3.1, Reference to standards, specifications, ' manuals or codes of any technical society, organization 2.9. Unless otherwise provided in the Contract or association, or to the Lines or Regulations of any Documents, al -leas '. net governmental authority, whether such reference be `^�,Pl,aat;anz�f4ayt»tnt Wore any work at the site be_in� specitic or by implication, shall mean the latest a conference attended by CONTRACTOR, ENGINEER standard, specification, manual, code or Laws or and others as approix4ttte designated by Okk t FR, will be Regulations in cticet at [fin time ofopening of Bids (or, held to review for acceptability to ENGINEER as provided on the Effective Date of the Agreement if there were blow the schedules submitted in accordance with no Bids), except as may be otherwise specifically paragraph 2.6. and Division I - General zg_uements stated in the Contract Doc6ents. ' CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit 33.2. It; during the performance of the Work, the schedules. No progress payment shall be made to CONTRACTOR discovers any conflict, error, CONFTRACfOR until Elie schedules are submitted to and ambiguity or discrepancy within the Contract aIN .acceptable to ENGINEER as provided below. The Documcnts or between the Contract Documents and ' progress schedule will be acceptable to F.N-GfNFF.R as any provision of any such Law or Regulation providing an orderly progression of the Work to applicable to the performance of the Work or of any completion within any specified Milestones and the such standard, specification, manual or code or of any Contract Times, but such acceptance will neither impose on instruction of any Supplier referred to in paragraph 6.5, ENGRFER responsibility for the sequencing, scheduling CONTRACTOR shall report it to ENGINEER in ' or progress of the Work nor interfere with or relieve writing at once, and. CONTRACTOR shall not CONTRACTOR front CONTR\CTOR's full proceed with the Work aftected thereby (except in an responsibility therefor. CONTRACTOR's schedule of emergency as authorized by pamgmph 6.23) until an Shop Draw•utg and Sample submissions will be acceptable amendment or supplement to the Contract Documents to F.NGfiNFER as providing a workable arrangement for has been issued by one of the methods indicated in reviewing and processing the required submittals pangraph3.5 or 3.6: provided, however. that ' CONTR\CTOR's schedule of values will be acceptable to CONTR\CTOR shall not be liable to OWNER or ENGINBER is to foram and substance. ENGENE•ER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have ARTICLE 3—CO.YTR.IXTDOCUMENTS: 04TEmNT, known thereof. ' AMENDING, REUSE 33.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the Intent: methods indicated in pamat+raph 3.- or 3.6, the ' provisions of the Contract Documents shall take 3.1. The Contract Documents comprise the entire precedence in resolving any, conflict, error, aunbieum aseement between O%VN1 2 and CONTRACTOR or discrepancy between the provisions of the Contract concernng the Work. The Contract Documents are Documents and: complementary; what is Idled for by one is as binding asif called for by all. The Contract Documents will be 3.3.3.1. the provisions of any such standard, construed in accordance with the law of the place of the spmitication, manual, code or instruction (whether Project. or not specifically incorporated by reference in the 3.2. It is the intent of the Contract Documents to Contract Documents); or ' Eicoc OENER.u, COND1IIONs 19104 (1090 Esem) 4 w/CITY OF FORT COLLI NSMODIFICATIONS(REV IPOW) 1 7 33.3.2. 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, CO[`rrRAGrOR or ENt3INF,ER, 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, FNGNEER or any of F,NCrINF.ER'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 descrile a requirement, direction, review or judgment of ENGIINT-ER as to the Work, it is intended that such requitement, 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 confomtanec with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is it specific statement indicating otherwise). The rue of any such term or adjective shall not be effective to assign to ENGNEER any fluty or authority to supervise or direct the Cumishing 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. tnrenr6)rg and Supplementing Contract Documents 35. The Contract Dceuments may be amended to provide for additions, deletions and revisions in the Work or to modify the terns 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 E1CDC:GE.N'EIt:V. C'OWITIO\T 1910-8 (1990 Edtim) IV/CITY OF FORT COLLI \i MODIFICATIONS (REV •1,1000) 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. L A Field Order (pursuant to paragraph 9.5), 3.6.'2. ENGMM's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.16 and 6.27), of 3.6.3. ENGNEER'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 organiration Performing or furnishing anv of the Work under a direct or indirect contract with OILNFR (i) shall not hive 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 F.NGINEF.R or FNGINIF.ER'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 L•';`IGNEER and specific written verification or adaptation by ENGINEER ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS vailabiliry ofLandv: 4.1. OWNER shall punish, 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 Etparreasonablr written request; 01t;WE sm Cement-ot:rev:ord-lags t-title-n nd-legs I-dea:ri pat ionoFtha lends-u pon-w hich-the-Work-is-to-be-per form of -end OW11ER's-intcrest-lhereirrxs-rm;essxrv-for-givim� noti« of -or -filing a-nhaofwni�s-lint-agninu-such-Imriis-in HC6 xHml.-Regu&ions 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 obtaineel and paid for by O%VNIiR 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 OWN-''[, s furnishing these lands, rights -of way or casements, CONTRACTOR may make.a claim therefor as provided in Articles I I and 12. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director Rev10/20/07 Section 00020 Page 2 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 1.Z Subsurface and Physical Conditions: 4.2.1. Reports aid 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. Piwsical Conctions. '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. 422. Limited Relimice by CONTRACTOR Aurhoricect Technical Data: CON'it-\CrOR may rely upon the gener l aceumey or the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical dam" is identified in the Supplementary Conditions. Except for such reliance on such'technical (Ma", CONT'RACrOR may not rely upon or make any claim against OWNER, ENGfNEFR or any of ENGINEFk's Consultants with respect to: 4.22.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Dierirg Subsurface or Physical Conditions: If WNTR\CTOR believes that any subsurlirce 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 ptaragaphs 4 2.1 and 4.23 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 EXI)COENELAL CONDITION.—) I9IU (1990 E(itim) %V1 CITY OF FORT COLLI NS ❑CODIFICATIONS (REV 42000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recou sized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in COnriectien therewith (except in an emergency as permitted by paragraph 6.23), notify OCWe ER 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 F.NCi1\rF,F.R's findings and conclusions. 415. Possible Contract Docrments Change: If ENGINEER concludes that a change in the Contract Docunments 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 Charge Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4-2.6. Possible ['rice and/ Tinter A,#tistments: 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 CONTR\CfOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in pnmgraphs 4.2.3.1 through 4.2.3.4, inclusive; 42.6.2. a change in the Contract Documents pursuant to paragraph 4.15 will not be an automatic authorization or 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, arty adjustment in Contract Price will be subject to the provisions of paragraphs 9. 10 and 11 `:and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times i f: 4.26.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTIL-kCTOR made a final commitment to OWNER in respect of Contract Price and Contract 'r imes by the submission of a bid or becoming bound under a negotiated contract: or 4.2.6.4.1 the existence of such condition could reasonably have been discovered or revealed as n result of any examination investigation, exploration test or shady of the site and contiguous arras required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTKACTOR's making such final commitment; or 4.2.6.4.3. CONTR\(:roR tailed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in .