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HomeMy WebLinkAbout556645 SELECT ROOFING CONTRACTORS LLC - CONTRACT - BID - 8135 ROOF REPLACEMENT AT 281 N COLLEGECity of Fort Collins Purchasing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St. 2 " Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgob. co,Wpurchasing CONTRACT DOCUMENTS FOR ROOF REPLACEMENT AT 281 N COLLEGE BID NO. 8135 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS JULY 10, 2015 - 3:00 P.M. (OUR CLOCK) SECTION 00020 INVITATION TO BID Date: June 19, 2015 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 July 10,2015, for the Roof Replacement at 281 N College, BID NO. 8135. 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. O. 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 8135. The Work consists of tearing off the existing built-up roofing down to the plywood deck on 3 of the 4 lower well areas of the roof, hauling off debris, install insulation and crickets with a minimum R value of 30 (or to current code requirements), install cover board, mechanically fasten 60 mil white TPO membrane, flash all walls and curbs with matching TPO, flash and seal all roof penetrations and drains to match TPO, and install termination bar as required by manufacturer specifications. Walk pads to the RTU's shall be included and installed per manufacturer requirements, as required. All current City and OSHA safety standards must be adhered to. Contractor will coordinate with City HVAC and electrical staff as needed. Work site will be left in a clean, safe, dried in condition at the end of work each day.. 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. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 AM, on June 30, 2015, in the Training Room (Conference Room 2E) at 215 N Mason Street, Fort Collins. All questions must be submitted in writing via email to Doug Clapp (dclapp(o fcgov.com), no later than 5:00 PM our clock on Thursday July 2, 2015. Questions received after this deadline will not be answered. 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 • Rocky Mountain E-Purchasing System: www.rockVmountainbidsystem.com 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. OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment preciously 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 coaection or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACCOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14,7.7. there arc other items entitling OWNER to a set- off against the amount recommended or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15 2.1 through 15.2.4 inclusive, but OWNER must give CONTRACTOR immediate written notice (with a dopy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNER's satisfaction the reason for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically fisted by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work subsmmially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EICOCOENmsAt CONDITIONS 1910-8 avvosmtimi 30 w/ CITY OFFORT Cot.uNSMODIFICATIONS MEV4rz000) considers the Work substantially complete. ENGINEER wild prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion_ There shall be attached to the cerlificutc 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 objection, ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. after consideration of OWNER's objections, INGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revisal tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to F.NGfNF,ER's issuing the definitive certificate of Substantial Completion, ENGINEEWs aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Utifirptlon: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work-, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. if CONTRACTOR agrees that such pan of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request 14GINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time alter either such request, OWNER CONTRACTOR and ENGINEER shall make an inspection of that pan of the Work to determine its status of completion If ENGINEER does not consider that part of the Weak to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Furl Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4. certificates of inspection, marked -up record documents (as provided in pamgmph G.19) and other documem% CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment skill be accompanied (tuept as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (u) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in lull 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 &CDC GENERRAL CONDITIONS 191" (1990 Echtioa) w/ C1TY OF FORT CO1.UF8 MODIFICATIONS (ILEV 4/7000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens mid the consent of the surety to finalize raymem are to be submitted on forms conforming to the format of the O WNFR'S standard forms bound in the proied manual. Final Payment andAcceplance: 14.13 If, on the basis of ENGD=- - 's observation of the Work during construction and final inspection. and ENGINEER's review of the final Application for payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled FNGINFER will, within ten days after receipt of the fine! Application for Payment inchoate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, INGINEFR will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate fort and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to parnamph 17.6.2 of these SLeffiS IS-Md4ti.M. 14.14 IC through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confrins. OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of 1NIGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the: Work fully completed and accepted if the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the relainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR., except claims arising from unsettled Liens, from defective Work appearing nter 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from OONTRACTOR's continuing obligations under the Co ntn ict Documents, and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15- SUSPENSION OF WORK AND TERMENATION 0WNER May Suspend Wank: 15.1. At any time and without cause. OWNER may suspend the Work or portion thereof for a pof not more than ninety daeriod ys by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER AJay Terminate: 152. Upon the occurrence of any one or more of the following events 15.11. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documuents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhcre to the progress schedule established under paragraph 29 as adjusted front time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction, 15.23. if CONTRACTOR disregards the authority of ENGINEER or 152.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documwnts, OWNER may, alter giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances. construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (witlwttt liability to CONTRACTOR for tre. mts or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EICDC OENER.4L CONDITIOM 191" (1990 Editim) 32 wi CITY OF FORT GOWNS MODIFICATIONS (REV 42000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, lasses and damages sustained by OWNER arising out of or resulting from completing; the Wort: such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER Such claims, costs. losses and damages incurred by OWNER will he reviewed by ENGINEER as to their reasonableness and when so approved by ENGINFER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work perforated. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR theft existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will riot release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work, 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, vests, losses and damages incurred in settlement of terminated contracts with Subcontractors. Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to term oration. CONTRACTOR shall not he paid on account of loss of anticipated profits or revenue or other economic lass arising out of or resulting from such terminatiort CONTRACTOR May Stop Work or Terminate: 155. Z through no actor fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER Payment an the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR. including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the cxtrnt 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, of am, shall be as set forth in ExhibitGGA, 'Dispute Resofution Agreement", to be attached hereto and made a part hereof If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 912. OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE17—NUSCELLANEOUS Giving Notice: 17.1. Wherever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid to the last business address known to the giver of the notice. 172. Computation of Time. IT2.1. When any period of time is referred to in the Contact Documents by days, it will be computed to exclude the Gist and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday - by the law of the applicable jurisdiction. such day will be omitted from the computation. EJCDC OENFAAL CONDITIONS 191043 (1990 6(itim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/1000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 173. Should OWNER of 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 perty's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other perry within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not he corsnued as a substitute for or a waiver of the provisions of any applicable statute of limitations or reposc.Cumuladve Remedies: 17.4. The duties and obliptiom imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warmnties, guarantees and obligations imposed upon CONTRACTOR by pamgmphs6.12, 6,16.6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 143 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the prrn•isiors 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. Profevsional Fees and Court Costs Included- 175. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. The laws Ejpe�tate oC Colorado at�aly to this t eanent ReCererice to two nertirxttt Colorado statutes areas follows: 176.2. If a claim is filet OWNER is required by law (CRS 35-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire. sustemmice. Droyisiom Provender, or other suDDlles used or consumed by CONTRACTOR or his 33 EICDC OENERAL CONDITIONS I910-9 (1990 Edition) 34 %W CITY OF FORT COLLINS MODIFICATIONS (REV 412000) (This page left blank intcnbonally.) EKDC GE NEF-AL CONDIMONS I910s (1990 EWim) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 40000) EJCDC GENERAL CONDITIONS I910S (1990 Emtim) 36 w/CITY OF FORT C)OLLINSMODIFICA'CIONS(RSV42000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREE NIF1rT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be spocifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11. and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appwl as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made adder the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. E1CDC GENERAL CONDITIONS 1910.8 (1990 E(fitim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other mariner any c4her person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arisc in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any lam' not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, disptite or other matte in question between OWNER and CONTRACTOR involves the Work of a Subcontracor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof; and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall fast submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within thou same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of arty dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed OC-AI FJCDC OENTRAL CONDITIONS 1910.8 (1990 E(itim) OC-AI r/ CITY OF FORT COLGNS MODIFICATIONS (REV 9194) SECTION 00800 SUPPLEMENTARY CONDITIONS The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. City of Fort Collins Gerry Paul Purchasing Director SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-8.10 OWNER's Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. SC-13.12 Correction Period: 13.12.1 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, an Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions ... SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 8135 Roof Replacement at 281 N College CONTRACTOR: Select Roofing Contractors, LLC PROJECT NUMBER: 8135 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 .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .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 Engineer Project File Architect Purchasing DATE: DA DATE: DATE: SECTION 00960 APPLICATION FOR PAYMENT PROJECT: PO# PAY ESTIMATE NO: DATE: CONTRACTOR: ADDRESS: CONTRACT FOR: PARTIAL TO The undersigned Contractor certifies that to the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received, in this current payment shown herein is now due. CONTRACTOR: By: FINAL In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: 0 Date: Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE APPROVED BY: (Title) cc: Accounting City Clerk Contractor Engineer Project File DATE: WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE, WORK CHANGE DIRECTIVE FORM Engineer initiates the forni, including a description of the items involved and attachments. (lased on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT `TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. WORK CHANGE DIRECTIVE No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract Project: OWNER's Contract No. ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description. Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon witl involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: Unit Prices Lump Sum Cost of the Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the change involves an increase, the estimated Substantial Completion: _ days; amount is not to be exceeded without further Ready for final payment: days. authorization. RECOMMENDED: AUTHORIZED: ENGINEER OWNER By: By: EJCDC No. 19104-F (1996 Edition) Prepared by the Enti"en Joint Contrau Documents Cnmminte and endorsed by the AWrjxned C"eral Contracfan of Am enes and the Construotoo Specificelions LaItitute. Advancement of Colrsbvc[ron 7echnofogy REQUEST FOR INTERPRETATION Projrr.t: R.F.I. Nurnbcr: From: To: Date: A/E Project Number: Re: Contract For. Specification Section: Paragraph: Drawing Reference: Detail: Request: Signed by: Date: Response: ❑ Attachments Response Frorm To: Date Rec'd. Date RetOd: Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ Filc Copyright 1994, Con ovcticn Specifications institute. Page of 1uK 1994 99 Canal Center Plaza, Suite 300 Alexandna, VA 22314 CSI Fonn 13.2A Advancement W Corstructiw Tee Vogy CLARIFICATION NOTICE Project: Clarification Notice'Jsmber: From: To Date: A!E Project Number Re: Con"etFor: This Clarification Notice is issued for the purpose of clarifying the. Contract Documents based on an interpretation reasonably inferable from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work in accordance with this Clarification Notice indicates acceptance with no change in the Contract Sun or Contract Tinie. Specification Section: Description: Pmagraph: Drawing Reference: Detai4: ❑ Attachments Signet by: Date: Copies: ❑ owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specifications lnstitute, Page of July 1994 99 Canal Canter Plaza, Suite 300 Alexandria, VA CSl Form 13.3A 22314 SECTION 00100 INSTRUCTIONS TO BIDDERS f1ncti ov oConstruction onsfstrurtl.^^Sion Technology FIELD ORDER Project: To: Field Order Number. From: Date: A?C Project Number: Re: Contract For You are hereby directed to execute promptly this Field Order which integxets the Contract Documents or orders minor changes in the Work without change in Contract Sun or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the VE immediately and prior to proceeding with this Work. Specification Section: Paragraph: Drawing Reference: Detail Description of Interpretation or Change: ❑ Attachments Signed by: Dale: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ []File Copyti& 1994, Conmuction Specification Insutnte, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CS Fvnu 13 4A SECTION 07220 ROOF AND DECK INSULATION PART 1GENERAL 1.01 WORK INCLUDED A. Furnish and install rigid board -type roof insulation to provide thermal and vapor barrier for building elements and spaces. B. Furnish and install polyisocyan u rate cover board over rigid roof insulation. C. Furnish and install built-up roof drainage crickets. D. Related work specified elsewhere: 1. Section 01030, Alternates. 2. Section 07221, Tapered Rigid Insulation. 3. Section 07537, Thermoplastic Sheet Roofing — Mechanically -Attached. 1.02 QUALITY ASSURANCE A. Reference Standards: Conform to the current requirements of applicable portions of standards, codes and specifications, except where more stringent requirements are shown or specified. 1. Applicable standards of the American Society for Testing and Materials (ASTM). 2. Applicable Federal Specifications (FS) for materials as specified herein. 3. PIMA, Polyisocyan u rate Insulation Manufacturers Association: Technical Bulletin 101. 4. ASTM E84: Surface Burning Characteristics of Building Materials. 5. CAN/ULC 5770: Long -Term Thermal Resistance of Materials. 6. Applicable provisions of the codes referenced in Section 01060, or as adopted by any jurisdiction with authority over this Project. B. Certification: Manufacturer shall certify that insulation materials supplied are compatible with sheet roofing membrane specified. C. Certification: Manufacturers shall certify that insulation materials supplied are free from asbestos and urea formaldehyde and are non -toxic. 1.03 SUBMITTALS A. Product Data: Submit manufacturer's product literature and specifications indicating that materials supplied meet the requirements of this Section. Clearly mark each submittal for R-value of material being furnished. 1.04 DELIVERY, STORAGE AND HANDLING A. Furnish material in manufacturer's original packaging, complete with installation instructions. B. Store materials away from sources of intense heat such as open flames or welder's torches. C. Protect materials from exposure to moisture and sunlight with an opaque light-colored tarp or equal. 1.05 WARRANTIES A. Provide manufacturer's written warranty covering materials, workmanship and retention of R-value 1 of insulation materials in conjunction with the warranty specified for the membrane roofing J specified in Section 07537. 07220 - 1 PART 2 PRODUCTS 2.01 ROOF SYSTEM DESCRIPTION A. Single -ply membrane roof system supplier and installer shall ensure that roof insulation materials provided are compatible with the roofing system specified and approved by the roof membrane manufacturer for use in this system. 2.02 EXTRUDED POLYISOCYANURATE BOARD INSULATION A. General: ASTM D1621, closed -cell polyisocyanu rate foam insulation board, 1_11. Class A, FM 1-90. 1. R-Value: 6.0 per inch, aged per ASTM C518. 2. Thickness: 4" or as required to meet thermal requirements specified above. In no case shall thickness be less than that required to meet Factory Mutual 1-90 criteria. 3. Properties: a. Compressive Strength: 20 psi minimum, ASTM D1621. b. Water Absorption: Less than 1, ASTM C209. C. Moisture Vapor Transmission: 2 perm. inches, ASTM C355-64. d. Dimensional Stability: Less than 2% linear change, ASTM D2126. e. Service Temperature: -1000 F to 2500 F. f. Product Density: 2, ASTM D1622. g. Flame Spread: Less than 25 (Class A), ASTM E84. 4. Board Size: 48" wide x 96" long or manufacturer's standard. 5. Deck Flute Span: 2-1/2" minimum. 6. Facings: Manufacturer's standard organic{inorganic facers. B. Fiber Cants: Provide fiber cants, complying with the sheet roofing manufacturer's requirements and compatible with the insulation materials specified, if required by the manufacturer for the roofing system specified. C. Accessories: Provide other products as required by manufacturer for a complete and thermally sealed system. D. Wood Blocking and Stripping: Refer to Section 06100. E. Fasteners: Screws, type and length as recommended by the manufacturer for mechanical attachment to roof sheathing. F. Approved Manufacturers: 1. Johns Manville, Littleton, CO, (800) 654-3103. 2. Apache Building Products, Co., Belvedere, IL, (800) 435-5493, 3. Carpenter Insulation Co., Richmond, VA, (800) 722-2272. 4. NRG Barriers, Inc., Sanford, ME, (800) 343-1285. 5. Rmax, Inc., Dallas, TX, (800) 527-0890. 6. Temple-EasTex, Inc., Diboll, TX, (800) 231-6060. 7. Thermal Systems, Inc., Huntington Beach, CA, (714) 895-7117. 8. Manufacturers providing materials of same function and performance are acceptable. ►K�R� IiA9 6Y�ZH9d ►1�1:7_t 1 �KU9 � :Z�] :� :� xKU�/ � :� YiL1:7 �] A. General: Furnish manufacturer's standard 1/4" thick, non -fire -rated, high -density polyisocyanurate board sheathing, 48" wide x 96" long or manufacturer's standard, if required by applicable building codes or project conditions. 1. Invinsa Roof Board by Johns Manville, Littleton, CO, (800) 654-3103, as basis of design. 2. Manufacturers providing materials of same function and performance are acceptable, if approved by roof insulation and/or roofing manufacturer as part of the specified roof assembly. B. Work of this paragraph is a Bid Alternate with some warranty coverages. Refer to Section 01030. 07220 - 2 PART 3 EXECUTION 3.01 INSPECTION AND PREPARATION A. Installer shall examine the roof substrate and conditions under which the insulation work is to be performed and notify the Contractor in writing of unsatisfactory conditions. Do not proceed with the insulation work until the unsatisfactory conditions have been corrected in a manner acceptable to the Installer. Beginning work shall be considered acceptance of substrate. B. Thoroughly clean the existing wood deck substrate prior to installation of rigid board insulation systems. C. Inspect and replace roof decking as needed with approval by Owner. Replacement material to be '/z" OSB or as specified by Building Code. D. Ensure that surfaces which are to receive roof insulation are clean, dry, free of deleterious matter and are sufficiently level to allow proper installation of insulation. E. Nothing in this Section shall be construed to relieve the Contractor of ultimate responsibility for the satisfactory completion of the work. 3.02 INSTALLATION OF ROOF CRICKETS A. General: Install built-up roof crickets, minimum 1/4" per foot slope, whether specifically shown on the Drawings or not, as required for adequate roof drainage, including but not limited to the following locations: 1. Roof valleys, as required to direct water to roof drains or scuppers. 2. Roof parapets, as required to direct water to roof drains or scuppers. 3. Mechanical equipment curbs. 4. Roof hatch curbs. 5. Other equipment curbs or other items projecting through the roof surface. B. Crickets shall be constructed of tapered rigid insulation, unless otherwise specifically called for on the Drawings. 1. Insulated Roof Decks: Where crickets are a part of an insulated roof deck assembly, construction shall maintain the minimum R-value specified for the assembly. 3.03 INSTALLATION OF ROOF INSULATION A. General: Install rigid board insulation systems in accordance with manufacturer's written instructions and recommendations. Installation shall be consistent with local building codes and insurance requirements and meet the requirements of the sheet roofing manufacturer. 1. Installation: Mechanically -attached, with cover board if specified. B. Install roof insulation to maintain continuous and complete thermal protection for building spaces and elements. Boards shall be installed with long joints continuous and end joints staggered. Cut and trim insulation neatly to fit spaces. Butt edges and ends tight. C. Apply treated wood blocking at perimeter parapet, same thickness as insulation, to provide starter strip, if recommended by the manufacturer. D. Take necessary precautions to prevent breakage of rigid insulation materials laid directly over fluted metal roof deck. Limit foot traffic on completed sections. Remove and replace any broken panels. E. Cut around rooftop equipment curbs, skylights, pipe vents and exhaust fans to provide tight -fitting joints. Cut into roof drains as required for proper drainage. 3.04 INSTALLATION OF COVER BOARD A. General: Install polyisocyanurate cover board in accordance with manufacturer's written instructions and recommendations. Installation shall be consistent with local building codes, insurance requirements and meet the requirements of the sheet roofing manufacturer. 07220 - 3 Installation: Mechanically -attached. Fasteners shall extend through the rigid board roof insulation and be securely attached to the metal roof decking. 3.05 PROTECTION A. Continually protect the roof insulation from moisture by installing only as much insulation as can be properly covered by the sheet roofing each day. Provide temporary water seals, temporary ballast and end -of -workday water cut-offs. Protect insulation from wind blow -off during all phases of construction. B. Clean and protect exposed surfaces of insulation and leave prepared for roofing application. Refer to Section 07537. END OF SECTION 07220 - 4 SECTION 07221 TAPERED RIGID INSULATION PART 1 GENERAL 1.01 WORK INCLUDED A. Furnish and install tapered rigid board roof insulation system for formed drainage crickets as shown on the Drawings. B. Furnish and install coordinating flat rigid board roof insulation, as specified in Section 07220, unless arranged for otherwise. C. Related work specified elsewhere: 1. Section 07220, Roof and Deck Insulation: Standard rigid board insulation. 2. Section 07537, Thermoplastic Sheet Roofing — Mechanically -Attached. 1.02 QUALITY ASSURANCE A. Reference Standards: Conform to the current requirements of applicable portions of standards, codes and specifications, except where more stringent requirements are shown or specified. 1. Applicable tests as specified herein of the American Society for Testing and Materials (ASTM). 2. Applicable Federal Specifications (FS) for materials as specified herein. 5. ASTM E84: Surface burning characteristics of building materials. 6. Applicable provisions of the codes referenced in Section 01060, or as adopted by any jurisdiction with authority over this Project. B. Certification: Manufacturers shall certify that insulation materials are free from asbestos and urea formaldehyde and are non -toxic. C. Certification: Manufacturer shall certify that insulation materials supplied are compatible with sheet roofing membrane specified. 1.03 SUBMITTALS A. Product Data: Submit complete manufacturer's product literature and specifications indicating compliance with the requirements of this Section. Clearly mark each submittal for R-value of insulation material being furnished. B. Shop Drawings: Shop drawings indicating slopes of tapered rigid insulation system, material thicknesses, proposed system layout, accessories and details for approval by the Architect. 1.04 DELIVERY, STORAGE AND HANDLING A. Furnish materials in manufacturer's original packaging, complete with installation instructions. B. Protect materials from exposure to moisture and sunlight with an opaque light-colored tarp or equal. 1.05 WARRANTIES A. Provide manufacturer's written warranty covering materials, workmanship and retention of R-value of insulation materials in conjunction with the warranty specified for the membrane roofing specified in Section 07537. 07221 -1 PART 2 PRODUCTS 2.01 ROOF SYSTEM DESCRIPTION A. Single -ply membrane roof system supplier and installer shall ensure that roof insulation materials provided are compatible with the roofing system specified and approved by the roof membrane manufacturer for use in this system. 2.02 ROOF INSULATION MATERIALS A. General: Composite roof insulation system consisting of tapered rigid board insulation and coordinating flat rigid board insulation, to provide a continuous thermal barrier over the gross area of the roof. 1. Total R-Value: As indicated on the Drawings, or specified in Section 07220. B. Tapered Rigid Insulation System: Factory -tapered closed -cell polyisocya n u rate insulation to provide minimum surface slope of 1/4" per foot when installed over existing roof decking, unless indicated otherwise on the Drawings. C. Properties: Match rigid board insulation specified in Section 07220. D. Roof Deck Insulation: Manufacturer's standard square edge extruded polyisocyan u rate rigid board insulation for installation over steel roof deck. Refer to Section 07220. E. Fiber Cants: Provide fiber cants, complying with the sheet roofing manufacturer's requirements, and compatible with the insulation materials specified, if required by the manufacturer for the roofing system specified. F. Accessories: Provide other products as required by manufacturer for a complete and thermally sealed system. G. Wood Blocking and Stripping: Refer to Section 06100. H. Fasteners: Screws, type and length as recommended by the manufacturer for application. I. Approved Manufacturers: Match manufacturers of insulation materials specified in Section 07220. 2.03 POLYISOCYANURATE COVER OR RECOVER BOARD A. General: Refer to Section 07220. PART 3 EXECUTION 3.01 PREPARATION A. Installer shall examine the roof substrate and conditions under which the insulation work is to be performed and notify Contractor in writing of unsatisfactory conditions. Do not commence work until such defects have been corrected to the satisfaction of the Installer. Beginning work shall be considered acceptance of substrates. B. Thoroughly clean the existing steel deck substrate prior to installation of tapered rigid and board insulation systems. C. Ensure that surfaces which are to receive roof insulation are clean, dry, free of deleterious matter and are sufficiently level to allow proper installation of insulation. D. Nothing in this Section shall be construed to relieve the Contractor of ultimate responsibility for the satisfactory completion of the work. 3.02 INSTALLATION OF TAPERED ROOF INSULATION SYSTEM A. General: Install tapered rigid and flat board insulation systems in accordance with manufacturer's written instructions and layout shown on the approved shop drawings. Installation shall be consistent with local building codes and insurance requirements, and meet the requirements of the 07221 - 2 sheet roofing manufacturer. 1. Installation: Loose -laid or as recommended by the manufacturer for mechanically - attached cover board. B. Install roof insulation to maintain continuous and complete thermal protection for building spaces and elements. Boards shall be installed with long joints continuous and end joints staggered. Cut and trim insulation neatly to fit and butt ends and edges together tightly. C. Apply treated wood blocking at perimeter parapet, same thickness as insulation, to provide starter strip, if recommended by manufacturer. D. Take necessary precautions to prevent breakage of rigid insulation materials laid directly over fluted metal roof deck. Limit foot traffic on completed sections. Remove and replace any broken panels. E. Cut around rooftop equipment curbs, skylights, pipe vents and exhaust fans to provide tight -fitting joints. Cut into roof drains as required for proper drainage. 0111G� 1► M 110 A_\ I N7 R N] 914161VI A :i :107.11:i p7 A. General: Install cover board as specified in Section 07220. M111'M=1011 "INP► A. Continually protect the roof insulation from moisture by installing only as much insulation as can be properly covered by the sheet roofing each day. Provide temporary water seals, temporary ballast and end -of -workday water cut-offs. Protect insulation from wind blow -off during all phases of construction. B. Clean and protect exposed surfaces of insulation and leave prepared for roofing application. Refer to Section 07537. END OF SECTION 07221 - 3 SECTION 07537 THERMOPLASTIC SHEET ROOFING — MECHANICALLY - ATTACHED PART 1 GENERAL 1.01 WORK INCLUDED A. Tear off of existing roofing systems and insulation to original roof deck. B. Cleaning of substrate in preparation for roofing and insulation installation. C. Installation of all insulation and protection boards, unless arranged for otherwise. D. Furnish and install mechanically -attached sheet roofing system. E. Furnish and install miscellaneous roofing specialties as noted, including edge flashings and terminations and counter flashings, unless arranged for otherwise. F. Furnish and install built-up roof drainage crickets, unless provided by roof insulation or decking contractor. G. Furnish and install walkway protection membrane or pavers. H. Related work specified elsewhere: 1. Section 01030, Alternates: Extended warranty coverages. 2. Section 07220, Roof and Deck Insulation. 3. Section 07221, Tapered Rigid Insulation. 4. Section 07621, Galvanized Metal Flashing and Trim. 1.02 QUALITY ASSURANCE A. Reference Standards: 1. Applicable tests as specified herein of the American Society for Testing and Materials (ASTM). 2. Applicable Federal Specifications (FS) for materials as specified herein. 3. International Building Code, current edition: Wind exposure classification. 4. SMACNA, Sheet Metal and Air Conditioning Contractors National Association, Inc. Architectural Sheet Metal Manual, current edition. 5. Applicable provisions of the codes referenced in Section 01060, or as adopted by any jurisdiction with authority over this Project. B. Materials and installation shall comply with applicable standards and recommendations of the Rubber Manufacturers Association and the Single -Ply Roofing Institute (SPRI). C. Materials shall be supplied and installed by a roofing contractor licensed by the manufacturer or certified by the manufacturer as a qualified installer of the specified products. D. All work of this Section shall be performed by a single installer, who shall have minimum five (5) years of successful experience with projects of similar size and complexity. E. Installer shall certify that all roof system materials provided are compatible with the roof system assembly specified and approved by the roof membrane manufacturer for use in this system. F. Design Criteria: Roof design shall meet the minimum requirements of the Single Ply Roofing Institute for the specified roofing system type, unless more stringent requirements are required by the jurisdiction with authority over the project. 1. External Fire Resistance: UL Class A. 2. Wind Resistance: 100 mph, Exposure B (IBC) for mechanically -attached systems. 3. Warranty shall meet wind resistance defined above. 1.03 SUBMITTALS A. Product Data: Submit manufacturer's product literature and installation instructions for sheet roofing installation, surface conditioner compatibility, elastic flashings, joint cover sheet and joint 07537 - 1 and crack sealants, with temperature range for application of roofing membrane. B. Shop Drawings: Submit shop drawings indicating sheet layout and fastener installation pattern for approval. C. Warranties: Submit sample warranties, in accordance with the requirements of Section 01740. D. Design and Specification Approval: Prior to starting roofing, Contractor shall submit a letter certifying that the roofing design and specifications are proper for this particular project. 1.04 ENVIRONMENTAL REQUIREMENTS A. Weather Conditions: Proceed with elastomeric sheet roofing work only when weather conditions comply with manufacturer's recommendations and will permit materials to be applied and cured in accordance with those recommendations. Do not exceed temperature limitations recommended by roofing manufacturer. 1. Do not apply sheet roofing during inclement weather or when air temperature is below 40° F. 2. Do not expose membrane and accessories to a constant temperature in excess of 1800 F. 3. Do not apply sheet roofing to damp, frozen, dirty, dusty or deck surfaces unacceptable to manufacturer. 1.05 DELIVERY. STORAGE AND HANDLING A. Deliver roofing materials, insulation and accessories in manufacturer's protective containers with labels intact and legible, and comply with manufacturer's instructions for storage and handling. B. Handle rolled goods as required to prevent damage. Store all materials on clean, raised platforms with weather -protective coverings. 1.06 WARRANTIES A. Provide manufacturer's written 20-year system warranty covering defects in materials and workmanship, and covering all specified design criteria. 1. Refer to Section 01030 for extended warranty coverages as Bid Alternates. PART 2 PRODUCTS 2.01 ROOF SYSTEM DESCRIPTION A. Mechanically -Attached Thermoplastic Sheet Membrane Roofing System: Single -ply thermoplastic sheet roofing mechanically -attached over polyisocyanurate cover board (if specified) over rigid board roof insulation over existing steel roof deck. 1. Solar Reflectance Index: Meet or exceed SRI of 101 when tested in accordance with ASTM E-1980. 2.02 ROOF INSULATION A. Membrane roof system supplier and installer shall ensure that roof insulation materials provided are compatible with the roofing system specified and approved by the roof membrane manufacturer for use in this system. 1. Rigid Board Roof Insulation: Refer to Section 07220. 2. Tapered Rigid Roof Insulation: Refer to Section 07221. 07537 - 2 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 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 2.03 SHEET ROOFING MATERIALS A. Membrane: Mechanically -attached 60 mil thick thermoplastic membrane, conforming to ASTM 0- 6878 and the following minimum criteria: 1. Roll Width: 8'-0" wide, or manufacturer's standard width not less than 6-0". 2. Color: Light gray or white, as required for specified SRI and Energy Star rating. B. Batten Strips: Manufacturer's standard 1" x 18-gage aluminized steel strapping. C. Fasteners: Manufacturer's standard corrosion -resistant type, compatible with materials being attached. D. Fasteners: Manufacturer's standard concrete fastener for mechanically -attached insulation and roof membrane into existing steel deck. E. Flashing: 1/16" thick thermoplastic forming flashing as furnished by membrane manufacturer. F. Bonding Adhesive: Furnished by membrane manufacturer, compatible with all materials to which the membrane is to be bonded. G. Splicing Cement and Lap Sealant: For sealing the exposed edge of the splices, shall be trowel or gun consistency as furnished by membrane manufacturer. H. Lap Sealant: Compatible with materials with which it is used, shall be trowel or gun consistency, furnished by membrane manufacturer. I. Water Cut -Off Mastic: Compatible with materials with which it is used, furnished by membrane manufacturer. J. Molded Pipe Flashing: Compatible with materials with which it is used, furnished by membrane manufacturer. K. Nite Seal: Compatible with materials with which it is used, furnished by membrane manufacturer. L. Pourable Sealer: Compatible with materials with which it is used, furnished by membrane manufacturer. M. Rubber Nailing Strips and Fasteners: Extruded nailing strips and fasteners furnished by membrane manufacturer. N. Primer: None required. O. Approved Manufacturers: 1. Johns Manville TPO-45 system, Littleton, CO, (800) 654-3103, as basis of design. 2. Carlisle Sure -Weld TPO, Carlisle SynTec Systems, Carlisle, PA, (800) 233-0551. 3. Duro-Last Thermoplastic Membrane, Saginaw, MI, (800) 248-0280. 4. GenFlex Roofing Systems, Maumee, OH, (800) 4434272. 5. Firestone UltraPly TPO, Indianapolis, IN, (800) 428-4442. 6. Manufacturers providing materials of same function, design and performance are acceptable, only as approved by the Architect prior to bidding. 2.04 ACCESSORY MATERIALS A. Walkway Protection Panels: Thermoplastic sheet roofing walkway protection panels, heat welded to roofing membrane. 1. Size: Nominal30" x 30" panels, 1/2" thick. 2. Weight: Approximately 0.8 Ibs/sq. ft. 3. Color: Match roofing membrane. 4. Approved Manufacturers: Walkway protection system shall be by same manufacturer as the roofing membrane. B. Manufacturers of walkway protection system shall certify that use of their materials will not affect warranty for the sheet roofing system. 07537 - 3 PART 3 EXECUTION 3.01 INSPECTION A. Installer shall thoroughly examine existing surfaces and substrates to receive mechanically - attached sheet roofing materials prior to commencing work. Report in writing to the Contractor any condition that may potentially affect proper application or warranty. Do not commence work until such defects have been corrected to the satisfaction of the Roofing Subcontractor. Beginning work shall be considered acceptance of surfaces. B. Ensure that all existing drains, sleeves and curbs which pass through surfaces to receive new roofing are rigidly installed. C. Ensure flatness and tightness of joints in existing deck sheathing. 1. Test pullout capacity of mechanical fasteners in the presence of the roofing manufacturer's technical representative if required by the manufacturer as a condition of the warranty. D. Ensure that surfaces are free of cracks, depressions, waves or projections which may be detrimental to the successful installation of sheet roofing. Remove foreign materials. 3.02 TEAR -OFF A. Contractor shall propose the method of tear off of existing materials, transference of materials to the ground and removal from the site. 1. Method shall be subject to approval by the Owner and the Architect. 2. Refer to Section 01530 for temporary barriers, enclosures and protection of existing materials and equipment. B. Remove the existing roofing systems in its entirety to the original deck substrate. These systems include, but may not be limited to: 1. Original System: Rolled asphaltic roofing over 1" cover board over rigid board insulation over the existing steel deck. 2. Existing pipe vent, equipment curb and parapet membrane flashings. 3. Existing sheet metal parapet cap flashings. 4. Existing roof drains and drain well flashings. C. Materials and roof accessories to remain in place include, but are not limited to: 1. Existing equipment curbs. D. Roof accessories to be removed include, but are not limited to: 1. Existing metal counterflashings and reglets. 