-Articles I I and 12. However, OWNER, FNIGINEER and ENGINEFRY Consultants shall not be liable to CONTRACTOR for any claims, casts, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Phatiieal Conr6dons-Underground Facilities: 4.3.1. Shoun or Intffeated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is baud on information and data rurnished to OWNER or FN'GNF.F,R by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OW ER 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 he included in die Contract Price and CONTRACTOR shall have full responsibility ldr. (i) reviewing and checking all such infor motion and data, (ii) locating all Underuround Facilities shown or indicted in the Contract Do uments,(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 paragraph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. :Allot Shoun or Indicated: If an Undenroumd Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, cot\r RACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions af% cted thereby, or perfumting 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 coNvrrto:M Islas (19w Editiat) wr CITY OF Foar COLLINS atoulFtcxnoxs (REV a¢000) give written notice to that owner and to OWNER and CNIGMEER. ENGNEER 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 ENGINMER concludes that a change in the Contract Documents is required, a Work Change Directive or a Charge Order will be issued as provided in Article 10 to reflect and docurent such consequences. During such time, CONTR-ACTOR shall be responsible for the safety and protection of such Underground Facility as provided in ptragraph620. CO\' RACTOR sitag 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 Document% and that coi\rrR\CTOR 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 ngree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CON R.AC'1'OR may make a claim therefor as provided in Articles I I and 12. However, OWNER, FNGNF.ER and ENGNFF,R'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. Rgferuace Points. 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGNEER's judgment are necessary to enable CONfR.4CTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points Lind shall make no changes or relocations without the prier written approval of OWNTR. CONR:ACTOR shall report to ENGCNEER whenever any reference point is lost or destroyed or requires relocation because of neccssry changes in grades or locations, and shall he responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos. PCBs, Petroleum, 11a:urelous Waste or Radioaetive Material, 45.1. OWNER shall be responsible for any Aslestos, PCBs, Petroleum, Hazardous Waste or Radioactive \Raterial uncovered or revealed at the site which was not shown or indicted 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 silo. 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. •1-i=60s�I-�Ra6•FOI�slxtll-immadintalrr-(t}akl - ni<ttrElettssondiEiEmrFand _�.1-�.rtuinrtv..l A �n� .,.. eftaf-c;EEium such -notice -in -writ irt�l.—OlL's�FER-sltnl4-promptly consult-with-EN'GEIEER-concrmirg ffi -r eessity-for (�Wz:GR-Eo-retnirrn-gtmlihad-rxpatt-ttravnlunta-such hnatetltws-eendiEieR-er-Fedtr-eurrasttva-twti0n, if any. ( UNFRA6FOErshalk•nut be required-to-resttme-Work in -an taci •trrtdittorz-eFiR-tarty suah,.Ir._I ....._. .. Until nuP*c-has-ebtnined nny-required-premiss-related-thereto-nnd-delivered-to thatpeeled-nee.�� rendered :4- tof-,'`R--rtsutrlptiaR-of-Wank, ar F —n*; any 5pecia -Worlk-ttenv-Fx-rasumad-sttfaly-lk-''R�`.,"`:,5:'rnnd GCS ti TR \GFOR ern neE ngrcv-es t rzntiElam wt-to-er mount aF e!aent of an: I' tment-1- -WlorlrstE>*ge-or-such-specinl-conditions-under-which -Wrrk-is-need-by GH:"FfL-\EFBI�ta-hr-rzsumrd; either- pnrty--may-m2!�a-a 1aa-tkerefer-Rs-puce-idzd-in ltAft F urea Of soh-spea.,.1-�a EO�'FRr\GTAR-drxs-noEngrzr-to- rzsetma-sR:h-wcxk based of a t movable belief it isansafe. ef dee� na! ... to Fe!a] ._�.,,�--.. n�.,,.r, rtr.._l, - Mdl.�; .h-speeial uinEfitiarE�thaa-C3W�:Ei Inn}-cedar-sash-portion-eE. tow-Wark-thnt-i. h-hReaklouis eatxiitielror-in-such-nETaetad-arcs-to-bz-de eyed-fiom Ill. Wed. If OWN'" n _.d !Y'Ry'ro >rTnrR _..RnnF FlgrtanSEa2nktElrRlrnE-t(TOF I}KmlTe W 160Fdli2nE Ut-nR Hdjtrstremre-�iEr�.y�rGet+VHCE-Price-or(�ertVnet� ieerzs -,,,- -da. .I-lating sueh-prnw:� fir the Wedi, then eiElteFpatihmarmnka-n-claumthzrz€or-as-provided-in Affte!as-F{-'rii .iR�_r�� rci. can :.ray-;-Q:.�' sueFrdziefzd portion-o€-the-\4ork-pzrfemmd-by-OOW NEIr's-own forcesoFodtzrs-irraatxdanca-with-AtticM-� 1.6. Teo`ie Ii:llest-r'ttzRt-penxittzeF-by-bHws and Regulations GW.:F.R-shall-in<kmnifir-and-hold hanntz._: 60NTIis\OFOR- Sulxt>trtracttxs: c *r r�� _rco per r�rrro• Gonsuitants and th c>t'tierrs,—d irzctoFs,—rm)�loyrrs�agr nts,—othee wnw Itants-tmEl-adxorttmciors-o€-each-anel-rmv-o€ them-from-Hrtd-Ht_Hirct-Htf-eMimx-tusU-tosses-and cktm ngas-arising-out-o€-oFresu Itvtg-€roar-such i}any -Such 61Him, wst-tass-tx-demagz-is-attributable-to-bodily-injury: SRiIiMSrEiISrH�-�c Eli-iirRFh,-eH(i-IRfnFFt<YOFEILSWIcHHFl o€-tHt �ibla-Property--(oUtrr-than-the-\4urlritsett} incledin� the-loss-of-use-rawltin� thrraGom-tmd (ii}rwthin� aft-l{1t5-SUbpN[H'�'rHph-3-y:�'ShHII-e�bIF�H(C OWNER to -in kmniky env pawn -or entity from -and a=Rirtst-Etta-cettsrEprtae.Rs-oE-Fhat-pr':.. •",o..-.,-rr-e nttty!s own-Reglagc ecr. ateFiRi-u nkin-.ge i OF Fayanl •A.cd at the c_'+'ar EXI)C OENIRAL W NDI'lIONS 1910-5 0990 EL itial) w'1 C'rrY OF FORT C'OLLI NS MODIFICNI IONS (REV 4!! 000) ART IC L E;--BONDS A -ND ENSURr4N C E Puformmnee, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONI'R,\=R'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. CONTR.AC'TOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the to= prescribed by the Contract Documents except as provided otherwise by haws 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 Accepmble Reinsuring Companies" as published in Circular 570 (amended) by the .Audit Stan, Bureau of Government Financial Operations, U.S. Treasury Department At Bonds signed by an agent must he accompanied by a testified copy of such agent's authority to act. 5.=. If the surety on any Bond famished by CONI'RAC'TOR is declared a baa--rupt 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 pamgmph 5.1, CONfRACTOR shall within ten days thereafter suhstituec another Bond and surety, both of which must be acceptable to OIWi TR. 5.3. I.icmved Suretiev and Insurers: Certifrearer of Insurance: 5.3.1. All Bonds and insumce required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or Insurance companies that are duty licensed or authori7cd in the jurisdiction in which the Project is hated 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. 5.32. CONTRACTOR shall deliver to OR'NER. 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 ims recD which CONE RACTOR is required to purchase and maintain in accordance with paragraph 5.4. C WN- ER -shall ElritV2F-lEw-rc' c>?FFiC-\`'Teri s:.Flz-sates-{ Hvh additional-irtsu red-itlrnti6et!-ire-The-Supplementary Eontl k on"s�' 'sa"ttiftcw FegUiH IU PUF katssrand-maintain-inR@ RrdeRsa-iVith C0NTIL4CT0R's Liability Insurance.- 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Nark being performed and furnished and as will provide ' protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CO iTRACTOR's other obligations under the Contract Decunrenls, whether it is to. be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability ' benefits and other similar employee benefit acts; 5.2. claims for damages because of bodily injury, occupational sickness or disease, or death 'of CONE RACPOR's employees; ' i.4.3. claims for damages because of bodily injury; sickness or disease, or death of any person other than CONTRACPOR's employees; ' :3:4-claims-for-danang2 insured-b%-custexnary deft- Ire-sustttfrtcd- Eta-by--an}-pe;�r, ,R;-R F -%1FF-Zn-afteA'9e d restly-or n.Fet�to-t#aatttiple?meat-<>f-slieh-parsntt-hy qg�41�kgTOP� BF ' other -reason: 5.4.5. claims for damages, other than to die Work itself because of injury to or destruction of tangible property wherever located, including loss of use ' resulting dierefrcxn; and 5.4.6. claims for damages because of bodily injury or death of ,my person or property damage arising on of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shalL 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect or professional liability). OWNER. ENGINEER. ENGINEER's ' Consultants and amv other persons or entities identified in the Supplementary Conditions, till of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insured; 5A.S. include the specific coverages and be written ' for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations. whichever is greater, 5.4.9. include completed operations insurance; EXDC GE:`IILw. COWI'IIOND 19195 (1990 E(fitim) ' w!CITY OF FORT C'OLLIMMODIFICATIONS(REV IP000) t iA 10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain it provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACT OR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insumnce fumished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting• removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, rehnain in effect for at least two years after final payment (and CONfRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 01PNER'.s Liability Insurance: i 5. in addition to insurance required to he provided by CONTRACTOR under paragraph 5.4. OWNER, at OWNER'% option, may purchase and maintain at OWNER's expense OWNERS own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Proper(? Insurance. - Co rid i i ions- R-shal I-purchase-n nd-mn inter in property-inst+rxrx;tapore-thrl4erkrt�the sit- in� of-tlx-full-mplf1e21112I1E-EVSt-FhtfeOf (SUI)j2(}[-[O-SUGfI cl2dueti bla-amtxtnts-ns-m ttv-ba-prociektt-in-the Supplementaarp-CorKhtiona-or-required-bv-L:says-and Rau l.