3.03 PREPARATION A. Reroofing Projects: Contractor shall take all reasonable precautions to prevent asphalt, solvent or adhesive fumes or any other potentially noxious or toxic substance that is a part of the application of the roof membrane system from being drawn into the building through rooftop air intake equipment. Notify the Owner of any potential problem prior to commencing work. B. Protection: 1. Protect pavements and building walls adjacent to hoist prior to starting work. Lap suitable protective materials at least 6". Secure protective coverings against wind. Leave protective covering in place for duration of roofing work. 2. Protect parapets and adjacent surfaces not designated to receive roofing. C. Deck Surfaces: Dry and broom clean surfaces of foreign matter detrimental to installation of roofing. D. Joints in Deck: Seal cracks and joints with recommended material and sealant. Use proper depth - to -width ratio as recommended by the sealant manufacturer in accordance with Section 07900. 07537 - 4 E. Start the installation only in the presence of the manufacturer's technical representative, if required as a condition of the warranty. F. Make temporary provisions for supporting existing gas piping, electrical conduit and other services to remain during reroofing. G. Ensure that self -flashing skylight units are properly attached in place. H. Ensure that self -flashing roof hatch units are properly anchored. 3.04 INSTALLATION OF ROOF CRICKETS A. General: Install built-up roof crickets, minimum 1/4" per foot slope, whether specifically shown on the Drawings or not, as required for adequate roof drainage, including but not limited to the following locations: 1. Roof valleys, as required to direct water to roof drains or scuppers. 2. Roof parapets, as required to direct water to roof drains or scuppers. 3. Mechanical equipment curbs. 4. Skylight curbs. 5. Roof hatch curbs. 6. Other equipment curbs or other items projecting through the roof surface. B. Crickets shall be constructed or plywood or other specified roof sheathing material, or tapered rigid insulation, at the Contractor's option, unless otherwise specifically called for on the Drawings. 1. Insulated Roof Decks: Where crickets are a part of an insulated roof deck assembly, construction shall maintain the minimum R-value specified for the assembly. 3.05 INSTALLATION OF SHEET ROOFING A. Install rigid or tapered rigid insulation in accordance with roofing manufacturer's written instructions and recommendations and as specified in Section 07220 and 07221. B. Install cover board over rigid board roof insulation in accordance with roofing manufacturer's written instructions and recommendations, if specified. Refer to Section 06160 or 07220. C. Install mechanically -attached single -ply sheet roofing in accordance with the manufacturer's specifications, written instructions and the following requirements: 1. Loosely lay sheet membrane over roof insulation. Allow membrane to relax minimum thirty (30) minutes before fastening or splicing. 2. Membrane: Apply, lap and splice using methods and materials recommended by the manufacturer. Laps shall run parallel to slope of the roof, unless approved otherwise. Apply adjoining sheets by lapping the edges and splicing. Attach membrane to perimeter edges, nailers and penetrations in accordance with manufacturer's requirements. 3. Fasteners: Mechanically attach membrane at maximum 1'-0" o.c. along all seams, unless otherwise required by the manufacturer's installation specifications. Fasteners shall extend through the rigid board roof insulation and cover board and be securely attached to the original wood roof deck. 4. Fasteners (Field and Parapet Conditions): Mechanically attach membrane in the field of the roof as required by the manufacturer's specific requirements for this Project. Spacing of fasteners along projecting parapet walls shall be decreased as necessary in accordance with both the manufacturer and code mandated requirements, based on parapet height and related factors. 5. Flashing: Apply, lap and splice using methods and materials recommended by the manufacturer. Flash around penetrations using factory prefabricated pipe seals where possible. Field fabricated seals may be used where necessary using manufacturer's standard details. D. Installation shall be performed by a roofing contractor licensed by the manufacturer. E. Adhesive apply sheet roofing to perimeter edges, lay seam edges 3" and seal. Seal sheet roofing with 3" lap where metal collars or flanges are required. F. Apply isolating sections for roof control/expansion joints. G. Apply sealant in accordance with manufacturer's instructions. Seal ends and edges to each other and to adjoining surfaces with uniform fillet bead of sealant. H. Flash and seal watertight any items projecting through membrane with counterflashing membrane material. 1. Provide and install new prefabricated sheet metal boots at all pipe vents and other roof penetrations. Solderjoints as specified in Section 07621. I. Apply precut disks of sheet roofing material to cover and protect fasteners in the field. J. The following details are included by reference, based upon standard details for Johns Manville TPO system. These details are referenced for design intent and are subject to actual field conditions and recommendations of the manufacturer's technical representative. 1. Surface -mounted Counterflashing Termination: TC-41. 2. Gravel Stop Flashing: TE-11. Reinstall existing flashings as noted on the Drawings. 3. Fastener Splice: TA-1. 4. Roof Drain: TF-55. 5. Thru-Wall Scupper: TF-58. 6. Vent Pipe: TF-50 premolded pipe boot. 7. Base Flashing: TB-26A. K. Exercise all required care not to damage the elastic sheet roofing or the completed single -ply membrane roof assembly. 3.06 INSTALLATION OF WALKWAY PROTECTION A. General: Install walkway protection panels in locations and patterns indicated on the Drawings in accordance with the manufacturer's instructions. B. Make terminations and cuts according to manufacturer's standard details and recommendations. 1. Units shall be cut around existing rooftop equipment and projections, unless otherwise indicated. C. Adhere panels to sheet roofing membrane in accordance with manufacturer's specifications. 3.07 TESTING A. Contractor shall perform a flood test for the watertightness of the roof membrane. The test shall be conducted in the presence of the Owner's principal representative. 3.08 FIELD QUALITY CONTROL A. Inspection: A representative of the manufacturer shall make an inspection upon completion to ascertain that the entire system has been installed according to the manufacturer's specifications and details. Written letters of acceptance shall be sent to the Owner's principal representative and the Architect. 3.09 CLEANING AND PROTECTION A. Upon completion, remove surplus materials and debris from the site. B. Remove excess adhesives or other materials from adjacent surfaces, including metal surfaces of flashings and rooftop equipment. C. Adjacent Materials: Do not use oil -based or plastic roof cement. Do not allow waste products (petroleum, grease, oil, solvents, vegetable or mineral oil, animal fat) or direct steam venting to come in contact with membrane roofing system. END OF SECTION 07537 - 6 | r lower well area _100 m ` _m__m ƒ ) }\ \= 'all § � — eZ to )% qIt L b 'Kill IMP � d §' ~�§ � • � � u� \17 /� \ � ©^ ) � T� 0 � § LZ: I !E _ � MMI ,. �LS uoDearea � � � cm 2 � L/ le � |!. |� % !� �a �\ �m � City of 6rt Collins -281 North College Ave.: Section Inventory Report NM ROOFING &SQUARE ONEXTERIORSE INTRODUCTION Rooftops are often considered a liability due to overheating, leaking, emitting heat into the urban atmosphere, shedding pollutants, contributing to impervious surface area for runoff, and requiring costly repair and replacement. Now roofs are being reclaimed for productive and sustainable purposes in cities throughout the U.S. and abroad, through aggressive roof maintenance programs, reflective cool roof systems and in some cases vegetative green roof systems. Rooftops are truly valuable assets in the life cycle of the entire building footprint. If approached correctly they provide opportunities for major cost savings, via reduced utility costs, onsite energy generation and extension of service life through a professionally maintained roof top. Building owners and facility managers are utilizing roof tops for added benefits, such as solar power, rainwater harvesting, and living roofs to maximize performance and function. As the many positive attributes of a rooftop become recognized in lifecycle assessment and lifecycle costing models, it is becoming more apparent than ever that taking the necessary steps to extend the service life of rooftop assets is imperative in building maintenance and operation plans. This report provides a general overview of the existing roof systems and important considerations for the implementation and execution of extending the service life of the inspected roof system. This report focuses on roofing component indexes, such as a Flashing Condition Index (FCI), Membrane Condition Index (MCI),Shingle Condition Index (SCI), and when applicable, an Insulation Condition Index (ICI). These indexes are calculated using computer models developed by the Army Corps of Engineers in collaboration with the United States Department of Energy to compute the overall roof system score, referred to as the Roofing Condition Index (RCI). This score is then used to calculate the achievable life cycle or service life of the inspected roof section and entire roof system based on the chart included in this report. Measurements, condition ratings as well as any other data contributing to this report were gathered through a visual inspection. Installation quality, roof design, climate, roof exposure, roofing type, roofing slope, roof drainage and ongoing roof maintenance are all factors considered in the overall condition and rating of each roof section. Inspectors have physically inspected each of the roof sections listed in this report. In most cases measurements can be verified by a third party aerial report. All inspections are completed in good faith and are based on typical roof inspection practices, inspections have been performed by a HAAG Engineering Certified Roof Inspector. Inspections are performed as non destructive inspections with no core samples taken. This inspection in no way represents a warranty or guarantee as to the future performance of the inspected roof sections and no such guarantee or warranty on any roof covering, roof membrane, roof system or any part of the roof assembly included within this report. Submitted by: Roger Flack, LEED Green Associate President HAAG Engineering Certified Roof Inspector Condition Index Note - Index is representative of all condition indexes used within this report 86 — 100 - Excellent Condition — Routine Maintenance Needed 71-85 — Very Good Condition — Minor Repairs Needed 56-70 — Good Condition — Moderate Repairs Needed 41-55 — Fair Condition — Major Repairs Needed 26-40 — Poor Condition - Replacement Probable 11-25 — Very Poor Condition - Replacement Needed 0-10 — Failed Condition -Immediate Replacement Critical Source — U.S. Army Construction Engineering Research Laboratory, Champaign, L. U.S Army Cold Regions Research and Engineering Laboratory, Hanover, N. H. University of Illinois, Urbana, IL. Lifecycle Performance Predicting how long a roof assembly will last is a very difficult task. Numerous factors must be considered and even then unpredictable factors such as weather and exposure weight heavily into the overall performance and lifecycle of any roof assembly. Roofing installations that are installed under identical roof assembly scope can have performance variations of 25% to 75% across the United States. Average Lifecycle of Roofing Types Polyurethane Foam — up to 10 years Modified Bitumen — up to 12 years (add up to 5 years if rock ballasted) EPDM — up to 12 years (add up to 5 years if rock ballasted) Asphalt Built Up — up to 15 years (add up to 5 years if rock ballasted) TPO — up to15 years (add up to 5 years if rock ballasted) PVC — up to15 years (add up to 7 years if rock ballasted) Metal —up to 30 years Average is based on a well maintained roofing assembly including roof deck, vapor retarder, insulation, and roof covering. Rock ballast significantly reduces the Solar Reflectivity Index (SRI) which affects roof coverings ability to reflect sun and nullifying any utility cost reduction. Source — Survey of over 400 roofing contractors and a inspection of over 20,000 actual roof installations by Schneider and Keenan Engineering. Section Inventory Report SQUARE ONE ROOFING &EXTERIORS INC. Inspection Date: 08 / 15 / 2012 Building RCI: 69 Number of Sections: 1 Total Roof Area: 26496.0 Ft.2 Total Inspected Flashing Length: 2049.0 Ft. Sections Section: Type Section RCI: Section Area: A: BUR: Bitumen Type Unknown 69 ' Copyright© 2012 Square One Roofing & Exteriors Inc. [1] ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. Section Inventory Report Findings and Recommendations: SQiUARE iOSN E ROOF Based on our findings we recommend the following actions be taken for the following sections: Section A: Repaint the section. We found that the surface coating on the section was showing signs of wear and would probably need to be repainted at some point within the next 2 to 3 years. The surface coating helps to protect the membrane and acts as a sunlight reflector. • Repair gap in membrane. We found a gap on the Northern parapet wall where the membrane was pulling away from the wall. Gaps in the membrane can cause leaks and be detrimental to the structure of the building. Copyright© 2012 Square One Roofing & Exteriors Inc. [1] Section Inventory Report A Copyright © 2012 Square One Roofing & Exteriors Inc. [1] ROOFING & EXTERINC. SQUARE IO N E Section Inventory Report North View. East View. SQiUARE EXTERIORS r- South View. West View. © 2012 Square One Roofing & Exteriors Inc. [1] Section Inventory Report Ala Dimensions Parapet: 586 Ft. Expansion Joint: Ft. Adjacent Wall: Ft. Roof Edge: 347 Ft. Area Divider: Ft. Other: Ft. Area: 26496 Sq. Ft. Mfg: Spec. No.: Description: Protected Mem.: Type: Membrane W MIN SQUARE OSN E -ROOFING & Roof Condition Index of Section: 69 Membrane Condition Index of Section:57 Flashing Condition Index of Section: 96 General Installation: Building No.: Section: Occupancy: Last Replacement: Original Construction: Adjacent Sections Access: 000001-Fort Collins 000008 A INTERNAL LADDER: Permanent Structure Structural Frame: UNKNOWN Roof Deck: Slope: tin 12 Drainage: INTERIOR DRAINS, GUTTERS & DOWNSPOUTS Vapor Retarder: UNKNOWN BUR: Bitumen Type Unknown Attachment: Reinforcement: Surfacing: NONE Flashing Base Flashing: MOD BIT: Smooth Surface Flashing Adhesive: UNKNOWN Counterflashing: UNKNOWN Types: WALL / PARAPET, ROOF PENETRATION Remarks Copyright© 2012 Square One Roofing & Exteriors Inc. [1 Section Inventor Report SQUARE ONE Y ■• ROOFING & EXTERIORS INC. Inspection Summary Scores as of 08 / 15 / 2012 RCI of Section: 69: MODERATE REPAIRS NEEDED MCI of Section: 57: Good FCI of Section: 96: Excellent List of Issues: Issue: Severity: Figures: Gap in membrane on parapet H 13 Paint surface deteriorations M 4, 5, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18 Copyright© 2012 Square One Roofing & Exteriors Inc. [1] Section Inventory Report Figure 1: View of section. Figure 3: View of section. Copvright © 2012 Square One Roofing & Exteriors Inc. [1] SQUARE E �� ROOFING & EXTERIORS Figure 2: Acces to section. _ sir y)O: ` Figure 4. Paint surface deterioration. Section Inventory Report Copyri Figure 5: View of section and paint surface deterioration. • f: Figure 7: View of section and paint surface deterioration. © 2012 Square One Roofing & Exteriors Inc. [1) No SQUARE ON E ROOFING & EXTERIORS IN Figure 6: View of section. Figure 8: View of section and paint surface deterioration. Section Inventory Report Figure 9: View of section and paint surface deterioration. Figure 11: Paint surface deterioration. rioht © 2012 Souare One Roofing & Exteriors Inc. No SQUARE ON E ROOFING & EXTERIORS INC. Figure 10: Paint surface deterioration. Figure 12: Paint surface deterioration. Section Inventory Report Figure 13: Gap in membrane along parapet wall. Figure 15: Paint surface deterioration. © 2012 Square One Roofing & Exteriors Inc. [1] �� ROOFING & SQUARE EXTERIORS E Figure 14: Paint surface deterioration. Figure 16: Paint surface deterioration. Section Inventory Report „ ' Figure 17: Paint surface deterioration. loyright © 2012 Square One Roofing & Exteriors Inc. [1] SQUARE E ME ROOFING &0 �OSN Figure 18: Paint surface deterioration. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. 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 Section Inventory Report Glossary of Terms ,19 SQROOFIUARE E 9 EXTERIORS Alligatoring - Shrinkage cracking of the bituminous surface of built- up or smooth surface roofing, producing a pattern of deep cracks resembling an alligator hide. Asphalt - A highly viscous hydrocarbon produced from the residuum left after the distillation of petroleum; used as a waterproofing agent of a built-up roof. Ballast - An anchoring material (such as rock, gravel, pavers) used to resist wind uplift forces of roof membrane. Bitumen - A generic term for asphalt or coal tar pitch roofing. Blister - A spongy raised portion of roofing membrane as a result of pressure of entrapped air or water vapour. Built Up Roofing BUR) - A continuous, semi -flexible roof covering consisting of laminations or plies of saturated or coate felts alternated with layers of bitumen. Cant Strip - A continuous strip of triangular cross-section, fitted into the angle formed by a structural deck and a wall or other vertical surface, and used to provide gradual transition for base flashing and horizontal roof membrane. Crack - A break in a roofing membrane as a result of flexing, often occurring at a ridge or wrinkle. Deck - A structural component of the roof of a building. The deck must be capable of safely supporting the design dead and live loads, including the weight of the roof systems, and the additional live loads required by the governing building codes. Decks are either non-combustible (e.g., corrugated metal, concrete, or gypsum) or combustible (e.g., wood plank or plywood), and provide the substrate to which the roofing or waterproofing system is applied. Drain - An outlet or other device used to collect and direct the flow of runoff water from a roof area. EPDM - synthetic rubber sheet used as a single ply roof membrane. (ethylene propylene diene monomer). Expansion Joint - A deliberate separation of two roof areas allowing expansion. Eaves - The protective overhang at the lower edge of a sloped roof. Fascia - The finish member covering the edge or eaves of a flat or sloping roof overhang. Fasteners - A wide variety of mechanical securing devices, including nails, screws, cleats, clips, and bolts. Field of the Roof - Central or main portion of a roof, excluding the perimeter and flashing. Fishmouth - An opening of the lapped edge of applied felt in built-up roofing due adhesion failure. Flashing - Connecting devices that seal membrane joints, drains, gravel stops and other places where membrane is interrupted. Base flashing forms the upturned edges of the watertight membrane. Cap or counter flashing shields the exposed edges and joints of the base flashing. Gravel Stop - Flanged device, normally metallic, designed to prevent loose aggregate from washing off roof. It also provides a finished edge detail for built-up roofing assembly. © 2012 Square One Roofing & Exteriors Inc. Section Inventory Report Glossary of Terms SQUARE [OSN E ROOFING & EXTERINC. Membrane - A flexible or semi -flexible material, which functions as the waterproofing component in a roofing or waterproofing assembly, and whose primary function is the exclusion of water. Modified Bitumen - Asphalt with the addition of polymer modifiers to increase cold temperature flexibility and warm temperature flow resistance and stability. Mole Run - A meandering buckle or ridging in a roof membrane not associated with insulation or deck joints. Non -Destructive Testing (NDT) - A method to evaluate the disposition, strength, or composition of materials without causing damage to the roof assembly. Oil Canning - Oil canning is triggered by thermal expansion and contraction of metal roof panels and flashing. Oil canning can be seen as a rolling or washboard bending of a piece of metal. To limit oil canning to a minimum, Garland designs our roofing systems with unlimited thermal movement, uses high quality roll forming equipment, and adds mechanical finishes to metal roof panels and accessories. PVC - A generic term for single ply plastic sheet membrane (poly vinyl chloride); seams are fused by solvent or hot-air welding techniques. Parapet - The part of the wall entirely above the roof. Penetration - (1) any object passing through the roof; (2) the consistency (hardness) of a bituminous material expressed as the distance, in tenths of a millimeter (0.1 mm), that a standard needle penetrates vertically into a sample of material under specified conditions of loading, time, and temperature. Ponding - The collection of water in shallow pools on the roof surface. Roof Assembly - An assembly of interacting roof components (includes the roof deck, vapor retarder [if present], insulation, and roof covering). Sag - Undesirable excessive flow in material after application to a surface. Slope - The ratio between the measures of the rise and the horizontal span. Soffit -The finish on the underside of a roof overhang. TPO — A generic term for single ply plastic sheet membrane (thermoplastic olefin); seams are fused by solvent or hot-air welding techniques. Wind Uplift - A wind uplift rating is not the miles per hour of wind speed a roof system can withstand, but rather, the negative pressure (pounds per square foot) that occurs when the inside air pressure of a building is greater than the air pressure outside the building. Most parts of North America require a 1-60 or 1-90 uplift resistance. Coastal regions and high wind areas may require additional uplift resistance. © 2012 Square One Roofing & Exteriors Inc. Section Inventory Report Disclosure: SQUARE IOSN E ROOFING & EXTERINC [1] This document is provided by Square One Roofing and Exteriors Inc. to the requester for their Internal Use Only. Any reproduction or distribution to anyone outside of the requestor's organization without the prior written permission of Square One Roofing and Exteriors Inc. is strictly prohibited. Measurements, condition ratings as well as any other data contributing to this report were gathered through a visual inspection. Installation quality, roof design, climate, roof exposure, roofing type, roofing slope, roof drainage and ongoing roof maintenance are all factors considered in the overall condition and rating of each roof section. Square One Roofing and Exteriors Inc. inspectors have physically inspected each of the roof sections listed in this report. In most cases measurements can be verified by a third party aerial report. All inspections are completed in good faith and are based on typical roof inspection practices, inspections have been performed by a HAAG Engineering Certified Roof Inspector. Inspections are performed as a non destructive inspections with no core samples taken. This inspection in no way represents a warranty or guarantee as to the future performance of the inspected roof sections. Square One Roofing and Exteriors Inc. makes no such guarantee or warranty on any roof covering, roof membrane, roof system or any part of the roof assembly included within this report. Copyright © 2012 Square One Roofing & Exteriors Inc. I r- Drivers Record Drivers Record Consider Data as Provided Last Name Matherson First Name Drew Middle Name Michael DOB 7124/XX Gender UnKnown License Number S80491367 State MA-DEPT MOTOR VEHICLES (3390) Verified Data Report requested on: 8/20/2015 Report completed on: 8/21/2015 Report: START OF DRIVING RECORD MASSACHUSETTS Driver Record - S592 Order Date: 08/20/2015 Bill Code: Host Used: Online Reference:SSF 81679222 License: S80491367 Name: MATHERSON, DREW M Report Clear:NO Address: City, St: As of: Sex : Weight: DOB AGE: Eyes: Height: Iss Date: Hair: Exp Date: 07/24/2016 Year License First Issued: 08/27/2011 STATUS: VALID Violations/Convictions And Failures to Appear And Accidents TYPE VIOL CONV ACD AVD V/C DESCRIPTION C VIOL 4/20/13 7/24/13 N04 MC04 897C RT OF WAY EMERG VEHC N LOCATION/DOCKET:DISTRICT COURT/CO2399 PTS: ACCD 6/23/14 AA01 ** ACCIDENT ** LOCATION/DOCKET:MASSACHUSETTS/ *ACC* Suspensions/Revocations License and Permit Information License: PERSONAL Issue: Expire:07/24/2016 Status:VALID C1ass:D NORMAL OPERATOR'S LICENSE RESTRICTION: LIMITED - OTHER Miscellaneous State Data CONFIDENTIAL INFORMATION - TO BE USED AS PER STATE AND FEDERAL LAWS. MISUSE MAY RESULT IN A CRIMINAL PROSECUTION IFOR STATED BUSINESS Underwriting: I Policy I Initials: I (PURPOSES ONLY I I I I I I Date: I Issue Date: I I I Control Number: 3URS28 I I I I I I END OF DRIVING RECORD increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 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 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 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. 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 hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is 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 City Of Fort Collins Purchasing ADDENDUM NO. 3 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8135: Roof Rplacement at 281 N College OPENING DATE: 3:00 PM (Our Clock) July 24, 2015 Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: Questions from Contractors: 1. What is the duration of the contractor's warranty/ guarantee for this project? The Contractor's warranty/ guarantee is to be for one (1) year as noted on page 104-105 Section 00800 Supplementary Conditions SC-13.12 Correction Period. Please contact Doug Clapp, CPPB, Senior Buyer at (970) 221-6776 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. Addendum 2 — 8135 Roof Replacement at 281 N Collge Page 1 of 1 SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT: 8135 Roof Replacement at 281 N College Place: Fort Collins Date: 7125/2015 1 In compliance with your Invitation to Bid dated June 19 , 20_15 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company. Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2 The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the pertaining to the Work to be done, all of which detailed Specifications, and the Drawings 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 Two thousand seventeen dollars and no cents. ($ 2.017.00 ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment Bonds is as follows: All-lar Financial Group Inc., 1P751 F MainsrrPet Suite 255 .Parker CO 80138 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead. whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of ,Addenda No. 1 through BID SCHEDULE (Base Bid) Roof Removal & Replacement for 3 Lower Well Areas LUMP SUM BASE BID $ 40,377.00 IN WORDS Forty thousand three hundred seventy seven dollars and no cents BID ALTERNATE 1 Upper Area Roof Removal & Replacement at 261 N College LUMP SUM BID $ 70.762.00 IN WORDS Seventy thousand seven hundred sixty two dollars and no cents BID ALTERNATE 2 Square Foot cost for roof decking replacement as needed SQUARE FOOT COST $ 4,73 IN WORDS Four dollars and seventy three cents PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal. dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. (Seal - if Bid is by corporation RESPECTFULLY SUBMITTED: CONTRACTOR BY - Printed Date Manager Title Fort Collins CO 80525 Telephone 970-290-5393 ext 703 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 BID BOND *'ACertified Check in lieu of Bid Bond` KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and , as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OVINER. in the sum of $ for the payment of which, well and truly to be made.. we hereby jointly and severally bind ourselves, successors, and assigns. GUAj -ANTY BANK Amen TkuST CC)NiPANY 'UFCHASER ***SELECT ROOFING CONTRACTORS LLC*** RAY TWO THOUSAND SEVENTEEN AND 00/100 TO THE ***CITY OF FORT COLLINS*** ORD-r OF R this ch ,.k is Icst, s:aten or destrovad within 90 tLlys a' the date ft Is issued, we will ncl VRV Of iSlua a reDlaccment check Wthout an 7ncemnily bony. Attar 90 days, we wil pay or issue a toplewmmt check upon racupt at a properly executed de iarzlion of loss form. CASHIER'S CHECK C:CMreEVT: 8135 ROOF REPLACEMENT 0 281 N. COLLEGE 1331 Seventaunth Strout 176795 Denver, Colcrado d0202 W3; 293-5500 DATE �'Uly 28r 2015 $******2, 017. 00*** ^AUTHORIZED SIGNATURE f Jim L7679Sill 1:L0200D96Pill: ueLSOCOODL.S&I expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20_, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Address: By: Title: ATTEST: By: (SEAL) OR SURETY 0 Title: (SEAL) SECTION 00420 STATEMENT OF B!DDER'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. Name of Bidder. Zack Stanevich with Select Roofing Contractors, LLC 2. Permanent main office address: 2614 S. Timherline Rd Unit 109182, FC M 80525 3. When organized: OctQhef 2012, 4. If a corporation, where incorporated: 5, How many years have you been engaged in the contracting business under your present firm or trade name? 1.75 years f over 20 years in the roofing industry) 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) Clayton Elementary School: $229.098.00 completion date of July 31. 2015 Ross Charter School, NG Aurora & Frisco, Aims: S700,552 completed by Aug 31, M 5 Big O Tires, Memory Care, Foothills, Columbine Apts: $513 010 completed by Sept 30, 2015 7. General character of Work performed by your company: B. Have you ever failed to complete any Work awarded to you? NO If so, where and why? 9. Have you ever defaulted on a contract?. If so, where and why? 10. Are you debarred by any government agency? If yes list agency name 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. •. r•• ►-MOM•r - 111 11 ••r• - -• OM 1 Windsor Charter Academy New Const Windsor: $125.000 completed Summer 2015 12, List your major equipment available for this contract. All associated roofing tools and equipment including chute, cutters, rollers, carts. 13. Experience in construction Work similar in importance to this project: We complete all roofing proiects including, new construction, reroofing. repairs and service. 14. Background and experience of the principal members of your organization, including officers: Zack Stanevich: Graduate from CSU with a focus in construction management with more than 8 years in the roofing industry and over 15 years in cons -ruction. Nathan Lopez has more than 12 years in the roofing industry and over 20 years in the construction industry as a laborer, estimator, project coordinator, superintencent. and nfsarations manager 15. Credit available: $ nona needed, self financed 16. Bank Reference: C;uaranty Bank and Trust Company_ Tim Hill 970-454-4193 Rory Mill. Branch Manager, 970-267-6803 17. V\fiII you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yps 18. Are you licensed as a General Contractor? If yes. in what city, county and state? What class, license and numbers? 19. De you anticipate subcontracting Work under this Contract? Nn If yes, what percent of total contract? And to whom? 20. Are any lawsuits pending against you or your firm at this time? Nrj IF yes, DETAIL 21. What are the limits of your public liability? DETAIL Nnnp What company? 22. What are your company's bonding limitations? 5500.000.00 bonding capacitylor in progress 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 Z �U�� this 21 day of July 20 15 Company: Select Roofing Contractors, LLC By: printed: Zack Stanevich Title: Manager State of Colorado County of Larimer ZlkLk k (kYA t being duly sworn deposes and says that he is Zack Stanevich of Select Roofing Contractors. LLC (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this Ij day of 20L,� (Seal) Nota Public VA AA X;A--t�N My commission expires: R !. 7 )/Lo � 6 JORDYN KIRKPATRICK-MACKIE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144030978 VY C%WSfON EXPIRES AUGUST 7 2019 City Of Fort Collins Purchasing ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8135: Roof Rplacement at 281 N College OPENING DATE: 3:00 PM (Our Clock) July 24, 2015 Financial Services Purchasing Division 215 N. Mason St. 2no Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Questions & Answers Please contact Doug Clapp, CPPB, Senior Buyer at (970) 221-6776 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. Addendum 2 — 8135 Roof Replacement at 281 N Collge Page 1 of 4 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors far the work items listed belcvd and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR NA (eve are performing all of our work) SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: August 24, 2015 TO: Select Roofing Contractors, LLC PROJECT: 8135 Roof Replacement at 281 N College OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated July 25, 2015 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8135 Roof Replacement at 281 N College. The Price of your Agreement is One Hundred Eleven Thousand One Hundred Thirty -Nine Dollars ($111,139), which is the sum of the Lump Sum Base Bid and Bid Alternate 1. 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 August 21, 2015. 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 A By: v t Gerry Paul Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 24th day of Au ust in the year of 2015 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Select Roofing Contractors. LLC (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 8135 Roof Replacement at 281 N College. ARTICLE 2. ENGINEER The Project has been designed by the City of Fort Collins Operations Services Department, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within sixty (60) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within thirty (30) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred Dollars ($500 for each calendar day or fraction thereof that expires after the sixty (60) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Two Hundred Fifty Dollars ($250) for each calendar day or fraction thereof that expires after the thirty (30) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Hundred Eleven Thousand One Hundred Thirty -Nine Dollars Dollars ($111,139), 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, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, 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. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER 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. 95% 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 Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of 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, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: N/A The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 3, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: C TY OF FORT LLINS By: GERRY L City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 CONTRACTOR: SELECT ROOFING CONTRACTORS, LLC By: 2...Vj-c Sfw�teJc.Ll PRINTED Title:wy-Cif Date: u �� b Attest: (CORPORATE SEAL) A o F jr Address for giving notices: <L� Assistant City Attorney License No.: SECTION 00530 NOTICE TO PROCEED Description of Work: 8135 Roof Replacement at 281 N College To: Select Roofing Contractors, LLC 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. CitV of Fort Collins OWNER Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: Select Roofing Contractors, LLC By: Title: 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 EXHIBIT 1 — QUESTIONS & ANSWERS Questions from Pre -Bid walk: 1. When is expected start date? After signed contract and notice to proceed. 2. Confirm insulation thickness and is it required? Roofing insulation is not required for this project. However the roof does need to meet a Class A fire rating. 3. HVAC units on the roof - who is to handle covering up? Moving lines etc. City of Fort Collins HVAC technicians and Electricians. 4. Where is the staging area to be? In the alleyway on the south side of the building 5. Windows on the upper area on the South facing side — how to handle if insulation is required? As noted above roofing insulation is not required for this project. 6. Asbestos — has the roof been tested? No asbestos on roof— came back as non -detect. 7. Is any of the coping to be replaced? If so is there a metalwork specification? No 8. Please provide information on the roof decking? 1x12 wood planks 9. Are skylight replacements to be included in the bid? No 10. If insulation required, who is to cover cost to raise the HVAC units? As noted above roofing insulation is not required 11. Is there attic insulation? If so is roof insulation required? Yes, as noted above roofing insulation is not required 12. Are crickets required on backside of HVAC units? Yes to allow for positive drainage away from the HVAC units Addendum 2 — 8135 Roof Replacement at 281 N Collge Page 2 of 4 rU SECTION 00610 PERFORMANCE BOND Executed in Triplicate Bond No. 505792P KNOW ALL MEN BY THESE PRESENTS: that Premium: $3, 334 .00 Select Roofing Contractors, LLC 2614 S Timberline Road #109-182, Fort Collins, CO 80525 A limited liability company, hereinafter referred to as the "Principal' and Developers Surety and Indemnity Company 17771 Cowan, Suite 100 Irvine, CA 92623 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 Eleven Thousand One Hundred Thirty -Nine Dollars ($111.139) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 24th day of August. 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8135 Roof Replacement at 281 N College. 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. 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 22nd day of September 2015. 1 PRESENCE OF' Principal Select Roofing Contractors, LLC By: �7.AA. (Title) I(Title) (Corporate Seal) 2614 S. Timberline Rd. #109-182, Fort Collins (Address) CO, 80525 IN PRESENCE OF: Other Partners By: Bv: IN PRESENCE OF: Surety :Develope ety and Indemnity Company v' �� By:.: oe G rero, torn-in4`ct 17771 Cowan, Suite 100, Irvine, CA 92623 (Address) (Surety Seal) NOT E: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND Executed in Triplicate Bond No. 505792P Premium: Incl. in Performance KNOW ALL MEN BY THESE PRESENTS: that Bond Select Roofing Contractors, LLC 2614 S Timberline Road #109-182, Fort Collins, CO 80525 a limited liability company, hereinafter referred to as the 'Principal' and Developers Surety and Indemnity Company 17771 Cowan, Suite 100 Irvine, CA 92623 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. 300 Laporte Ave., Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of One Hundred Eleven Thousand One Hundred Thirty -Nine Dollars ($111,139) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 24th day of August. 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8135 Roof Replacement at 281 N College. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools. consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. 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 22nd day of September ,2015 (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Sure!y Sea]) Principal :Select Roofing Contractors, LLC tit,<y-tr (Title) 2614 S. Timberline Rd. #109-182, Fort Collins (Address) CO, 80525 Other Partners By: By: Surety : D opens rety and Indemnity Company B ve Guerrero, Attorney -in -fact 7771 Cowan, Suite 100, Irvine, CA 92623 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: "'Kevin J. Jackson, Noe Guerrero, Jiale Xu, Thomas M. Cimino, Beverly McCoy, Donald H. Gibbs, jointly or severally — as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s}in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney, RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015. / � � 1' y AND ?ANY By, ,v��'( �.�, l�y�� OMO,c Daniel Young, Senior Vice-President(jf�J /pPPOl;gr �y ��G OpPOA 4 I2° OCT. � � Z ;' a r By: Mark Lansdon, Vice -President a-! t0 0 2 OCT.5 OJ 1936 0 6 1967 10WPAh, ti n9C/FOP.x Ou_........., •• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this ceAificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On January 29 2015 before me. Lucille Raymond Notary Public Date Here Insert Name and Tide of the Officer personally appeared Daniel Young and Mark Lansdon Namels) of agmr(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of _ LUCILLE RAYMOND which the person(s) acted, executed the instrument. Commission 0 2081945 Notary Public - Cslifornls I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is z Orange Courrty true and correct. M Comm. Expires Oct 13, 2018+ WITNESS my hand and official seal. Place Notary Seal Above Signature / Lucills y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. A //nn••''ThlIis Certificate is executed in the City of Irvine, California, this ZZd �'p� day of 5T�i.�d , TC 1r— By: &.- 1. Cassie J 01rnsford, Assistant SectAtary ID-1380(Rev.01/15) J SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SELEC-2 OP ID: KLJ ,ft o CERTIFICATE OF LIABILITY INSURANCE �/ GATE 0911612015 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(ies) 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 endorsement(s). PRODUCER Renaissance Insurance Group O Box 478 CONTACT Scott P. Runyan NAME: PHONE 970-674$825 FAX A/C No E:t N,; 970-674.8826 101 E Main Street Windsor, CO 80550 EE MAIL ADDREss: srunyan@reninsurance.com INSURERS) AFFORDING COVERAGE NAIC9 Scott P. Runyan INSURER A: PInnacol Assurance INSURED Select Roofing Contractors,LLC INSURER B: Ohio Security Insurance Co. 41785 Zack Stanevich 2614 S Timberline Rd #109-182 INSURER C: United Specialty Insurance Co. INSURER D: National Union Fire Insurance Fort Collins, CO 80525 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER MM OIDY /YYVY MM/DD/YYYY LIMITS C X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS -MADE T OCCUR X BV01513262 01/08/2015 01/08/2016 PREMISES DERaoccunence $ 50,000 MED EXP(Any one person) $ EXCLUDED PERSONAL B ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,00 POLICY ] JEST LOC PRODUCTS -COMP/OPAGG $ 2,000,00 $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00 X BODILY INJURY (Per person) $ B ANY AUTO X BAS56019150 03/12/2015 03/12/2016 ALL OWNED SCHEDULED AUTOS AUTOS $ BODILY INJURY (Per accdent) X PROPERTY DAMAGE Per accident HIRED AUTOS X NON -OWNED AUTOS $ a UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,00 X AGGREGATE D EXCESS W16 CLAIMS -MADE BE051730852 09/23/2014 09/23/2015 $ 1,000,000 DELI X RETENTIONS 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 171398 03/01/2016 03/01/2016 X R STATUTE EORTH E.L. EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) NIA E.L. DISEASE - EA EMPLOYE $ 1,000,00 II S6 , cribe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 00Q00 $ , DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) dclapp@fcgov.com; Certificate wording is subject to policy forms, conditions, definitions and exclusions. Project: Roof Replacement e 281 N College, Fort Collins, CO. City of Fort Collins, its officers, agents and employees are included as additional insured with respect to General Liability and Auto Liability. CERTIFICATE HOLDER CANCELLATION City of Fort Collins 300 LaPorte Ave Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8135 Roof Replacement at 281 N College PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Select Roofing Contractors. LLC CONTRACT DATE: August 24 2015 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. 