�tions).-"['his-insurmtcashn lF 5: ti-l—inol ode—the—interests—uk—()�VNER: 6`Ca?.''FF��61R, SFrbrc�ntinstors,—E?iEPlEfii>� L3a:EiFi:}-.SfiF cY6FlR'.iLLfktiRESiand-fifty-(1[h2FpeiSEKL"rCF era ili2s-ident it i2d-irt-the-Supplam enttrry-Condit ions; eachoC-whom-is-deemed-tohave-an-imurablr i ntecest and shall -La -listed us -an -insured ut-additional-insured; written-race-Buikkrs-Rsk='fit l ask -or S111.11 At 1 H'T ill kidt-inSUFHAUi CeFm- damage to the WME, tempefaty '.:+t+xtrtsiarid shall insurn- against -al-fats, the r^'v,-t,.:riL.=lire—''2..a' .,.•^ ;r^a.�tend2d mvrpaga-thrtt-v.'mclal ism -a Ixl-MAI icious-mischiLF, ..n,...:t tualie aeImollap_edLbFis-rLneacal- Clem alitiun spesifivally FNuiFed-by the-SuppkmLMaFy-Genditieas 56.: imiudk- xpernrs-im:urred-in-the-repair replacement o"ny-insured-property-(including-bktt-not l:-'t-tl tR f.... And _1..._..._ ,.f - And architee*. and cry EipnteaFSFeEnd eFthL sits OFAt-AtwthLFlaLAtiott-Ehet-was-A�zL:l-to-in-writingby d pFecied th iptaent-have been reeeMmeadrtd bY-�:oc.zz-cc-=.rsa J.9.�. �.^,.a:;:EP1nCCl-a}-ClleGt-unnl-IW!{-paymLnt-is made unle.� e0wnyiW ageed to in writ nl\f\.L'D nn\TD \nTnD And thiRy a^;•a v�iuLr�notie�ta-LAsh-other-sdditionPl iFt-Ufe ao=arinsuEAnee-hq.%A m issued- }taiatatfl-a11e11-'bo ileF .....1 " H..hia-.. -ftddltiaaai-pfep2EE4-FRSklFflnee ns-may-ba-require&t)y-the Supplentzntnry-G(;Mitiorts-i)F haws-and-Rtgalatiotts-whieh Ye 11 include-the-'aitertsts-of .��rnD,c. beentin torM�i;NG!tiF6R-' 6?IEtWSE6P'^''-^..'.�.•.^^a ^^.-ethLr-par.'snseFLMiti�s the is-dzLmLd te-have-enirlsruablL-iMzrzstanFshalFlx-listed-As an insured oF adAitianA,'-iexu & �:S—VI the-po ieie9s of-insufanee -fEtttE4-Ehe-eeEEiFicYaLs-c�F OFhLF-eek:Letea-FhLE.moo rEz�. 'qe..�a-to_�bo--E^RtFohas-,' cord It}win[wined-bv-Otiti1"hR-inaceoEdrutce-with-pnmgmphs ?:6 Etfld-J�mlrf-fF-pFtwiSlt}n-EN=Zall:iaf^oLmtTa-khlfE-FIrL coverage-PtFoFdzcl-wit I-not-tx--enncLl ILd-ur-Enatzrinl ly GhPEM�'Ld-OFEeFewai-FefUSLd-kln(41-PFILa5F1 hl RY-dPVS=pF10F written -notice -has-been--went-tt -()"tR-oral whom-A-ezRii ictltL-ot=it>suranca-!a'ts-been-issued-nnd-will contain -waiver i.9. OWNER shall not be responsible for purchasing and maintaining any properly insurance to protect the interacts of CONTRACTOR. Subcontractors or others in tlw-W.aFl,to4hL xteM-of-uny-deductiblL mounts-t#vn-nra idrnEified-in-the-Supp(cmertW ty-Eomlitions=fhe-ttsl:-ol la::�within ,ue#t-icknt+tied-alLehwtiblo-amtwn�-wi{I-ba-6oFna .1any such -loss -a nd-i f-any-of-them-wishes-property-insurance mvervt_e-tviEhin-the-limits-of-su =•h-amounts-caeh-may purchaseand-n}ainain-it-at-thepurchis ers own expense. :IEk-[F-EU�-pR-.-�UFF>('.-rcyuests-urwritiE� thAt-other spear Ry utsuransL 4�all, if theFeef will be EhaFged4 e GQ�4PzWTQR by ppsepriate ��r-�n^L 1 t.: :.� �l[Pn�Ord2' E�i�{}12F'h'�nem. Ur FJCDC GEZER.4LL CO WITIO.`41' 191"(199U Edtim) 10 uI CT'[Y OF FORT COLM hSAIODIFICATIONS(P-EV 4r'000) GontmeneemrnFoFthL-6VorkaFtho-sita; l?ti-4'YGR-shall-ia F-of-neFs'ach sthLF ins imne, h hF t—tl<aiver-fj-I&ghrs: .444.-OWNAR-Hnd-FChN�pR- iC.TORrintrn&thAFAlI policies-purchaseJ-itraceordAnca-with-peragmph,�6 And c 7 wij' - rwra SttbconlrAz[ors.—EYGIYEER: ba-Y(i[:�iE6R's Cant+!tans and-sll-athLFparsenssr-ntities-idLnttifizd in ,o--oorrR••... insureds-OFAfid l[ IOI}A!-ItLSF}r2d.9-4n-StIC{T-pOih'.t 'v5-And w+N--providrPFunAt eevztagrfaF-All--kraes-Aad dwnageg sa ^�aoz,; •�a-pLFils-sovLrLd-EherLb All Sii2lt�allah4:rF1AFI-zaRlAiftpPB�iSton4FO�Fhz-eff2eEEHRE r-a,C--cnT,.-vi--poj:,TeFtE-af--efiy-IE56-AF_fflegc the i+1.5aFzr5-w'iti-i1AYtneEfghLSdl-reeaVzry-ft�Aiffit-AAV-Of HgHinsk FI}r-6L5k1r2d5-eF-eddlEieFla{-inSUECdS--tlh42andeF: .aeh ...Lomr-o hef ali-v.c..,l .f. .:t-reMxlA:.raf�nrl-,_...- direstors_-zFlrpiavzzs-and-ngznLs-for-All--I,.--�,-.,.,^^ a dAals�;z'r-eAttSzd-l�AFisiA��-aaE-eE-or-rrsulttrta fttxtt t'z-perilc--eavrreEl-bv-suclrpolicies-rand-Any ,Vix�cM .rFfaf'a-^pp�..l.l. • .vv�cavv o�.rr-a, tlr,.-f.. ,,...1 m-addition-wAn'e-a!P Y. ueh-`f1�2L9-a�atn5iA Subeentmefers E,-..•'r_.Wl6GR, 6N(;_NF5F;R,. Consultants -and -all ofher-f zm)t s tx-entities-identitied ia-tha-SupplznxrttArII Ge! t{itiem to Fie -listed --as insurcxis-aFAdditien44nsuFth" RdeF-such-palieizsfoF lows ^.a •I^•^^ • t^ ^^ e^aused. -Petra-of-thL bavL wAfve.Fs-5Ia4\-wnd to-Ehe-FighLS-FFw6-Aay--pAFP' utaking-such-}wFivzFntay-Nava-ttrthz-proceeds-o€ irtsurattstlxld-Fiv-E?`t'"..-.rr'..-.o -s-tatstaE� • ,••,r�,.�r...•••.:•' Ixlyable-uexkr-Artv-pt�4 icy-so-istiurtl ..aa'✓ 1 6t.. I .'e..—n,-..®;ckNa:-{-i{��ift-4iilrV�.-A.rF.,^r_,..o ago i„5t—�ou:pr.���TolzstlbG�nlmGtur�: �'-uctcx. �c"-.orn.-Pc`r'T-1��9-EOrI5tm8nti-6nE�F}tt officers-directors-employees-nnd-ngens-of-any-of them-foF ot=usu-tx-otheFmnsequLMin!-luzs--evtznding Fxyond-d'vzeE-physit�:l l-lass-or-damage-to eF !he ' ki eeused by. arisiFlg-txtt-oFor-result ins-fro»-fire-oFtxheFperik whether-or-nubi ruurcd-bv-O�4NER=tend -l•1. =.^_: loss-ur-da stage-to-tha-completed FFejtst-sF-pltFFklxrtErf�l;nusLkFbl-nrtsiF�-ottl-r.>EoF resulting-holmlire-or-other-insured-peril-oovernl bj=Hfly-pFHpL# V-HLtiklmFltiU'-tf1FImFa1...v-c'�ir-ihL E<4nplCFCd-pr06F-OFpiIFi�IICFCai-bl=� du rift; -pit rtial-uUli'al Eiwt-pu[sua nt-to parat�uph-I �i: f � �-after-Substantial-Eumplelion pursuant-to-ptlneuruph-k4:F-oF-a kteFCmtFpttyment pursumt'to- pit ntitt�_ � PaFing ys Can"-41dntlPl-loss-E:tc-mS.c'cES�FFIri-. wit racovtry-against-enrol-rO-�CFRt\GTOR: Sub;o+ttracturs: ' ants -find lho-of ieers: dtr(6teF5 emp . Receipt and Application of Insurance Proceeds 5.12. Any insured loss under the policies of insurance required by pamgraphs>.6 and 5.7 will be adjusted with OW\'ER and made payable to 0kVT\UZ as fiduciary for the insureds. as their interests may appc.tr, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account anv 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 damagcd 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 : \mendm ent. 5.13. OWNrER as fiduciary shall have power to adjust rind settle any lass with the insurers unless one of the parties in interest stall object in writing within fifteen days after the occurrence of lass to OWNItR'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 panics 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 ^^-�...,"' -ey��.1-r. ... r^�lx=arxytafty-ia intefa, nrvve^o, n^,s�.{I-owlx±ttd-fox-the uties. Acceptance of Bonds and In.vurance; Option to Replace: 5,14. If either 4'4'E&--o�EO?.'FF2;•IEF OWNER has any objcc6on to the coverage afforded by or other provisions of the Clotho$-uF insurance required to be purchased and maintained by the other —peaky CONTRACTOR in accordance with Article > on the basis of non-confar m once with the Contract Documents, the objeetin� party-shall-su-rwtiE'y-Ehtother-party OWNER will not rV CC NTRACTOR in writing within ten fifteen days after receipt delivery of the certificates (or-otheF-evidenca requested) to OW-y-E .,M required by parigmpit2.7. nuv%.-4HR tRd GONTivco, orr>. GTOR sfi`.ii-lkatF(rt/Mttia-Ft)-f:iL other-such-additiotmal-intbnttation-in-respect-ofun rance provi(k(d-ns.-Iht-ether-ma�Ftnsunttbky-request [f-either partv-dots-nut-purchase-or-maintain-all-of the -Sent -and uuum nca-rqu ual-of-such-pot-by-the-rontrnct 1�uusuch partyi{ i at %V—flh+ ulhaf pafti=ta wFitir� of-such-failure-to-purchase-prior-tu-the-starboFtht lktrk,er-e}:such-failure to-maintam-pfioF4o-arw-change- the-r<quira�Eer-rrag�At'idwuEprrjutiiea-Frrany- W heFriJ3t or-remedy-the-other-party-m,i -elect-to-obtain-e(tuivalent Bonds -or insivanerto-prutetE-such-other-patty's-interests-at iha-expanse-uFthe-ptuty-whu-teas-rayu irt(I-tu-providasuch «use,:.=.- 6onunck-fkicraa�(xdtr�{y: Partial Utilization -Property Insurance: :.U. If OWNER Grids it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC QENERAL CQ\VIT1ONs 19 dos (1990 EJitiai) me/CITY OF FORT COLLI 115 MODIFICATIONS ((EV ,f/!00o) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.I6, 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 partiul use or occupancy. :ARTICLK 6-CONTRACTOR'S RESPONSIBILITIES Sups idort and Superintendence: 6.1, CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence or otters 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 sec that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGM-ER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All wmmunications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, :Materials and Equipment: 63. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as ncluired by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise re(uired for the safety or protection of Ne . ns 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 workint hours and M\]TR\CTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER'S written consent "oven after prior written notice to ENIGMER CONTRACTOR shall submit requests to the ENGLN-EER no less thin 48 hours in advance of anv Work to be performed on Saturdav, Sundav, Holidays or outside the Regular Workin¢ Flours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall famish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. Gil NrchasirL Restrictions CONTRR%uroR must comply with the Citv's purchasing restrictions. A ctpv of the resolutions are available Cur review in the offices of the Purchasing and Risk Management Division or the Citv Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers (if cement or products containing cement to certiry that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. all warranties and guarantees specifically called for by the Specifications shall Lxpressly run to the benefit of OWNER If required by F.NGNEER, CONTRACTOR shall famish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment All materials and equipment shall be applied, installed, connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONfR.-\crOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6,1. CONTRACTOR shall summit to ENGNEER for acceptance (to the extent indicated in pamgmph2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will clime*e the Contract Times (or \,ilestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Chance Order or Written :kntendntcnt in accortlartce with Article 12. 6.7. Submitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type. function and quality required. Unless the specification or description EJCDC GENE LAL CONDITIONS 1910-8 (1990 Edition) l= wf CITY of roRTCOLLIN'5h1ODIPICA'rIONS(ItEV.arl000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. Vr-Equal". If in ENGINEER's sole discretion an item of material or equipment proposed by CON'r P_-kgrOR is Cu ct orally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENTG NF.F.R's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGNEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as on "or -equal" item under subpantgmph 6.7.1.1, it will be considered a proposed substitute item. CONfRACI'OR shall submit sufficient information as provided below to allow ENGMEE,R to detemaine that the item of material or equipment proposed is essentially equivalent to tint named and an acceptable substitute therefor. The procedure t'or review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGNEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to tumish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to EINGNTil72 for acceptmce thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general designs, be similar in substance to that specified and be suited to the same use as that specified The application will state the t_stent if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement or Substantial Completion on time, whether or not acceptance of the substitute Cur use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER Cur work on the project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. W variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by die resulting change, all of which will be CONTRACTOR shall perform riot less than 20 considered by FNGMER in evaluating the proposed substitute. ENGINEER may require percent of the Work with its own forces (that is without subcontractintz). 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. CO:VM4CTOR'sExpense: All data to be provided by COrNTR\CTOR in support of anv 6.5.1 l�-tha-Supplemerdaey-conditions Diddine ' proposed "or -equal" or substitute item will be at Documents require the identity of certain CONCRACTOR's expense. Subcontractors, Suppliers or other persons or organizations (including those who are to famish the 6.71 Substitute Cauonc'tion Ifedluds or principal items of materials or equipment) to be Procedures: If a specific means, method technique, submitted to OWNER in-advance-ot=the-speeified ' sequence or procedure of construction is shown or data prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNIFR and FNGINF.M aod-if Document., CONTRACTOR may furnish or utilize a GONTR GR 11.1 .... ...;:ma,' a Iist� substitute means, method, technique, sequence or aeeerdame--`r'iUl--tklr- Setppletttentary—Gonditieas:, procedure of construction acceptable to FNGINF.F.R. OWNER's or FNGINF'ER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allowENGINF.E.R, in ENGINEE.R'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 bt• the CpntmCt d7CCUn1Cn[S. any-Such-SubEenVaeteN Snppher- oth2 per:4n-aF The procedure for review by ENGINEER will be I-.. �'1 .� I 1 •L- :1r+��eniFAt,e.;-;<,-,�.I t ftee-nra�be-revt*'e e,,;-.,,� similar to that provided in subparagraph 6-7.1.2- bans-e�reasenabla-ubj� •�.n^n^-, o.L.._•�nc�stiyttierr in which .•(l.t•Y fl,l'TA[�St4tt{—SUilflilt�lH u 6.7.3.Engineer'.v Evaluation: ENG[NF.ER will b: aeeeyntabla--s, ,-;r--;Mat Price will--he allowed a rmsonablc time within which to evaluate adjusted-bv-t;e. nei-in-th, 2est-a otsioned-bv each proposal or submittal made pursuant to such-sullstitution-mid-aft-approprinte-C-hanga-Order ' paragraphs 6.7.1.2 and 6.7.2. E:NGNGER will be the will be issued -., -or-Tr ttenr�dnendment-sit tech 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 ENUINEER's prior written acceptance which will he persons or organization on the Work unless pnor 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 furnish at CONTRACTOR's FNGINF.ER 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 ENGNE•ER will record time required by defective Work. ' ENGNEER and HNGNEER's Consultants in evaluating substitutes proposed or submitted by G_9. CONTRACTOR pursuant to paragraphs 6.7,t.2 and 6.7.2 and in making chances in the Contract 6.9.1. CONTRACTOR shall be fully responsible to Documents (or in the provisions of any other direct OIVNER and ENGENE-ER for all acts and omissions ' contract with OWNER for work on the Project) of the Subcontme<or-, Suppliers and other persons occasioned thereby. Whether or not ENGINEER and organizations performing or tirmishing any of the accepts a substitute item so proposed or submitted by Work trader a direct or indirect contract with CONTRACTOR, CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is ' OkV\rEIZ for the charges of ENGINEER and ENGTNEER's Consultants for evaluating each such responsible for CONTR\CTOR's own acts and omissions. \nothing in the Contract Documents shall proposed substitute item. create ter the benefit of any such Subcontractor, Supplier or other person or organization any 63. Concerning Subcontractor, Suppliers and contracted relationship between OWNER or Others: FNGINT FR:md any such Subcontractor. Supplier or other person or organizaation. nor shrill it creme anv 6.8.1. CONTRACTOR shill not employ any obligation on the dart of OWNER or ENN "GEER to Subcontractor, Supplier or other person or ormam.zation pay or to see to the payment of any moneys due any (including those acceptable to OWNrFR and such Subcontractor, Supplier or other person or LNGMT-ER as indicated in paragraph 6.3.2), 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 LNG 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 orother person ororganizntion CONTRACTOR in accordance with ' to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. CONTRACTOR'S ":Applications for Payment". Exec GENER.u. Cowrnoys tztos (1rw Edow) 13 ' wv anv or FOR Cotu us MODIFICATtoNS tREv a('oou) 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 LNGIINMR through CONTRACTOR 6.10. The divisions and sections of the Specifications and the idattitications of any Drawings; shall not control CONTRACTOR in cfividing the Wort: among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTFOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specilically binds the Subcontractor or Supplier to the applicable tents and conditions of the Contract Documents for the benefit of OWNER and EiNGINF;ER. Whznavzr-an%-sash-ate zmznt ..ith .. v.l....,_..•. - c...,..r...,..«n�r.s--., r.tad-as-an r�r adtlitiena�irsurz�errtht-preperty--irnararre<provided-in CR \ETOR-arid-the-Stthzentmctor-or-Supt-lier-will cvaettain-1 Visiart�r-lvatrrl�r`tlx-Sub eonuaeteF'ot-Snpkdiee .,a .'.1..