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 No REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20_ TO: Select Roofing Contractors, LLC Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Select Roofing Contractors, LLC for the City of Fort Collins project, 8135 Roof Replacement at 281 N College. 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 August 24, 2015. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 20_ Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Select Roofing Contractors, LLC (CONTRACTOR) PROJECT: 8135 Roof Replacement at 281 N College The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Questions from Contractors: Does the existing roofing include any asbestos? No 2. Is there a cost associated with obtaining the necessary permit from City of Fort Collins for blocking the alleyway [for staging/loading/unloading/dumpsters/dump trucks, etc.] at the south side of the building? Any costs for alley closures or parking permits are the responsibility of the successful bidder. If so, can how do find out what the cost is? Can you provide the contact information for the appropriate individuals or department who can provide a price quote? For the South side alley there is a $10190 day encroachment permit (lrttfr//www.fc,ov.co`n/en;iiteering/1,7t/f/encrocrcln ientpern2it digitul.p(O and if the sidewalk is blocked or required to be block such as crane use then there is a $35.00 fee and a traffic control plan required. Contact Fred Jones (fiones(a,*gov.com) 3. Is there a a cost associated with obtaining the necessary permits in order to utilize the parking lot at west side of building, the street parking spaces at north side of building, and the street parking at the east side of building [for loading/unloading/etc.] ? If so, how do we find out what this cost is? Can you provide the contact information for the appropriate individuals or department who can provide a price? No cost for parking permits, however parking spaces are limited. Parking passes are required and available through Parking Services. City is not responsible for any parking tickets. 4. Is the lower roof area near the northeast corner, the one that has been reroofed with TPO single -ply, included in the work for this bid? This section of roof is excluded from the Base & Alternate Bids. If so, is it to be included with the Alternate Bid No. 1, or the Base Bid? See answer above. 5. Is a vapor barrier required to be part of the new roof assembly? Section 07220 [Roof and Deck Insulation], Part 1. 1.01, A. makes reference to a vapor barrier. No Vapor barrier required, however the roof is required to meet a Class A Fire Rating 6. What is the minimum R Value that we are to achieve with the new roof insulation? N/A Section 07220 [Roof and Deck Insulation], 2.02, A., 2., states that the thickness is to be " 4" or as required to meet thermal requirements specified above." Is the thermal requirement, or R Value, specified anywhere? I have not been able to find its location. No roofing insulation is required. Addendum 2 — 8135 Roof Replacement at 281 N Collge Page 3 of 4 Signed this day of , 20 CONTRACTOR: SELECT ROOFING CONTRACTORS, LLC 0 Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by Witness my hand and official seal. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Select Roofing Contractors, LLC PROJECT: 8135 Roof Replacement at 281 N College CONTRACT DATE: August 24, 2015 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR. and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 (Surety Company) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE A CONTRACTOR APPLICATION DR 0172 (12/98) FOR COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 EXEMPTION CERTIFICATE (303)232-2416 Pursuant to Statute Section 39-26.114(1)(a)(XIX) DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become 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, State. Zip). Contact Person E-Mail address. Federal Employer's Identification Number. Bid amount for your contract: Fax Number: ` eusmess 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 number: 98 Address of exempt organization (City, Stale, 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 (es) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date I completion data: If 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 I Date: I DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS GENERAL. CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC, No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINTFICNS...................................................... I 1.1 Addenda 3 1,2 Agreement .......................................... 1 1.3 Application for Payment„ ..................... 1.4 Asbestos 1.5 Bid 1.6 Bidding Documents, ............ ....... ....... L7 Bidding Requirementk ......................... I 1.8 Bonds 1.9 Change Order_.-...._._... 1.10 Contract Documents,--........-_............. 1.11 Contract Price . 1 1.12 Contract Times, ............................. 1.13 CONTRACTOR ........ ............... ......... 1.14 defective ...................... ........ . .......... J 1.15 Drawings..._ ............... .......... . ........... 1.16 Effective Date of the Agreement,._.__..,. 1.17 ENGINEER 1.18 ENGINEEWs Consultant, ..................... 1.19 Field Order .......................................... 1 1.20 General Requirements .........................2 1-21 Hazardous Waste 2 1.22.a Laws and Regulations; laws or Regulations I & 1.211a ...................................... Legal Holidays ................................ 2 1.23 Liens 1 1.24 Milestone.................._..........._...........2 1.25 Notice of Award 2 1.26 Notice to Proceed.................................2 1.27 OWNER .............................................2 LN Partial Utilization,........ ...................... 2 1.29 PCBs 7 1.30 Petroleum ...........................................2 1.31 Project.... -------------------------------- ..... 2 1,32.a Radioactive Material ............................2 132.1a Regular Working Hours .......................2 1.33 Resident Project Representative... ......... 2 1.34 Samples ..............................................2 1.35 Shop Drawings .................................... 2 1.36 Specifications .....................................2 1.37 Subcontractor .....................................2 1.38 Substantial Completion „,,,,,,,,,,,,,,,,,,,,,,2 L39 Supplementary Conditi®s...................2 140 Supplier .........................I....................2 1.41 Underground Facilities.......................2-3 1.42 Unit Price Work ....................... ........... 3 1.43 Work .................................................. 1.44 Work Change Directive .................... __3 1,45 Written Amendment, ...........................3 Page Number PRELIMNARY MATTERS ................................ 3 2A Delivery of Bondi; ............ ............... 3 22 Copies of Documents .......................3 23 Commencement of Contract Times, Notice to Proceed ................ 3 2.4 Starting the Work ............................3 2.5-2.7 Before Starting Construction: CONTRACTOR's Responsibility to Report-, Preliminary Schechles. Delivery of Certificates of Insurance 34 2.8 Reconstruction Conference 4 2.9 Initially Acceptable Schedules . ....... 4 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................ ­­.­ ... 4 3.1-3.2 Intent . ...... ............ .................. 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 Aduccu'ves.- .................................. 5 3.5 Amending Contract Docurients, ........ 5 3,6 Supplementing Contract Documents 5 3.7 Rouse of Documents 5 AVAILABILITY OF LANDS-, SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 5 4.1 Availability of Lands.. ... ...... ........ 5-6 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawings ....................... 6 4.2.2 Limited Reliance by CONTRAC- TOR Authorized, Technical Data....... ..................... ............... 6 4.2.3 Notice of Differing Subsurface or Physical Conditions,,,,,,,,,,,,,,,,,, 6 4.2.4 ENOT.NFERs Review 6 4.2.5 Possible Contract Documents Change................................... 6 4.2.6 Possible Price and Times Adjustments ........... ................... 6-7 4.3 Physical Conditions --Underground Facilities .......................................7 4.3,1 Shown or Indicated_,._....................7 4.3.2 Not Shown or Indicate4, . ........ ......... 7 4.4 Reference Points ...............................7 EJCDC GENE AL COM31TIONS 1910-8 (1990 EMON) w/ OTY OF FORT COLUM MODMCAITONS (REV 9199) Article or Paragraph Number & Title Page Article or Paragraph Page Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material .................... 7-8 BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds.............................................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance....................8 5.4 CONTRACTOR's Liability Insurance ......................................... 9 5.5 OWNER s Liability Insurance,,,,,,,,,, 4 5.6 Property Insurance ..........................¢10 5.7 Boiler and Machinery or Addi- tional Property Insurance ................. 10 5.8 Notice of Cancellation Protision ......... 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts...................10 5.10 Other Special Insurance ....................10 5.11 Waiver of Rights... ............................. 11 5.12-5.13 Receipt and Application of Insurance Proceeds ...... ............... 10-11 5.14 Acceptance of Bonds and Insur- ance; Option to Replece...................11 5.15 Partial Utilization --Property Insurance ........................................ I I CONTRACTOR'S RESPONSIBILITIES ...............11 6.1-6.2 Supervision and Superintendeno;....... 11 6.3-6.5 Labor, Materials and Equipment.._ 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTORS Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights .............. .......... 13-14 6.12 Patent Fees and Royalties..................14 6.13 Permits.............................................14 6.14 Laws and Regulations .......................34 6.15 Taxes...........................................14-15 6.16 Use of Premises.................................15 6.17 Site CleanlinerA................................ 15 6.18 Safe Structural Loading.....................15 6.19 Record Documents .............................15 6.20 Safety and Protection....................15-16 6.21 Safety Representative .........................16 6.22 Hazard Communication Program� ...... 16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Sample*..............16 6.25 Submittal Proceedures; CON- TRACTOR'S Review Prior to Shop Drawing or Sample Submittal....................................16 6.26 Shop Drawing & Sample Submit. tals Review by ENGINEER ,..... 16-17 6.27 Responsibility for Variations From Contract Document ... 17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ...................................17 6.29 Continuing the Work.....................17 6.30 CONTRACTOR's General Warranty and Guarantee..............17 6.31-6.33 Indemnification ... .. . ...................17-18 6.34 Survival of Obligations ....................18 OTHER WORK.................................................18 7.1-7.3 Related Work at Site.......................IS 7.4 Coordination.................................18 OWNER'S RESPONSIBILITIES .........................18 8.1 Comm unieations to CON- TRACTOR ............................. _.. I S 8.2 Replacement ofENGINEER, ........... 18 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports and Tests _.18-19 8.5 Insurance ............................. _........19 8.6 Change Ord:rs...............................19 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ......................................19 8.9 Limitations on OWNER'S Responsibilitieg ......................... 19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material....................J9 8.11 Evidence of Financel Arrangements. ............................ 19 ENGINEERS STATUS DURING CONSTRUCTION.............................................19 9.1 OWNER's Representative ...... ......... 9 9.2 Visits to Site..................................19 9.3 Project Representative ...............)9-21 9A Clarifications and Interpre- tations.........................................21 9.5 Authorized Variation in Wrk.......21 EICDC GENERAL CONDITIONS 1910.8 (1 "0 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99), Article or Paragraph Number & Title Page Article or Paragraph Number Number dt Title 9.6 Rejecting Defective Work.................. 21 9.7-9.9 Shop Drawings, Change Orders and Payments ................................... 21 9.10 Determinations for Unit Prices 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial lnterpreteT..............22 9.13 Limitations on ENGINEERS Authority and Responsibilitiq..... 2-23 CHANGES IN THE WORK ....................................... M 10.1 OWNER's Ordered Change................;3 14. 10.2 Claim for Adjustmen........................ 23 10.3 Work Not Required by Contract Documents ..................................... 23 10.4 Change Order; ................................. 23 10.5 Notification of Surcty.----...... ............23 CHANGE OF CONTRACT PRICE .............................23 11.1-1 L3 Contract Price; Claim for Adjustment Value of the Work ............................. .. 23-24 11.4 Cost of the Work ..........................24-25 11.5 Exclusions to Cost of the Work ....... ...25 11.6 CONTRACTOR's Fee.......................25 11.7 Cast Records ................................. 25-26 11.8 Cash Allowances ...............................26 11.9 UrAt Price Work................................26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment _.....................26 12.2 Time of the Essenc4 ..........................26 12.3 Delays Beyond CONTRACTORS Control ..................................... 26.27 12.4 Delays Beyond OWNEWs and CONTRACTOR's Control...............27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC77YE WORK..................................................27 13.1 Notice of Defects...............................77 13.2 Access to the Work ............................27 13.3 Testa and Inspections; CONTRACTOR's Cooperation........, 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory....., 27 13.5 CONTRACTOR's Responsibilities.. ..... ......................27 13.6-13.7 Covering Work Prior to Inspec- tion. Testing or Approval., ............... 27 13.9-13.9 Uncovering Work at ENGI- pap Number NEER's Re9uest........... ........ _. 7-28 13.10 OWNER May Stop the Work......... 28 13.11 Correction or Removal of Defective Work..........................28 13.12 Correction Period, .......... ............ _28 13.13 Acceptance ofDefective Work ,........ 28 13.14 OWNER May Correct Defective Work- ............................. 29-29 PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. 29 14.1 Schedule of Values .........................29 14.2 Application for Progress Payment, ............................ _...... 29 14.3 CONTRACTOR's Warranty of Title ........................................... 29 14.4-14.7 Review of Applications for Progress Payments.................29-30 14.8-14.9 Substantial Completion ..................3O 14.10 Partial Utdizatiort .....................30-31 14.11 Final lnspectiort .............................31 14.12 Final Application for Payment ........ 31 14.13-14.14 Final Payment and Acceptancq_,___31 14.15 Waiver of Claims ..... ........... ..... 31-32 15. SUSPENSION OF WORK AND TERMINATION 32 ................................................ 13.1 OWNER May Suspend Work ...... ... 32 15.2-15.4 OWNER May Terminate._,,,_.,_„_....32 15.5 CONTRACTOR May Stop Work or Terminate,,,,,,,,,,,,,,,,, 32-33 1.101►)Gi011i 10:0i7iWItrc 17. MISCELLANEOUS ........................................... 33 17.1 Giving Notice ................................ 33 17.2 Computation of Tim es................._.33 17.3 Notice of Claim .............................. 33 . 17.4 Cumulative Remedies33 17.5 Professional Fees and Court Cotes Included .............................33 17.6 Applicable State Laws ............... 33.34 Intentionally left blank ................................ ...... 35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement ................._„ GC_A1 16.1-16.6 Arbitration...._ .........._.....__QC -AI 16.7 Mediation ..............................pC_A1 FICDC c ETMIA1. COMAT10Ns 1910.8 (1990 EDMON) w/ CITY OF FORT COLLMS MODMCA71ONS (REV 9199) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and Insurance........................................5.14 defective Work...........................10.4.1. 13.5, 13.13 final payment........................................9.12, 14.15 insurance......................................................... 5..14 other Work. by CONTRACTOR ................... ..... Substitutes and "Or -Equal" Items,....................¢.7.1 Work by OWNER... . .......................... 2.5. 6.30, 6.34 Access to the -- Lands, OWNER andOONTRACTOR responsibilities..............................................4.1 site, related Work .............................................. 7.2 Work...........................................13.2, 13.14. 14.9 Acts or Omissions-. Acts and Omissions - CONTRACTOR .................................. 6.9.1, 9.13.3 ENGINEER ............. ............. ........... 6M, 9.13.3 OWNER....................................................0.20. 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6. 1.10, 6.19). 1.1 Additional Property Insurances ................................. 5.7 Adjustments - Contract Price or Contract Times ....... ....... _............ 1.5, 3.5, 4.1, 4.3.2, 4.5.2. ..............................4- 5-3. 9.4. 9.5. 10. 2-10. 4. ...................................... ...11. 12. 14.8. 15.1 progress schedule ............................................... .6 Agreement -- definition of ...................................................... ) .2 'All -Risk" Insurance, policy fa m ...........................5.42 Allowances, Cash....................................................11.8 Amending Contract Documents ................................ 3.5 Amendment. Written -- in general,.,.___....... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ..........................0.9.2, 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 far Payment -- definition of......................................................1.3 ENGTNEER's Responsibility ............................... 9.9 final payment.................9.13.4, 9.13.5, 14.12-14.15 in general ...........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment ... ................................... 14.1-14.7 review of ........................................ .......... 14.4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant thereto..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work,.,_,,.,,, 4.5.2 definition of.......................................................JA Article or Paragraph Number OWNER responsibility for ............................ 4-5.1, 8A0 possible price and times change„ ..................... 4.5.2 Authorized Variations in Work,,..,,... 3.6, 6.25, 6.21, 95 Availability of Lands...................... ..................4.1.8.4 Award. Notice of --defined .... 1...... - ..........................1 25 Before Starting Construction..............................7.5-18 Bid --definition of............. ........... 1.5 (1.1, 1.10, 2.3, 3.3, ........................42.6A, 6.13, 11.4.3, 11.9.1) Bidding Documents -definition Of_...............................I................1.6 (6.8.2) Bidding Requirements--deftnition Of .........................................1.7 (1.1, 4.2.6.2) Bonds -- acceptance of...................................................5.14 additional bands..................................10.5, 11.4.5.9 Cost of the Work............................................11.5.4 definitionof........................................................1.8 delivery of.. . ................................................ 2. 1, 5.1 final Application for Payment ................14-12-14.14 general......................................1.10, 5.1-5.3, 5.13, ........................................ 9.13, 10.5. 