� ., nu.,Icp r-rnt•ro arrnv_ �ti�1N699 '9 Consultants and all oth 1......... „_,r a.lagas used-Iiy; ttrisirtg-cxteeF�rzsultirty�i?Exarany-a€+}tz�zri}s-cowered-by ,.1. _, I:"•'" aAdll a"o5`. }xFprgwny'insurance applienble4e the-Work—tf-the-insurers-ext-nnv-such-pot totes -require separate waiver-('ornt4t Fx-si tzcElw-aft-v-Sttbzcmtraztet-er t l the same. Patent Fees and Rovalties., 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 CNGLNEER its use is subject to patent rights or copyrights atlling for the payment of any license fee or rovalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemnifv and hold harmless OWITER, ENGNEER ENTGIN -ER's Consultants and the officers, directors, employers, agents and other consultants of each and any of them from and against all claims, costs, losses and damaues arisinu out of or resulting from any intiineement of patent rights or copyrights incident to the use in the perfumtance of the Wort: or resulting from the incorporation in the Work of any invention design process, product or device not specified in the Contract Documents. EJCDC GENERAL CONDITIONS 19108 (1990 E(fiaim) 14 Iv/ CrtY OF FORT COLLI 4: htODIFICA'rIONS (tL. iV �L?000) Permits 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for ail construction permits and licensers. 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 ElTective Date of the A.,Teement. 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 rents. 6.r1. Laws andRewlativns. 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Reggulation% applicable to furmshing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall he 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 accordant: with Laws and Regulations, but this shall not relieve CONTRACTOR of CONI'RAC'TOR's obligations under paragraph 3.3.2. Taxer 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 plan: of the Project which are applicable during the terfomtancr of the Work. 6.15.1. O\b'NER is exempt from Colorado State and lord sales and use taxes on materials to be permanently incorporated into the project. Said Utxes shall not be included in the Contract Price. CONTRACTOR most apply Ibr, and receive, a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be phvstailly incorporated into the project. This Certification of Exem tip on provides that the CONT'RAC'TOR shall neither paav nor include in his Bid, Sales and Use Taxes on those building and construction materials phvsicalh• incorporated into the oroiect. Address: Colorado Department of Revenue State Capital .annex I I I 1375 Sherman Street Darn•ar Calomdo SU_61 Sales and Use Taxes for the State of Colorado. Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on env items other than construction and buildim_ materials Phvsically incorporated into the protect are to be raid by CONTRACTOR and are to be included in appropriate bid items. Use of Prenei cec 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the opprraations of workers to the site and land and areas i�den['ified in and permitted by the Contract Documents and other land and arts permitted by Lacs 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 reslwnsibility for any damage to any such land or area, or to the owner or occulxmt thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claun be made by env such owner or occupant because of the performance of the Work, CONTP—M TOR shall promptly settle with such other party by negotiation or othawisc resolve the claim by arbitmtion or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Lars and Regulations, indemnity and (told harmless OWNER ENGENME•R ENGNEER'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 OWNIER, ENGMER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWTIER. at Subsumlial Completion of the Work. CONTRACTOR shall restore to ori;dnml condition all property not designated for alteration by the Contract Documrnts. 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 put of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EKIX;OENERAL CON II710;NS 1910S (I>`M Eaitiaa) act CITY or FORT COLu M MoulplCnlous (REV ar000) 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 Onlars and written interpretations and clarifications (issued pursuant to pamgmph 9.a) 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 pavment, these record documents. Samples and Shop Drawings will be delivered to ENGINEER for OWNER, Safetyand Protection: 6.20. CONTRACTOR shall be responsible fur initiating• maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety oC and shall provide the necessary protection to prevent damage, injury or loss to: 620.1. all persons on the Work site or who may be affected by the Work; 6.302all the Work and materials and equipment to be incorporatedtherein, 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 properly 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 nffect then, 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 6.203 caused, directly or indirectly, in whole or in pill, by CONTRACTOR, any Subcontractor, Supplier or any other person or organimtion directly or indirectly employed by env of them to perform or fumish any of the Work or anyone for whose acts any of them may LY 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 Olh'NER or ENGINEER or LNGfNEER's Consultant or anyone employed by any of them or anyone Cor 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 ENGfNEER has issued a 15 SECTION 00100 INSTRUCTIONS TO BIDDERS 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 arty exchange of mnterial 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. E'nrergencier 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 authcrintion from OWNTR or ENGENEE.R, 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 chance in the Contract Documents is squired because of the action taken by CONTRACTOR in response to such an emergency, a Work Charge 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 Dmwings to ENG[NE12 for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph ? 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 ENGENTEER the materials and equipment CONTR\C'rOR proposes to provide and to enable ENGNNEER to review the information for the limited purposes squired by paragraph 6.26. 6.214.2. CONTRACTOR shall also submit Samples to DxCMNEER for review and approval in accordance with said accepted schedule of Shop Draw•in3s 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 I6 EKOC OEFERAV. CONU1IIOh'Y 191" (1990 E liti M) nYC FY OF FORTCOLLIASAtODI171CA'rtONS(REV a2000) purposes required by pargmph6.26. 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, materinls, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended usc, fabrication, shipping, kindling, storage, assembly and installation pertaining to the performance of the Work, and V 6.25.1.3all information relative to COilrrRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and progrmns incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Stunple 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 CONrR:\CTOR's obligations under the Contract Documents with respect to CON'rRAC'I'OR'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 curse 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 SNOINTER as required by paragraph 2.9. ENGINEER'S review and approval will be only to determine if the items covered by the submittals will, alter 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. ENG[NEER'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 I I [1 1 17 construction is specifically and expressly called for by the Contract Documents) or to safely 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 fix by NGNMER 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 6.26.3 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 front responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Wherc a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Dmwing and Sample submissions accepted by NCr Ii`IEER as required by paragraph2.9. any related Work perfonued prior to ENGINF.ER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Cantinuing the f -ork: 6.29. CONTRACTOR shall ctrry 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 p;tragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONMICTOR's Ceneral tkarranh, and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER LIGINEER and NGINEER's Consultants hit all Work WIII be in accordance with the Contract Documents and will not be tkfective. 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 CONTR-ACTOR, 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 EICDCGESER.u, CONDITIONS Ivlos 1I990 Editiaq w/ CITY OF FORT COLLNS \CODIFICATIONS (R EV aR000.) 