14.7.6 Performance, Payment and Othe;...................5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form_ ......................5.61 Cancellation Provisions, Insurance.,,,,,.. 5.4.11, 5.8, 5.15 Cash Allowances.................................................11.8 Certificate of Substantial CompleticA ........ 1.38. 6.30.2.3, ....... _.........................................14.8. 14.10 Certificates of Inspectior;...................9.13.4, 13.5, 14.12 Certificates of hisurance..............2.7, 5.3. 5.4.11. 5.4.13, ..................... 5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances............................._................11.8 claim for price adjustment,...._.,,,,, 4.1, 4.16, 4:5, 5.15, 6.8.2, 9.4 ...................9.5. 9.11, 10.2, 10.5, 11 2. 13,9, ....................... 33.13,13.14,14.7,15.1,15.5 CONTRACTOR'S fee.........................................11.6 Cost of the Work general...............................................11.4-11.7 Exclusionsto..............................................113 Cost Records................................_..................11.7 in general.............).19. 1,44. 9.11.10A.2, 10.4.3. 11 Lump Sum Pricing..........................................11.3.2 Notification of Surety .................._..................... 10.5 Scope of .......................... .. ........... .......... 10-4-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EJCDC GENERAL CONDITIONS 1910.8 (1990 ED11I0N) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9/9g1 7. If the minimum R Value of the new roof insulation is such that its thickness will require the raising of HVAC units & curbs, duct penetrations and condenser units, as well as the service hook-ups [electrical, gas & refrigerant lines], will this HVAC/plumbing/electrical work be done by City of Fort Collins directly, i.e.: would the City contract directly and independently with a mechanical contractor? N/A Or, will this work be made part of the roof replacement contract with the roofers thereby becoming general, or prime, contractors to a mechanical subcontractor? No since no roofing insulation is required. 8. If the minimum R Value of the new roof insulation is such that its thickness will necessitate modifying [raising] the windows at the well roofs, who will be responsible for this window modification work? N/A Will the City of Ft. Collins hire a separate contractor to perform this work or will it be the responsibility of the roofer to become a general, or prime, contractor and hire the appropriate subcontractor to perform this work? N/A Will there interior finish work involved? N/A If the roofer is to be the prime contractor for this work, will the City issue specifications that will describe the materials, methods, and scope of this work? No since no roofing insulation is required. 9. Regarding the skylight curbs. They also may be too low [depending on the thickness of the new roof insulation] and will have to be raised. Is this work to be incorporated in the roofer's contractor [i.e.: to perform with in-house forces or to subcontract out] or will it be done by the City contracting directly with a separate contractor? N/A If raising the skylight curbs will be the responsibility of the roofers, will there be new interior finish work [i.e.: drywall, painting] required? N/A Will the City provide specifications that will describe the materials, methods and scope of this work? N/A. skylights are not in the scope of work and will not need to be raise etc. since there is no roofing insulation required. 10. Would the City consider extending the bid due date? See Addendum 1— the bid date changed to July 24th (from July 10'h). Addendum 2 — 8135 Roof Replacement at 281 N Collge Page 4 of 4 Unit Price Work 11.9 Article or Paragraph Number Value of Work 113 Change in Contract Times - Claim for times adjustmcnt, ....... A.1, 4.2.6, 45, 5.15, ............ 6,8.Z' 9.4, 9.5, 9.11, 10.2, 10.5. 12.1, * ...... * ....... 139, 13-13, 13.14, 14.7. 15.1, 15.5 Contractual time limits.....................................12.2 Delays beyond CONTRACTORs control. ........... ....... ................ __ ..... 12.3 Delays beyond OWNERs and CONTRACTOR's control ............................12.4 Notification of surety._...._..............................J0.5 Scope of change ....................... ................ 10.3-10.4 Change Orders -- Acceptance of Defective Work..........................13.13 Amending Contract Documents .........................3.5 Cash Allowances ......................-.......................11.9 Change of Contract Rico..._ .......................... .. I I Change of Contract Times ..................................12 Changes in the Work ........... ................... .......... jo CONTRACTOR!s fee 11,6 Cost of the Work ........... .. . ...................... 11.4-11.7 Cost Records 11.7 definition of ........ I ............................. ................ 1.9 emergencies .....................................................0.23 ENGINEER responsibility ....... 9.9. 10.4. 11.2 M execution of .....................................................10.4 .......... * .......... ....... ............ )0.4 Indcinnifiction .........................4.12, 6.16, 6.31-6.33 lnsuranm Bonds and ................... 5.10,5.13,10.5 OWNER may terminate ...................... ....... 15.2-15.4 OWNERs Responsibility ............................$.6,10.4 Physical Conditions. - Subsurface ancL ....................................... ..... 4.2 Underground Facilitics*7 .............................4.32 Record Documents........----_.... .... 6.19 Scope of Change ... .............................. .... 10-3-10.4 Substitutes ... .............. ......................... .4.7.3.6.9.2 Unit Price Work_ . .. ....................................... JI.9 value of Work, covered by .................................11.3 Changes in the Work.........--.- ..................... . ............ 10 Notification of surety ............. .............. ......... 10.5 OWNERs and CONTRACTORS responsibilities ............................. _.............10.4 Right to an adjustment ......................................10.2 Scope of change ........................................ 10.3-10.4 Claims - against CONTRACTOR....................................6.16 against ENGINEER .........................................6.32 against OWNER . .............................................. !132 Change of Contract Prior .......................... 9.4,11.2 Change of Contract TimeA ..........................4.4, 12.1 CONTRACTORs .............4. 7.1. 9.4, 9.5. 9.11. 10.2, ...........................ILL 11.9, 121, 13.9, 14.8. ........ I .......... 15.1.15.5,17-3 CONTRACTOR!s Fee. I ........ 1 .... - - - -1 11,6 Article or Paragraph Number CONTRACTOR'S liability,,,......, 5.4.6.I2, 6.16,6.31 Cost of the Work 1.4, 11.5 Decisions on Disputc4 ............................_9.11, 9.12 Dispute Resolution ............................................16.1 Dispute Resolution Agreement ................... 16.1-16.6 ENGINEER as initial interpretm .......................9.11 Lump Sum Pricing .........................................11.3.2 Noticeof ..........................................................1.7.3 ..... ­ ...... ................. J.7.3 OWNEWs ....................9.4, 9.5.9.11,10.7,11.2,11.9 ........................ 12.1, 13.9. 13.13, 13.14, 17.3 OWMER!s liability .......... ..... _ ................... 5.5 OWNER may refuse to make paymeril................14.7 Professional Fees and Court Costs Included ............ J7.5 request for formal decision op ........................... 9..Il Substitute Items .... ...... *** ..................... ...... 0-7.1.2 Time Extension al Time requircm ents ........................... __9.11, 12.1 Unit Price Work .............................................11.9.3 Value of 1.1.3 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 Interpretation* ............ 3.6.3,9.4,9.11 Clean Site .................... ---- __ ... _ ......... .............. .0. 17 Codes of Technical Society, Organization or Association ...................................... _ ......... 3.3.3 Commencement of Contract Times ...........................2.3 Communications - general ............................................... 6Z 6.9.2, 8.1 Hazard Communication Programs ...................... OM Completion - Final Application for Payment ..........................14.12 Final Inspection ........... J4.11 Final Payment 8�4-Acccplrnor ) 4.13-14.14 Partial Utilization, ........................................... 14.10 Substantial Completion......................139. 14.8-14.9 Waiver of Claims ............................................34.15 Computation of Times ..................... I ......... 17:2.1-17.2.2 Conccniing Subcontractors, Suppliers and Others .................................................. 6.&6.11 Conferences - initially acceptable schedules; ..............................29 preconstructiork .................................................. 2.8 Conflict, Error, Ambiguity, Discrepancy - CONTRACTOR to Report........._._......._.. 23,3.3.2 Construction, before starting by CONTRACTOR 2.5-2.7 Construction Machinery. Equipment, etc ..................6.4 Continuing the Work .................................... fiA 10.4 Contract Documents - Amending..........................................................3.5 Bonds, _ ... ......................................................53 EJIMCCENMAL CONDITIONS igio-go"o w1m) W/ CITY OF FORT COLONS MODIFICATIONS (REV 9199) Cash Allowances.__................._.....»-.-...-........11.8. Attiole or Paragraph Number Change of Contract Pr* .................................... I 1 Change of Contract Times .................................. 12 Changes in the Work..............................„10.4-10.5 check and verify .............................. _................ 2.5 Clarifications and Interpretations ........................3.2, 3.6, 9.4. 9.11 definition of ........................................ ............. 1,10 ENGINEER as initial interpreter of .... ........... ...5.11 ENGINEER as OWNER's representative ............. 9.1 general3 Insurance..........................................................5.3 Intent.................. ...................................... 3.1-3.4 minor variations in the Work... ............ ......... 3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt Payment ...... .................... $.3, 14.4, 14.13 precedence................................................3.1. 3.3.3 Record Documents............................................0.19 Reference to Standards and Specifications of Technical Societieg................................... 3.3 Related Work.....................................................7.2 Reporting and Resolving Discrepancies,,,,,,,, 2.5, 3.3 Reuseof................_._........._.............................3.7 Supplementing..................................................3.6 Term ination of ENGINEER's Employment_._--,_ _..8.2 Unit Price Work...............................................11.9 variations.......................................e3.6, 6.23, 6.27 Visits to Site, ENGINEBR's................................ 9.2 Contract Price - adjustment of 3.5, 4.1, 9.4. 10.3. 11.2-11.3 Changeof..........................................................11 Decision on Disputes. ....................................... 9.11 definition of.....................................................1.11 Contract Times - adjustment of ..........................3.5, 4.1. 9.4. 10.3. 12 Change of .... ........................................... 12.1-12.4 Commencement of ............................................ 2.3 definition of.....................................................1.12 COA'TRACTOR- Acceptance of Insuratta„_...............................5.14 Communications......................................6.2, 6.9.2 Continue Work.........................................6.29, 10.4 coordination and scheduling............................6.9.2 definition of....................................................J.13 Limited Reliance on Technical Data Authorized.... ----- * uthorized............. ...........................4.2.2 May Stop Work or Terminate ............................15.5 provide site access to others......................7 2, 13.2 Safety and Protection, ..................4.3.1 � 6.16. 6.18, ..................................... 6.21-6,23. 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal, ....................................... 0.25 Stop Work requirements___ ...... ,....... 4.5.2 OONTRACroR's- Article or Paragraph Number Compensation ..................................... ......11.1-11.2 Continuing Obligation.....................................14.15 Defective Work...............................9.0. 13.10-13.14 Duty to correct dejectitvr Work ..........................13.11 Duty to Repot -- Changes in the Work caused by Emergency.. ...........................__ _....... 6.23 Defects in Work of Others,,,,,,.......................7.3 Differing conditions...................................4.2.3 Discrepancy in Documents ........ 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated,.,,,,,,,, 4.3.2 Emergencies.....................................................6.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cast Plus 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarante4 .......................0.30 Hazard Communication Programs, ,,,,,............... 0.22 Indemnification .........................0.12, 6.16. 6.31-6.33 Inspection of the Work ............... ......... ....... 7.3, 13.4 Labor, Materials and Equipment...................0.3.6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance ..............................................5.4 Notice of Intent to Appeal .........................9.10, 10.4 obligation to perform and complete theWork... ................. ...... ....................... 0.30 Patent Fees and Royalties, paid for by................6.12 Performance and Other Bonds ............................5.1 Permits, obtained and paid for by.......................0.13 Progress Schedule...........................2.6.2.8.2.9, 6.6. .............. I......................... 6.29. 10.4, 15.21 Request for formal decisionon disputes .............. 9.11 Responsibilities -- Changes in the Work..................................10.1 Concerning Subcontractors, Suppliers and Others, ..................................... .M.11 Continuing the Work ..........................0.29. 10.4 CONTRACTOR's expense...........................0.7.1 CONTRACTOR'S General Warranty and Guarantee_...................................„6.30 CONTRACTOR s rcv icw prior to Shop Drawing or Sample submittal,,,,,,,,,,,,,,,, 6.25 Coordination of Work................................6.9.2 Emergencies ............................................... .23 ENGINEERS evaluation, Substitutes or "Or -Equal" Items ........... ................... 6.7.3 For Acts and Omissions of Others ......... .................... 6.9.1-6.9.2, 9.13 for deductible amonmts,insuuance,............... _5.9 general ................................. ........k 7.1, 7.3. 8.9 Hazardous Communication Programs.._....,., 6.22 Indemnification ...................................6.31-6.33 ve EXW GENEM CONDITIONS 1910.8 (1990 E01110T0 w7 CrTY OF FORT COLI.MS MODNICA170M (REV 9l99) Labor, Materials and Equipment .............. 6.3-6.5 Laws and Regulations ..................................6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation Erom Contract Documents.......................................... A27 Patent I= and Royalties ............................. . 0.12 Permits .......................................................0.13 Progress Schedule.........................................6.6 Record Documents 6.19 related Work performed prior to ENGINEERs approval of required submittals ............................................. 6-28 safe structural loading .................................6.18 Safety and Protection .............. . ..... 6.20, 7_7_ 13,2 Safety Representative..... ........ _ ....... ........... 6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples,,,,,,,,,,,,,,,, , „0,24 Shop Drawings and Samples Review by ENGIINEER. ...................................... 6.26 Site Cleanliness.......-..-..............................6.17 Submittal I-Yocedurcs 6.25 Substitute Construction Methods and Procedures 6.7.2 Substitutes and "Or -Equal" Item;................0.7.1 Superintendency...........................................6.2 Supervision ............................ . .................. 0.1 Survival of Obligations ................................ 6.34 Taxes _6. 15 Tests and Inspectiona..... ........ . ................... 13.5 ToReport ......................................................2.5 Use of Premises 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ......................................... 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim.---,-, A, T 1, 9.4, 9.5, 9.11, 10.111.2, 1.9, 12.1, 13.9, 14.8, 15.1, 15.5. 17.3 Safety and Protectio.................. 6.20-6.22. 7.2, 13.2 Safety Representative ...................................... .6.21 Shop Drawings and Samples Submittal;,,,, 6.24-6.28 Special Consultants,.._..._ ....................... ......11.4.4 Substitute Construction Methods and Procedures.6.7 Substitutes and 'Or -Equal" Items. Expense ........................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Other4 .......... 0.8-6.11 Supervision and Superintendency,,,,,,,, 6.1, 61, 6.21 Taxes, Payment by ............................................ 6.15 Use of Premises §. 16-6.18 Wan -antics and guarantees .................... _.0.5, 630 Warranty of Title..............................................14.3 Written Notice Required - CONTRACTOR stop Work or terrriinate, ....... 15.5 Reports of Differing Subsurface and Physical Condition* ........................4.2.3 Substantial Completion ................................141 Viii CONTRACTORS-other......:7 Contractual Liability Insurance... .......... __ .......... _5.4.10 Contractual Time Limits ........................................12.2 Article or Paragraph Number Coordination- CONTRACTORs responsibility ................ . ....... §.9.2 Copies of Documents ...............................................12 Correction Period .............................. ................... )3.12 Correction. Removal or Acceptance of Defective Work- in general ...................................10.4.1, 13.10-13.14 Acceptance of Defective Work ...........................13.13 Correction or Removal of Defective Work ................................. 6.30,13.11 Correction Period ............................................13.12 OWNER May Correct Defective Work . ............. 13.14 OWNER May Stop Work ............................. _13.10 Cost - of Tests and Inspection; ....................................13.4 Rccordsll.7 Cost of the Work -- Bonds and insurance, additional.. ................. 11.4.3.9 Cash Discounts..............................................11.4.2 romrRACTOWs Fee 11.6 Employee Expenses ....................................11.4.5.1 Exclusions to 11.5 General 11. 4-11.5 Home office and overhead expensci; ....................11.5 Losses and damages ....................................11.4.5.6 Materials and equipmen.................................11.4.2 Minor expenses ...........................................11.4.5.8 Payroll costs on changesi ........................ ..... . . 11.4.1 performed by Subcontractors ........................... 11-4-3 Recordsll.7 Rentals of construction equipment and machinery.... ...... .... ..................... 11.4,33 Royalty payments, permits and license fock ...................... .................... J 1A3.5 Site office and temporary lacilitie* ................ 11.4,51 Special Consultants, CONTRACTOR's ............ JI.4.4 Supplemental .................................................11.4.5 Taxes related to the Work ....... __ ........... ...... tL4.5.4 Tests and Inspection, ............................... ......... 13.4 Trade Discounts J 1.4.2 Utilities, fuel and sanitary Lacilitielt ..............11.4.5.7 Work after regular hours .................................11.4.1 Covering Work__, .......... ................ ....... 13.6-13.7 Cumulative Remedies ............ ........................ 17.4-17.5 Cutting. fitting and patching ...................................7.2 Data. to be furnished by OWNER .............................. P-3 Day -definition of ................................................ J7.12 Decisions on Disputes .................................... 9.11,912 defective --definition of... ........... _ ......... ................ 1.14 defective Work - Acceptance of ....... ......................... ..... 10.4.1,13.13 EXI)CCENERAL COM31TIONS1910-8 (1990 EDMON) W/aTY OF FORT COUINS MODTFICAIIONS (REV 9199) Correction or Removal of _ .,,-,•,-••„-----,10.4.1, 13.11 Correction Period 13.12 in general............ _........................13, 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work.................................13.10 Prompt Notice of Defects, .................................. 13.1 Rejecting...........................................................9.6 Uncovering the Work.......................................13.8 Definitions ... ............ 