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 ENGLVEER; 6.30.2.2. recommendation of any progress or final payment by ENGLNU-R; 6.30.2.3. the issuance of a wnificatc of Substantial Completion or any payment by OWNER to CONTRACTOR wider the Contract Documents; 6.302.4, use or cecupancy of the Wort., or any part thereof by OWNER; 630 2.5. any acceptance by OWNER or any failure to do so: 6.302.6: any review and approval of a Shop Dmwing or Sample submittal or the issuance of a notice of acceptability by ENGINF.FR pursuant to parngrnph 14.13; 6.30.2.7. any inspection, test or approval by others; or 630.2.8. any correction of ekfective Work by OWNFR. /nduimif cation: 6.31. 'ro the fullest c\tcnt permitted by Laws and Regulations, CONTRACTOR shill indunniN and hold harmless OWNER, IENG rE\ZER NGUEER'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 tiom the performance of ilia Work, provided that any such claim, cost, loss or damage: (i) is attributable to tidily injury, sickness. disease or death, or to injury to or elestruction of tangible property, (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in port 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 it person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence oranv such person or entity. 6.32. In •ny and all claims against OWNER or ENGUEER or any of their respective consultants, agents, officers, directors or employers by any employee (or the survivor or personal representative of such employee) of CONTRACTOR. any Subccntrador.:ny Supplier, any person or organisation directly or indirectly employed by 17 any of them to perforin or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph631 shall not be Itrnaed 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 workene compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR tinder pamgnph631 shall nut extend to the liability of ENGINEER and ENGNEER's Consultants. officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Sartiral of Obligations: 6.34. All rLpresentntions, 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 Da:unents, 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 perfomt other work related to the Project at the site by OW1ER's own foray, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work perforated by utility owners. If die fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claun 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 ns to the amount or extent thereof. 7.2. CONTRACTOR shall atlixd each other contractor who is a party to such a direct contract and each utility owner (and OIVi`.rER 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 uvork 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 intc6rute with such other work. CONTRACTOR shall not endanger tiny work of others by cutting, exwvatirg or otherwise altering their work and will only cut or alter thew work with the, written consent of LIGNEER and the others whose work will be affected. The duties and responsibilities of CONI'RACI'OR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable I S EJC DCGENEKAL CONDIIlONS 191048 (1990 EJitiaa) w/ CITY OF FORT COLLINS MODIFICATIONS (RLV 4rr000) provisions for the benefit of CONTRACTOR at &aid direct contracts between OWNER and such utility owners and other contractor& 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 ENGNEER in writing any delays, defects or deficiencies in such other work that render It unavailable or urSLilable for the proper execution and results of CONTRACTOWs Work. COIINTR\CTOR's failure so to report will constitute an acceptance of such other wort; as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. CoorrHnation: 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, time 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 Ix provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordirnation. MITICLE S—OWNER'S RFSPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall irsue all cornmunications to CONTRACTOR through ENGNEER. 8.2. In case of termination of the employment of ENGINEOWNER sh: ll appoint an engineer against whom-60NTRAC—TOR—makrr nu-reawrmblre>bjcw:tiurt whose starts under the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNNER's duties in respect of providing lands and easements and providing cngimermg surveys to establish reference pomts are set forth in paragraphs4.1 and 4.4. Paragraph 4.2 refers to OWNER's 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 L 11 structures at or contiguous to the site that have been utilized by E, IGINEER in preparing the Contract Documents . . . s-in Edspeu aatMteiataining-linbility-a,.e-FrGRtirtst+renia-arn-set Forth-irrparagraphs-through-571.0: 8.6. OWNER is obligated to execute Change Orders as indicated in paragaph 10.4. 3.7. ORNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4 U. In connection with OWNF.R's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. paragraph 15? deals with OWNER's right to terminate services of CON f RACTOR under certain circumstances. s.9. 'rhe OWNER shall not supervise, direct or have control or authority over, nor be responsible for. CONTRAGrOR's means, methods techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONI'RACI'OR to comply with laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not Ica responsible for CONTRAC1OR's failure to perform or famish the Work in accordance with the Contract Documents. s-u>—E34ktitiFt•e�ra:: n-respect-af-anr issle:,td :lstxsta�pEES petrol ran, u,,.,,ro'—WREN- F Radieaet[ve-\ terials--uneovxad-ofro:cakd-a"he-site--is sat-kKthgrr-�s to -tarnish atrangaments-hour-been-wads-ta-aat ify-O W'�iECL-'s uhti•�rtior>•u--uatfee-the-Eexttrset-Documents-0?W'sFER's rasponsibil ity-in-raspaet-thereof-will-bsns-saEfprth-vt-tha SupplamenW rv-6ond interns - ARTICLE. 9-ENGINEER'S STATUS DURING CONSI-RUC•RON 016iNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and re::ponsibilities 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 oCOWNER and ENGINEER. I isits to Site: 9.2. ENG[\EER will make visits to the site at intervals appropriate to the various stages of construction as ENGNEER deems neccsrary in order to observe as an experienced and qualified design professional the progress EXDC GENER.a. CONLHTIOM) 1910-8 (1990 Editienj w'/ CITY OF FORT COLD NS MOOIFIC'ATIONS (REV U--OW j that has been made and the quality of the various aspects of COIs.'rRACTOR's executed Work. Based on information obtained during such visits and observations. ENGNEER will endeavor for the benefit of OWNER to determine. in general, if the Work is proceeding in accordance with the Contract Documents. ENGINF;F.R will not be required to make ednaustiveor continuous on - site inspections to check the quality or quantity of the Work. ENGNEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against &festive Work. ENGINEER's visits and on -site observations; are subject to all the limitations on ENGINEER's authority and responsibility .set forth in paragraph 9.13, and particularly, but without limitation. during or as a result of ENGINEER's on -site visits or observations of coNrRACrOR's Work ENGNEER will not supervise, direct- control or have authority over or be responsible for CONI'R.,\C'rOR's means, methods, techniques, sequences or procedures of construction, pr the safety precautions and programs incident thereto, or Car any failure of CONTRACTOR to Comply with Laws and Regulations applicable to the furnishing or perfomnnncc of the Work. Project Representative: 93. If OWNFR and ENGINEER agree, F.NGINFER will furnish a Resident project Representative to assist E\GNEER in providing more continuous observation of the Wcrk. 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 ConditioFis of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGENIMUs Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in tlto,Sttppfetttetttarv-6arnlitiurts ptra}rtph2.3 oFthcse General Condition: (Fthc FNGNF,F.R furnishes a Resident ('reject Reptrstntatice (RPRLcr other assstants, or it the OWNEC2 designates a Rep es5mtative or agent, all as provided in pamgraoh 9.3 of the General Conditions, these Relxesentatives shall have the atuthortty and limitations as protiided in paragraph 9.13 of the Ceneml Conditions and shall be suNcet to the following: 9.3.1 The Revresentatice's dealitwa in matters N-ruining to the on -site work will, in general. be with the ENC NEFR and CONTRACTOR But. the Representative will keep the OR'NER pr tp_rly advised about such matters. The Representativ-A dealings with subcontractors will only be throuLh or with the full knowledge and approval of the CONTR.4C'f6R 93.3 Duties and Responsibilities. Representative will: 9.3.2.1. Schedules Rewiew the nrocress 19. schedule and other schedules prepared by the CONTRACTOR and consult with the RiGWEER concaminu acceptability. 9.3.2.2. Conferences and Meeting - Attcnd meeting with the CONTRACTOR such as preconstruction conferences, RMg ss meetings and other iob conferences and prepare and circulate copies of minutes of mectin s. 9.3.2.3. Liaison 9.3.2.3.1. Sere as ENGINF:E.R'S linison with CONTRACTOR working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR. in undaswding the Contract Documents. 