1 Delays ..................................... 4.1, 6.29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance .............................3 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions — Noticeof.........................................................4.2.3 ENGINEER's Review ............................. ........ 4.2.4 Possible Contract Documents Change .............. 4.2.5 Possible Price and Times Adjustment$••••,••••,••• 4.2.6 Discrepancies -Reporting and Resolving__ ........................- 2.5. 3.3.2, 6.14.2 Dispute Resolution— Agreement...............................................16.1-16.6 Arbitration................................................16.1-16 5 genera116 Mediation.........................................................16.6 Dispute Resolution Agreement.........................1.6.1-16.6 Disputes, Decisions by ENGINEER ................... 9.11-9.12 Documents_ Copiesof .......................................................... 2.2 Record 6.19 Reuse of. 33 Drawings -definition of..........................................1.15 Easements..............................................................4.1 Effective date of Agreement — definition qf••-•,,,,,-,,..1.16 Emergencies .............................. ............................ 0.23 ENGINEER — as initial interpreter on disputes.. ............... 9.11-9.12 definition of.. .......... ......................................... 1.17 Limitations on authority and responsibilitie,;•.... 9.13 Replacement of_.... ............. 8.2 Resident Project Representative .......... -................ .3 ENGINEER's Consultant — definition of .................. ENGINEER's-- authority andresponsibility, limitations or) ........ 9.13 Authorized Variations in the Work ..................... Change Orders, responsibility for,,.... 9.7, 10, 11, 12 Clarifications and Interpretations 3.6.3, 9.4 Decisions on Disputes., ............................. 9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Items .......................... 0.7.3 Liability ...................................................4.32, 9.12 Notice Work is Acceptable..............................14.13 Observations...........................................6.30.2, 9.2 OWNER's Representative........_ ..............._._.._.-. 9.1 Payments to the CONTRACTOR, Responsibility for ,............................... .... 9.9, 14 Recommendation of Payment ••-,,,••••.• ........ 14.4. 14.13 Article or Paragraph Number Responsibilities --Limitations op,•,.,,,.•_„••-,•9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions...............•.--_---_.....,4•.24 Shop Drawings and Samples, review responsibility .............................................. 6.26 Status During Construction -- authorized variations in the Work.................9.5 Clarifications and Interpretation; ,-••-•......••••••9.4 Decisions on Disputes „•„••„•,,,•„•,....... .......................... Determinations on Unit Price......................9.10 ENGINEER as Initial Interpreter___„. 9.11-9.12 FNGINEF.R's Responsibilities ................ 9.1-9.12 Limitations on ENGiNEER's Authority and Responsibilitie$..............................9.13 OWNER's Representative..............................9..1 Project Representative...................................9.3 Rejecting Defective Work..............................9.6 Shop Drawings, Change Orders and Payments. .......................... .......9.7-9.9 Visits to Site ............................. ................... 9.2 Unit Price determinations.................................9.10 Visits to Site.. . ...... ..................... ....................... 9.2 Written consent required..............................7.7, 9.1 Equipment, Labor, Materials and ........................0.3-6.5 Equipment rental, Coat of the Work..................11.4.3.3 Equivalent Materials and Equipmenj ........................4.7 error or ornissions..................................................0.33 Evidence of Financial Arrangement$.......................$.11 Explorations of physical conditionis........................ 4.2.1 Fee, CONTRACTORs—Costs Plus•••,•••••••••„••,-•-......11.6 Field Order — definition of.....................................................1.19 issued by ENGINEER ................................ 3.6.1. 9.5 Final Application for Payment..............................14.12 Final inspccti(m....................................................I4.11 Final Payment — and Acceptance ........... ,,......... -,-•,.......... 14,13-14.14 Prior to, for cash allovances••••••......••,••••.....••••...11.8 General Provisions ..............................._•-•,•,,,, 17.3-17.4 General Requirements — definition of ....................... .............................. 1.20 principal references tq..............2.6, 6.4. 6.6-6.7. 6.24 Giving Notice-.. , ...... ... ­ .......... ­ ...... ............... A T I Guarantee of Work —by CONTRACTOR ........ §30, 14.12 Hazard Communication Programs............„ .............0.22 Hazardous Waste -- definition of......................................................1.21 general............................................................. 4.5 OWNER's responsibility for...................•,,,-•.....-5.10 EJCDC GENERAL CONMTIONS 1910.8 (1990 ED171ON w/ CITY OF FORT COLUNS MODIRCA77ONS (REV 9/99) Indemnification ... ............. _ .......... 0. 1 Z 6.16, 6.31-6,33 Initially Acceptable Schedules ................................... 2.9 Inspection - Certificates of ...................... ....... 9.13.4.13.5, 14.12 Final ........... ....... ........................ - ............ 14.11 Article or Paragraph Number Special, required byENGINEER ..........................9.6 Tests and Approval ............................. $.7.13.3-13.4 Insurance - Acceptance of. by OWNER ...............................5.14 Additional, required by changes in the Work ..........................................11.4.5.9 Before starting the Work ..................................... 27 Bondsand -in general ..........................................5 Cancellation Provisions ..................................... 5.8 Certificates of ...................2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5. 5.8, 5.14, 9.13.4, * ".'.'. 14,12 completed operations ...................... I ........... 5A 13 CONTRACTOR's Liability ..................................5.4 CONTRACTOR's objection to coverage .............5.14 Contractual Liability ...................... _ .... ...... 5.4.10 deductible amounts, CONTRACTOTs responsibility ................................................5.9 Final Application for Payment ......... ........ _14.12 Licensed Insurers ...............................................5.3 Notice requirements, material change;,,,-,.. 5.8,10.5 Option to Replace .............................................5.14 other special insurances .................................... 5.10 OWNER as fiduciary for insuradq .............. 5.12-5.13 OWNER!s Liability..... 5.5 OWNERS Responsibility .................................... 8.5 Partial Utilization. Property Insuranci; ................5.15 Property...................................... I .............. 5.15-5-10 Receipt and Application of Insurance Proceeds .......... 512-5.13 Special Insurance .............................................5.10 Waiver of Rights .............................................. 5.11 Intent of Contract Documents .............................. 3. 1 -3.4 Interpretations and Clarificatiom ... ................. 3.6.3.9.4 Investigations of physical condition; ................. ....... 4.2 Labor, Materials and EquipmenK ......................... Lands - and Easements ...................... ...................... $A Availability of ......................................... _ _4.1. 8.4 Reports and Tests ...............................................8.4 Laws and Regulations -Laws or Regulations -- Bonds........................................................ 53-5.2 Changes in the Work ............................... ........ 10.4 Contract Documents ............................ . ............ 3.1 CONTRACTOR's Responsibilities ..................... 6.14 Correction Period. defechve Work ....................J3.12 Cost of the Work, taxes ...............................11.4.5.4 definition of .....................................................1.22 general6. 14 Indemnificatiork ........................................ 6.31-6.33 Insurance 5.3 Precedence . ...... ........................ ........... 3,1,3.3.3 Reference to 33.1 Safety and Protection ................................ 6.20.13.2 Subcontractors, Suppliers and Others,,,,,,,,, 6,8-6.11 Article or Paragraph Number Tests and Inspections ............................ . .... 13.5 Use of Premises ................................................0.16 Visits to Site.......................................................9.2 Liability Insurance-- CONTRACTOR's................................................ 5.4 OWNERs..............................-............................SS Licensed Sureties and Insurer* ................................. 5.3 Liens - Application for Progress Payment ......................14.2 CONTRACTOR's Warranty of Title ....................14.3 Final Application for Payment ..........................14.12 definition of .......... I ........................ ............. 1.23 Waiver of Claims ............................................14.15 Limitations on ENGR4EWs authority and responsibilities ......... ...................... ................. P. 13 Limited Reliance by CONTRACTOR Authorized......................................................4.22 Maintenance and Operating Manuals -- Final Application for Payment ..........................14.12 Manuals (of others) -- Precedence ................................................... 3.3.3.1 Reference to in Contract Document* ..................3.3.1 Materials and equipment - furnished by CONTRACTOR ..............................6.3 not incorporated in Work ................................... 14.2 Materials or equipment-equivalcrik .......................... 0.7 Mediation (Optional) ..............................................J6.7 Milestones -definition of ........... ...... . ........ . . . ...... 3 24 Miscellaneous -- Computation of Times....,.,._-_,__,...........___J7.2 Cumulative Remedies .............................. _ ........ J7.4 Giving Notice ....................................................17.1 Notice of Claim . ...... .. .......... ..........................17.3 Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts .................. .............................. :7 Not Shown or Indicated.._.....,,,-„ ...............„_ ........ 4.3.2 Notice of -- Acceptability of project.. ......... ........ I .......... 14.13 Award, definition of.........................................).25 Claim....................... . ........................... 17.3 Defem.13.1 Differing Subsurface or Physical Conditions,..,,- 4.2.3 Giving............................................................. 17. 1 Tests and Inspections ........................................133 Variation Shop Drawing and sampi; ................. o.r Notice to Proceed - definition of ......................................................126 givingof ....... ........... ....................... ................ 2.3 EJCDC CENULAL conxttONS 1910 -8 (1990 EDITION) WaTY OF FORT COLLDIS MODIFICATTONS (REV9199) Notification to surety ............................................. j0.5 Observations, by ENGINEER—— ...... .......... ).30,9.2 Occupancy of the Work ..................5.15, 630.2.4,14A0 Omissions or acts by CONTRAC`rOP ............... 0.9.9.13 Open Peril policy form. Insurance ..........................5..6.2 Option to Replace ....................................................5.14 Article or Paragraph Number "Or Equal" Items .................. . ...... . .......................... 6.7 Other work 7 Overtime Work —prohibition of .................................6.3 OWNER -- Acceptance of defectme Work .......................... J3,13 appoint an ENGINEER ......................................8.2 as fiduciary ............................................... 5.12-5.13 Availability of Lands, responsibilit.....................4.1 definition of .....................................................1.27 data, furnish__,,. ...................... ­ ......................... $3 May Correct Defective Work ............................ 13.14 May refuse to make payment,,,,,,,,,,,,,,,,,,,,, ,,JA. 7 May Stop the Work .............. . ............ ........... J3.10 May Suspend Work, Terminate ................ .......... $.8.13.10, 15.1-15.4 Payment, make prompt .................... 0.3.14.4,14.13 performance of other work .................................. 7.1 permits and licenses, requirements .....................4.13 purchased insurance requirements ............... 5.6-5.10 OWNER!s-- Acceptance of the Work..........._.............. Change Orders, obligation to viecute ......... 8.6, 10.4 Communications 8.1 Coordination of the Work 7.4 Disputes, request for decision ............................9.11 Inspections, tests and approval; .................. ;.7, 13.4 Liability Insuranot ............................................. 5.5 Notice of Defects ..............................................j3.1 Representative- During Construction, ENGMER's Status 9.1 Responsibilities — Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material, ............ -.8.10 ChangeOrders..............................................8.6 Changes in the Work ...... .................... 10.1 communications 811 CONTRACTORs respcnsibititicq ................... 8.9 evidence of financial arrwigemealip .............. $11 inspections. tests and approval* .....................8.7 insurance.....................................................8.5 lands and easements ..................................... 8.4 prompt payment by........................................ 8.3 replacement of ENGINEER, ......... ................. P.2 reportsand tests ............................................ 8-4 step or suspend Work ..... ........... 8.8,13.10, 15.1 terminate CONTRACrOWs services 8. 15.2 separate representative at site........._ ................... P.3 testing, independent... ............. ......... ---.....13.4 use or occupancy of the Work ........................ 5.1:5.6.30.2.4. 14.10 written consent or approval required ............................. ...... . ... 9.1. 6.3. 11.4 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODMCA770M (REV 9199) Article or Paragraph Number written notice required ........................7.1, 9.4. 9.11. ....................................ILL 11.9. 14.7. 15.4 PCBs -- definition of ....... . * . ...... ............... 1,29 general ...... ...... . ........... 4.5 OWNER'S responsibility for ............................. $10 Partial Utilization - definition of ............................. . ...... ............... 1-28 general 6.30.2.4,14.10 Property Insurance ............................................ 5.15 Patent Fees and Royalties ....................................... 16.12 Payment Bonds. ................................ ................. 5.1-5.2 Payments, Recommendation of .............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion - Application for ProgressNymentk ........... ......... 14,2 CONTRACTOR's Warranty of Title ........ ---------- J 4.3 Final Application for Payment .......................... 14.12 Final Inspection .................. ............................ 14.11 Final Payment and Acceptance ...............14.1314.14 general................................ ........................ ?.3, 14 Partial Utilization 14.10 Retainagc..........................................................14.2 Review of Applications for Progress Payments ........... .................... 14.4-14.7 prompt payment .................................................. $3 Schedule of Values ... ................................... I ..... 14A Substantial CompleticA .............................. 14.8-14.9 Waiver of Claims 14AS when payments due................................14.4, 14.13 withholding payment............_.......................... 14-7 Performance Bcn4 ...................... . ......... . .. 5.1-5.2 Permits.................... ........ . ............................. 0.13 Petroleum -- definition of ............................. . ...................... J.30 general............................. . ............... ..... ........ 4.5 OWNER'S responsibility for . ...................... ....... $.10 Physical Conditions -- Drawings oC in or relating to ........................ A2.1.2 ENGINEER's review .........................................4.2.4 existing structures ............................................ :4.2,2 gencral4-2.1.2 .......................................................... Notice of Differing Subsurface or. .................... 4.2.3 Possible Contract Docurnents Change ............... 4,25 Possible Price and Times Adjustments .............. 426 Reports and Drawings ........................... . . . ...... 4.2.1 Subsurface and ....................................................4.2 Subsurface Conditions.................................. 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized..._ ...............,.. 4-12 Underground Facilities-- general........................................................ A3 Not Shown or Indicad ............................... 4.3.2 Protection of ............................. .......... 4.3, 6.20 Article or Paragraph Number Shown or Indicated . ..................................... ___.4.3.1 Technical Data 4.12 Preconstruction Confereneq ............................ . ....... 2.8 Preliminary Matters ......... ......... ............................... 2 Preliminary Schedule;.........._....._..........._ ...............16 Promises, Use of ............................... .............. 6.16.6.18 Price. Change of Contrac...........................................11 Price, Contract--dcfinition of .................................. L11 Progress Payment. Applications for ..........................14.2 Progress Paymcnt--retainagq ................................... 14.2 Progress schedule, CONTRACTOR'k ........... 2,6, 2.8,2.9, ................................. 6.6, 6.29, 10.4, 15.21 Project -definition of ........... .................. .............. _1_31 Project Representative-- ENGINEEWs Status During Construction .... ...... Project Representative, Resident --definition of ..... . . 1, 33 prompt payment by OWNER ..................................... 83 Property Insurance— Additional.........................................................5.7 gencra15.6-5. 10 Partial Utilization.,..._....,,_.._............. 5.15. 14. 1 O.2 receipt and application of proceadq ............ 5.12-5.13 Protection, Safety and .............................. §.20-6.21, 13.2 Punch list Radioactive Material— defintion ofJ. 32 general4.5 OWNER's responsibility fm .............................. ?.10 Recommendation of Payment ................ J4.4,14.5, 14.13 Record Documents j6.1% 14.12 Records, procedures for maintaining .......................... 2.8 Reference Points ........................................................ 4-4 Reference to Standards and Specifications of Technical Societies 3.3 Regulations, Laws and (or) ...................................... 6,14 Rejecting Defective Work ......................................... 9.6 Related Work -- at Site Perform ed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,, . 6.28 Remedies. cumulative ........... .................. ....... 17.4.17.5 Removal or Correction ofDefiective Work ..... ......... _13.11 rental agreem ents, OWNER approval required,,., 11.4.5.3 replacement of ENGINEER, by OWNER,,,,,,,,,,,,,,,,,,,, 8.2 Reporting and Resolving Discrepancies ........................... .... 2.5, 3.3-2, 6.14.2 Reports -- and Drawings, ................. ........................... _4.2.1 and Tests. OWNERs responsibility ..................... 8A Resident and Project Representative— dermition of ....................................................1.33 provision for ............................................................ 9.3 Xii EJCDC GENERAL CONYTIONS 1910-80990 EDMON) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 91W) Article or Paragraph Number Resident Superintendent, CONTRACTOWs............... 6.2 Responsibilities— CONTRACTORs-in general..................................6 ENGINEEWs-in general ....................................... 9 Limitations on, ............................................ 9A3 OWNEWs-in general ... ............................ I............ Retainage........................ ..................... ............. 14.2 Reuse of Documents ..............._................................. 3J Review by CONTRACTOR; Shop Drawings and Samples Prior to Submittal ...........................4.25 Review of Applications for ProgressPayments....................................14.4-14.7 Right to an adjustment...........................................10.2 Rights of Way ................. ......._- ------................... 4.1 Royalties, Patent Fees and ...... ...............................6.12 Safe Structural Loading, .......... _.............................6.18 Safety -- and Protection...............................4.3.2, 6.16, 6.18, ..................................... 