9.3.2.3.2. Assist in obtaining from OiINER additional details or infomiatiom when rewired for proper execution of the Work. 9.3.2.3.3. Advise dw F,NG INEE.R and CONTRACTOR of the commencement of am• Work requiring a Shop Drawing or sample submi.�mon if the submission has not bc�m approved by the Es fGWEER- 9.3.2 4.Reviety of Work Rzjection f efective Work, Inspections and'rests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGWEER in determining that the Work is proceeding in accordance with the Contract rkxumcnts. 9.3.1.4.3. Accomgmy visiting ins ep ctors representing public or other agencies havhtg jurii.sdiction over the Project record the results of these inspections and report to the ENG WEER. 9.315 Interpretation of Comract Documents. Report to ENGINEER when dantimums and intemretations of the Contma Documents are needed and transmit to CONTRAUl'OR clarification and interpretation of the Contmut Doctunents as issued by the a\'GLNEER 9.3.2.6. Modifications. Consider and evatuate CON•rRACrOR'S suggestions for T� EJCDC OENULkL CONDITION$ 1910-8(1990 Editim) ml C1lY OF FORT COLLINS MODIFICATIONS (REV 4r1000) modification in Drawings or Specifications and report these recommendations to ENGMT-ER. Aocumtcly transmit to CONTRACTOR decisions issued by the F-NGN-EER 9.3.2.7. Records. 9.3.2.8. R ports 93.2.81. furnish ENGINEER periodic reports as re uu ired, of the prow,less of the llrork mid of the CONTRACTOR'S compliance with the pLgess schedule schedule of shop Dmwims and sample submittals y}_-L2C'onsttlt witli L_NGL�IL1~R_irt advance of scheduling ma-L gr tests, inspections or start of important pinases of the Work 9.3.2.8.3. Draft proposed Change Orders and Work Directive Cham s. obtaining l><tckup material from the CONTR-ACfOR and recommend to Ei`iG INFER Change Orders, Work Directive Cktrmes and field orders. 9.3.2.8.4. Report immediately to ENGINEER and 0%%NER the occurrence of anv accident. 93.19. 9 Pavment Requests. Review applimtions for y-mcnt with CONTRACTOR for corn Ip iance with the established procedure for their submission and forward with recommendation to GNGE\EER, noting particularly the relationship oof requirements of the Contract Docmnents (in the form of the Mvmrnt renursted to the schedule of values. Drawings or otherwise) as ENG[NEER 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 Dtcuments. Such Work. written clarifications and interpretations will be binding on OWNER and CONTR.AC"COIL 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 ENGNEE•R issues a or the Contract Times and the parties are unable to agree Certificate of Substantial Complettpn submit to the amount or extent therwC if any. OWNER or to CONTRACTOR a list of observed items CONTRACTOR may make a written claim therefor as rcqulrim-3 cufeclaon or completion 9.3:'_.10.2. Conduct final insp cction in the provided in Article I I ur Article 12. Authori;ed Variations in [Fork: comtxmv of the ENGINEER. OWNER and CONTRACTOR and prepare a final list of 95. EVGINF,FR 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 adustment in the 'Times 9.3.'_.10.3. .Observe that all items on the Contract Price or the Contract trod 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 Ix accomplished by n Field Order and will be hinding on OWNER and also on ' 9.3.3. Limitation of Authority: The Representative shall CONTRACTOR who shall perform the Work involved not: promptly. ITOWNER or CONTRACTOR believes that a Field Orch:rjustilics an adjustment in the Contract Price or 9.3.3.1. Authorize anv deviations from the the Contract Timus and the parties arc unable to agree as Contract Documents or accent any substitute to the amount or exarnt thereof, OW'Ni iER or ' materials or equipment, unless authorized by the CONTRACTOR may make a written claim therefor as FNGINF•.F:R. provided in Article I I or 12. 9.3.32. Exceed limitations of ENGINEER'S Rejecting Defectn,e Work authority as set forth in the Contract Documents. ' 9.3.3.3. Undertake any of the responsibilities 9.6. F..NGINF.FR will have authority to disapprove or of the CONTRACTOR, Subcontractors, or reject Work which FNGW..FR believes to be defective, C QNTR \CTOR'S superintendent or that ENGf:VEER 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 anv^aspect of the completed Project as a functioning whole as indicated by means, methods, techniques, sequences ur the Contract Documents. ENGINEER will also have progzdures for construction unless such authority to require special inspection or testing of the specifically called for in the Contract Documents. Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed 9.3.35. Advise on or issue directions regarding_or assume contrQ,I over safety Shop Drawings. Change Order; andPat'nients: procautions and prms in connections with the World. 9.7. In connection with ENGNEER:s authority as to Shop Drawings and Samples, see paragraphs 624 through 9.3.3.6. Accept Shop Drnw ngs or sample 6.23 inclusive. submlpals from anvone other than the CONTRACTOR_ 9.3. In connection with ENGf,NEER's authority as to Ch:mge Orders, see Articles 10. 11, and 12. 9.3.3.7. Authorize OWNER to occupy the ' \Vork in whole or in part. 99. In connection with ENGINEER's authority as to Applications for Payment, see Article Id. 03.3.S. Participate in specializrd field or laboratory tests or inspectiun� conducted by others Determineuians for Unit Prices: e�«pt as speciticdly authorized by the b'.NGENIEER 9.10. ENGNEER will determine the actual quantities ' and classifications of Unit Price Work performed by Clarifrcationsand Interpretations- CONTRACTOR. 2iGNFER will review with CONI'ItACfOR the ENUINEER's preliminary ' 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the determinations on such matters before rendering a written decision thereon (by recommendation of an Application EICDCGENER.V, CONDITIONS 191M (1990 Edam) 21 wt CITY OF FORT COLLI NS MODIFICATIONS (REV 4!`000) 1 for Payment or otherwise). ENGNEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR unless, within ten days after the date of MY such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appppecaal from ENGINEER'S decision and: (i) an appeal from L-N'GTNEER's decision is taken within the time limits and in accordance with the procedures set forth um 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 form of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEFR'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 air Dirputes.• 9.11. ENG INFER 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 requirement-.. of the Contract Documents pertaining to the performance and furnishing of the Work and claims Linda Articles I I 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 dine 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 LNGEN'CER 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 FNG[NF,F.R allows additional time). DiGENUER will render a formal decision in writing within thirty days alter 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 tiom 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 OWI TER and CONTRACTOR pursuant to Article 16. or (i) if no such Depute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGWFER's written decision is delivered by OWNER or CONTRACTOR to the other and Lo 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 EICDCGENERLILCONUI110AXS 1910-8(1990 EStim) wi C11Y OF FORT COLLI, SIODIFIcArtONS(REV4R000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under parrgraplis9.10 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 Leith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs hs 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 pamgmph 14.1=) 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, disputc or other matter-pursuemHo-Artic". 9.f3. Limitations on ENGLVEER's Authority and ReTonsibititiev. 9.13.1. Neither ENGINEER'S authority or responsibility wider this Article 9 or under anv other provision ol'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 performaricc of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by IENG ,VEER to CONTRACTOR, any Subcontractor, any Supplier; any other person or organu ninon, or to any surety for or employee or agent of any of them. 9,132. 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. ENGINTEER will not be responsible for CONCR-\CTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. LNI GfNEER will not be responsible for the acts or omixsions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1'A. ENGINEER'S review of the brut 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 J I 1 responsibility set forth in (his paragraph 9.13 shall also apply to CNI GINGER's Consultants, Resident Project Representative and assistants. Al2TICLF: I0—CIi.4VGFS IN'raE 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 stall be performed under the applicable conditions of. the Contract [)moments (except is otherwise specifically provided). 102. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of due Contract'rimes that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contmet "runes with respect to any Work performed that is not required by the Contract Documents as amended, moditted and supplemented as provided in paragraphs 3.3 and 3.6, except in the case of an emergency as provided in foragraph 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) wquired because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the panics: 10,4.2. changes in the Contract Prix or Contract Times which are agreed to by the partics; 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 pampaph 9.11; provided that, in lieu or executing any such Charge Order, an appeal may be taken from tmy such decision in accordance with the provisions of the Contract. Documents and applicable Laws and Regulations, but durina 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 E1CDC GERER.V. C'O,Wt'110\S 1910S (1990 Editiem) WCITY OF FORT COLLI,S \IOUIFICATIOVS(REV,IC000) (including, but not limited to. Contract Price or Contract Times) is required by the provisions or 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 acconlingly. ARTICLE tt—CHANGE OF CON'I'IL\CI' PRICK I I.I. 'rho Contract Price constitutes the total conulxnsation (subject to authoriwd adjusuaents) payable to CONTRACTOR for performing the Work- AR duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall fx at CONI' RACTOR's expense without change in the Contract Price. 11.2. 'rho Contract Price may only be changed by a Change Order or by it Written Amendment Any claim for an adjustment in the Contract Price shall N Ixuseti on written notice delivered by the party making the claim to the other party and to ENG(NEER promptly (but in no event later than thirty days) alter the star 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 claunant:s written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as ❑ result of said occurrence or event. All claims for adjustment in the Contract Prix shall be detenmined by NGINEER in accordance with paragraph9.11 if OWivGR and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price Mill be valid if not submitted in accordance with this paragraph 11 =. 11.3. The value of any Work covered by it Change Order or of any claim for an adjustment in the Contract Price will be determined as fullows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prigs to the quantities of the items involved (subject to the provisions of 23 11 paragraphs 11.9.1 through 11.9.3. inclusive); 11.32. where the Work involved is not covered by unit prices contained in the Contract Documents• by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.62): 11.33. where the Work involved is not covered by unit prices contained in the Contract Doitments 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 protit (determined as provided in paragraph 11.6). Cosa of the IVork• 11.4. The term Cost of the Wort: means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11A.1. Payroll costs for employees in the direct employ of CONTRACTOR. in the perfonuanee of the Work under schedules of job classifications agreed upon by OWNER and CONrRAC'rOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not eniploved full-time on the Work shall be apportioned on the basis of their time spent on the Work Payroll costs shall include -but -net be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation health and -retirement benefits, burtmes; siek ieavcr.aeat ort tind holidaypayapplicable 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 till 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 shalt accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CON'rR4CfOR shall make provisions so that they may be obmined. 11.43. Pn•nurits made by CONTRACTOR to the Subcontractors fur Work performed or furnished by Subcontractors. If required by OWNER, EXI)CGESMAL CONDITIONS 191M (1990 Editiut) °4 W CITY OF FORT COLLIIZOIODIFIC.4'rIONS(REV •1r000) CONTRACTOR shall obtaii competitive bids from Subcontractors acceptable to OIWi T:R and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGLNEER which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR'S Cost of the Work and fee as provided in paragraphs I I.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. 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: 114.5.1. 'The proportion of necessary transportation. travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.453. Cost, including transportation and maintenance. of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hind tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.45.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading unloading, installation, dismantling and removal thereof -all in accordance with temas 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. 1I.4.??. Deposits lost for causes other than neligence of CONTRACTOR, any Subcontractor or anyone directly or in(iiectl• employed by ,my of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.45.6. 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 Lj performance and furnishing of the Work (except I I.a.?. Costs date to the negligence of ' losses and damages within the deductible amounts of property insurance established by OWNER in CONTRACTOR any Subcontractor, or anyone 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 ckfecrive 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 I I_i.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 OWNT,R. 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 11.6. The CONPRACTOR's tee allowed to CON7fRACTOR's fee. IC however, any such loss 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 tee: or proportionate to that stated in paragraph 11.6.2. ' 11.6.2. It a fixed tee is not agreed upon, then a tee 11.4.5.7. The cast of utilities, fuel and sanitary based on the following perccntages of the various facilities at the site. portions of the Cost of the Work; IIAS.S. 64inor expenses such as telegrams, 11.6.2.1. for costs incurred under ' long distinct telephone calls, telephone service at paragraphs 11.4.1 and 11.4.2, the the site, expressage and similar petty cash items in CONTRACTOR's fee shall be fifteen percent connection with the Work. 1 L6.'_.2. for Casts incurred under I L4.5.9. Cost of premiums for additiorml Bonds paragraph 11.4.3, the CONTRACTOR's fee shall and insurance required because of changes in the be rive percem Work. 11.6.2.3where one or more tiers of I Li. The term Cost of the Work shall not include any of suboantmcts are on the basis of Cost of the Work the following: plus a fee and no fixed [cc 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 Sulx:antmctor 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 paragrmphs accountants, purchasing and contracting agents, IIAA and 11.4.2 and that any higher tier expediters, timekeepers, clerks and other personnel Subcontractor and CONTPLNCTOR will each be employed by CONTRACTOR whether at the site or in paid afee-o�fivt-lxrcent-o€-tht-nmcvrnt-puid-to CON-TR4CTOR's principal or a branch otlice leer tht-nest-Iowervtier-Subcontractor; Io be negotiated general ado inistration of the Work and not specifically ,,cod (aitf� a_ith the t tt/NG -but to exceed included in the agreed upon schedule of job live tercent of the amount paid to the next lower classifications referred to in paragraph 11.4.1 or tier Subc9ntruSt r. specifically covered by paragraph I IAA -all of which are to be considered administrative costs covered by the 11.6:2.4. no fee shall be payable on the basis CONTRACT0R's f e. of costs itemized under paragraphs 11.4.4, 11.4.E and I I._; 11.52. Expanses of C'ONTR-xCTORk principal and branch offices other than CONfR4CTOR's office at 11.6.2.5. the amount of credit to be allowed the site. by CONTRACTOR to OWNER for any change 11.5.3. Any part of CONTR-ACTOR's capital which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a expenses, including merest on CONTRACTOR'S deduction in CONTRACTOR's tee by an amount capital employed for the Work and charges against equal to five percent of such net decrease; and CODTTIZ,A,UTOR for delinquent payments. 11.6.2.6. when both additions and credits we I1 5A. Cost of premiums for all Bonds and for all involved in any one change, the adjustment at ' insurance whether or not CONTRACTOR is required CONTR4CTOfes 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 11.6.11 through 11.6.21, inclusive. subparagraph 11.4.5.9 above). 11.7. Whenever the cast of any Work is to be E;1COC OEUER.iL CONUITIO�S t'JIOS (1990 Editimj 25 mv/ CIIY OFFORT C'OLLIxS xIODIFIC.t'rIONS (REV 4/`00(Q