6.20.6.21. 7.2. 13-2 general..................................................... .20-6.23 Representative, CONTRACTOR's......................§.21 Samples -- definition of.....................................................1.34 general.....................................................0.24-6.28 Review by CONTRACTOR ......................... ....._6.25 Review by ENGINEER.............................6.26. 6.27 related Work.....................................................0.28 submittal of....................................................0.24.2 submittal procedures.........................................0.25 Schedule of progress.............................2.6. 2.9-19, 6.0, ........................................&29, 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values..,_................_...----7 6, 2.8.2.9, 14.1 Schedules — Adherenceto . .......... .............. .... .................... 15.2.1 Adjusting..........................................................0.6 Change of Contract Times................................10.4 Initially Acceptable ...................................... 2.8. 2.9 Preliminary._ .... ...... ...... ............................. 2.6 Scope of Changes......................................10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings — and Samples, general................................6.24.6.28 Change Orders & Applications for Payments, and.........................................9.7-9.9 definition o[......................................................1.35 ENGINEER's approval of ............................... 3.6.2 ENGINEER's responsibility for review.....................................9.7, 6.2".28 related Work.....................................................6.28 review procedures ............................... 2.8, 6.24-6.28 Article or Paragraph Number submittal required ................... „....,.,......... 6.24.1 Submittal Procedures .............. ........................ .25 use to approve substitutions........... .................. 6.7.3 Shown or Indicated ............................. ...._............4.3.1 SiteAccess......................................................7 Z 13.2 Site Cleanliness......................................................0.17 Site, Visits to — by ENGINEER...........................................9.2, 13.2 byothers......................................................... 13.2 "special causes of loss" policy form, insurance ........................................................5.6.2 definition of.....................................................1.36 Specifications— defination of....................................................1.36 of Technical Societies, reference to ................... 3.3.1 precedence ..................................................... 3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before.......„......................2.5-2.9 Starting the Work.....................................................24 Stop or Suspend Work -- by CONTRACTOR..........................................15.5 by OWNER ....... ...................... _..... 8.8, 13.10, 15.1 Storage of materials and equipment ....................4.1. 7.2 Structural Loading, Safety ....................................... 6.18 Subcontractor — Concerning ............ ................... _..............6.8 6.1I definition of .............................. _.................... ).37 delays............................................................12.3 waiver of rights................................................6.11 Subcmtractors--in general ........................... ...... 6.8-6.11 Subcontracts --required provisions......... 5.11, 6.11, 11.4.3 Subm ittals— Applications for Payment..................................14.2 Maintenance and Operation Manuals...............14.12 Procedures..... .................... ......................... 0.23 Progress Schedules ..................................... 26, 2.9 Samples. _......... ..... ................................ 6.2".28 Schedule of Valuck...................................16, 14.1 Schedule of Shop Drawings and Samples Submissions.„......................._._.....26, 2.8-2.9 ShopDrawing§ ........................................ ............................... Substantial Completion -- certification of............................6.30.2.3. 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedures......, 6.7.2 Substitutes and "Or Equal" Items.... ........................... 6.7 CONTRACTOR's Expensq............................6.7.1.3 ENGINEER's Evaluation .................................6.7.3 "Or-Equal"...................................................0.7.1.1 Substitute Construction Methods EJL-DC GL•14EM CONDITIONS 1910.8 (1990 EDITION) w/ CRY OF FORT COLLINS MOD4TCATIONS MEV 9199) Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items 6.7.1.2 Subsurface and Physical Conditions — Drawings of, in or relatng to,,,,,,,,,,,,,,,,,,,,,,„ 5.2.1.2 ENGINEER's Review..................„.-_--,,,,_„•,•-,,,4.14 general............................................................. 4.2 Limited Reliance by CONTRACTOR Authorized ........................-- 4.2.2 Notice of Differing Subsurface or Physical Conditions..........................................4.2.3 Physical Conditions ............................. ......... 4.21.2 Possible Contract Documents Change...............4.2.5 Passible Price andTimes Adjustments...............4.2.6 Reports and Drawings._ ................... .._........... 4.2.1 Subsurface and...................................................4.2 Subsurface Conditions at the Site ..................... 4.2.1.1 Technical Data.................................................4.2.2 Supervision-- CONTRACTOR's responsibility ..........................6.1 OWNER shall not supervisq................................8.9 ENGINEER shall not supervisq...............9.2, 9.13.2 Superintendence ....................................................... 0.2 Superintendent, CONTRACTORs resident ...............0.2 Supplemental costs, ............................................. J 1.4.5 Supplementary Conditions — definition of ............................ .................. ...... ).39 principal references t(? .................1.10, 1.18, 2.2, 2.7, .......... I............ 4.2, 43, 5.1, 5.3, 5.4. 5.6-5.9, ... ,...-„5.11,6.8,&IJ7.4.8.11,9.3.9.10 Supplementing Contract Documents ..........................:.6 Supplier -- definition of ............................ ._................... _.J.40 principal references tq........... 3.7, 63, 6.8-6.11, 6.20, . ...._.......................... 15.24, 9.13, 14.12 Waiver of Rights...............................................0.11 Surety — consent to final payment ..... ................. 14.12, 14.14 ENGINEER has no duty tq...... .... ..... ..............9.13 Notification of .... ........................ ...-.10.1. 10.5. 15.2 qualification of ... ......................... .._............. 5.1-5.3 Survival of Obligations...........................................6.34 Suspend Work, OWNER May ........... ............. 13.10, 15.1 Suspension of Work and Termination .......................15 CONTRACTOR May Stop Work or Term inate........................._...-_..............15.5 OWNER May Suspend Work .......... _.................15.1 OWNER May Terminate.............................15.2-15.4 Taxes --Payment by CONTRACTOR .................... 6.15 Technical Data — Limited Reliance by CONTRACTOR .................4.2.2 Possible Price and Times Adjustments..............4.2.6 Reports of Differing Subsurface and Physical Conditions..._.....................---.....-4.2 3 xiv Temporary construction facilities ............. ..... __ --- _ _Al Article or Paragraph Number Term ination— by CONTRACTOR ........................................... ) 5.5 by OWNER...................................._..8.8, 15.1-15.4 of ENGINEER's employment...............................$.2 Suspension of Work-in general .................. ... 15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others ...........................J3.2 CONTRACTOR's responsibilities .....................13.5 cost of 13.4 covering Work prior to, ........ ............. _._116-13.7 Laws and Regulations(or) .............. ........... ...._, 13.5 Notice of Defects.......... ................. ....... 13.1 OWNER May Stop Work ............. ,,•,-__13.10 OW NER's independent testing ................ ._...... 13.4 special, required by ENGINEER .......................... 9.6 timely notice required.......................................13.4 Uncovering the Work, at ENGINEER's request................................................13.8-13.9 Times-- Adjusting..........................................................6.6 Change of Contract ........ ...... ............. ..._,...... ,....12 Computation of ... ................ . ............ ...............17.2 Contract Times --definition of ...........................).12 day............................... ------ ............ ...... 17.2.2 Milestones..........................................................12 Requirements — appeals ........ ...................... _................ .9.10, 16 clarifications, claims and disputes .................9A I, I l.2, 12 Commencement of Contract Times ............... 23 Preconstruction Conference .......................... �.8 schedules..........................................16 2.9, 6.6 Starting the Work .......................... ........... 2.4 Title. Warranty of..................................................14.3 Uncovering Work............................................13.8-13.9 Underground Facilities, Physical Conditions — definition of .............................. _._.................. 1.41 Not Shown or Indicated................._.-------..._.-.4.3.2 protection of ....... ............... .......... ....... ._... 4.3, 6.20 Shown or Indicates( ......................................... .3.1 Unit Price Wok — claims......... ................................................ 11.9.3 definition of.....................................................1.42 general l 1.9. 14.1. 14.5 Unit Prices-- generalll.3.1 Determination for ............................................ 9.10 Use of Premises ......................... ........ 6.16.6,18, 6,30.2.4 Utility owners.............................6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial.. ............ .... 1.28. 5.15. 6.30.2.4, 14.10 Value of the Work ............................. .................... 31.3 Values. Schedule of..............................Z.6, 28-2.9, 14.1 E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ aTY OF FORT COLI.INS MODMCATIONS (REV 91") Variations in Work --Minor Authorized ......... ............. ..._........... . 6.25, 6.27, 9.3 Article or Paragraph Number Visits to Site --by ENGINEER .................................... 9.2 Waiver of Claims --on Final Payment„ ..................14.15 Waiver of Rights by insured partieg..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................0.30 Warranty of Title. CONTRACTORS ........................14.3 Work — Accessto..........................................................13.2 thers............................................................. by others, .......................... ................................. 7 Changes in the ................ ................................ ....10 Continuing the..................................................4.29 CONTRACTOR May Stop Work orTerminate.._._........................................15.5 Coordination of 7.4 Cost of the................................................11.4-11.5 definition of., ............................................... .... 1-43 neglected by CONTRACTOR...........................13.14 otherWork............................................................7 OWNER May Stop Work ................. ................ 13.10 OWNER May Suspend Work.. ................. J3.10,15.1 Related, Work at Sitq....................................7.1-7.3 Starting the.........................................................4 Stopping by CONTRACTOR ... ..................... ..... 1,5.5 Stopping by OWNER.,,,,-„.„ ......................15.1-15.4 Variation and deviation authorized, rainot........... 3.6 Work Change Directive — claimspursuant to.............................................10.2 definition of, .............................................1..44 principal references tq......................3.5.3. 10.1-10.2 Written Amendment — definition of....................................................1.45 principal references tq.............. 1,10. 3.5. 5.10,15.12. .........................04 Z 6.8.2. 6.19, 10.1, 10.4, ............_..............1.1.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations.............................r...3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR............................7.1. 9.10.9.11, .................................... 10.4. 11.2. 12.1 by OWNER ................... _?.10.9.11, 10.4, 11.2, 13.14 sv EJCDC GENFRAI. COMMONS 1910-8 (1990 EDITIOM W/ CITY OF FORT COLUM MODMCA77ONS =V 9/99) City of Fort Collins Purchasing - ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8135: Roof Replacement at 281 N College OPENING DATE: 3:00 PM (Our Clock) July 24, 2015 Financial Services Purchasing Division 215 N. Mason St. 2otl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: The Opening Date has been changed to 3:00 PM (our clock) on July 24, 1015 2. The Deadline for Questions has been changed to 5:00 PM (our clock) on July 10, 2015. Please contact Doug Clapp, CPPB, Senior Buyer at (970) 221-6776 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. Addendum 1 — 8135 Roof Replacement at 281 N College Page 1 of 1 (This page left blank intentionally) avi EK'DC GENIMAL CONDITIONS 1910.8 (IM EOITIOM w/ CITY OF FORT COLLINS MODMCATIONS (REV 9199) GENERAL CONDITIONS ARTICLE 1- DEFLMONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify correct or change the Bidding Requirements or the Contract Documents. 12. A mement—The written contract between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 13. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Arty material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Doaonents—The advertisement or invitation to Bid, instructions to bidders, the Bid form, and die proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirrmenrs--The advertisement or invitation to Bid instructions to bidders, and the Bid form. I.S. Bondi —Performance and Payment bonds and other instrument%of security. 1.9. Change Order —A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, cr an adjustment in the Ccmtract Rice or the Contract Times, issued on or after the Effective Date of the Agreement 1.10. Contract Documents —Thu Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the &CDC GENERAL CONDITI ONS 1910-8 (1990 E6tiam) w/ CI lY OF FORT a)LLINS MODIFICATIONS (REV 4r1000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives. Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4 2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11 9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (i) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documerts, or has been damaged prior to ENGDIEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings--Ihe drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. I A T ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant- A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 120. General Requirements --Sections of Division 1 of the Spectfieahors. 121. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 122.a. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations. ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts havingjurisdiction. 1.22.b. Legal Holidays—shall be those holidays observed by the City of Fort Collins. 123. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofRward—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein within the time specified, OWNER will sign and deliver the Agreement 1.26. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date an which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTORS obligations under the Contract Documents 1.27. OWNER —The public body or authority, eorporatiom association, &in or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prier to Substantial Completion of all the Work 1.29. PCBs -Polychlorinated bipherryls. 130. Petroletan—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14-7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse. gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 132.a Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EXI)C OENIERAL CONDITIONS 191" (1990 Edtivn) wi CITY OF FORT COLD NS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Re ular Workirw Hours —Regular working hours are defined as 7 00am to 6:00pm urdm odxrwise specified in the General Requirements. 133. Resident Project Representative —The authorized representative of ENGINEER who may be assipxd to the site or any part thereof 1.34. Samples —Physical exampies of materials, equipment, or workmanship that are representative of some portion of the Work and whidn establish the standards by which such portion of the Work will be judged 1.35. Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the pot where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for fuel payment as evidenced by ENGINEER's wnuen 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 SubswntW Completion thereof 139. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1,40. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks. tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the fnllo mg services or materials: electricity, gases, steam. liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. UMt Price Work —Work to be paid for on the basis of unit prices. 1.43. Work^ -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction and performing or furnishing, services and furnishing documents, all as required by the Contract Documents, 1.44, Work- Change Directive —A written directive to CONTRACTOR tssuod on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordcrirg an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parries expect that the change directed or documented by a Work Charge 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 io 1.45. Written ,4mendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the noncrgincering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELU IINARY MATTERS Delivery of Bondi: 2-1. When CONTRACTOR deliver the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph S.1. Copies ofDocvmente:• 2? OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be famished, upon rcquest at the cost of reproduction. Commencement of Contract Times; Notice to Proceed: 2.3. The Contract Times will commence to nun on the thirtieth day after the Effective Date of the Agreement, or, WCDC OENEM CONDITIONS 1910-8 (1990 Ecktiam) w•r CITY OF FORT COW NS MODIFICATIONS MSVV 4200a) if a Notice to Proceed is given, on the day indicated m the Notice to Proceed. A Notice to Proceed may be given at any time within 11n ny days after the Effective Date of the Agreement of Rol opening -or the thirtieth deysfteHhe-Effective Date oC Iher1grerntmk whichever date is -earlier Storting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Conamcnon: 15. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before procccdirg with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the tines (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documems; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.21 In no case will a schedule be aeceotable which allows_ less than 21 calendar days for each review by Eneineer. 2.6.3. A preliminary schedule of values for all of the Wait which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component pans in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started CONTRACTOR FR shall eneh deliver to the ether OWNS with copies to dApAqfipd in the &menng-Ceriditiors ENGTNEF.It certificates of insurance (and other evidence of insurance reasexabiy—raquast reyuestal by OWNER) which CONTRACTOR is required to purchase and maimain in accordance with paragraphs 5.4. 5 6 and 5 7. Preconsdnr3ion Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working understanding among the panics as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Apphcauons for Payment and maintaining required records. Inidattp Acceprable Scheduler 2.9. Unless otherwise provided in the Contract DocumcnLs� it! least ten days befeie submission of the t before any work at the site be¢irts a conference attended by CONTRACTOR, ENGINEER and others as a desianated by OWNER- will be held to review Orr to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and ]�iyasion 1 -General Reauiremenl3 CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER respcmnbility fur the sequencing scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full resparmbility therefor. CONTRACfOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR'S schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Reject. 3.2. It is the intent of the Contract Documents to EJCDC OE'NEFAL CONIXTIOM 1910 9 (1990 E&im) wl C17Y OF FORT OOLLINS MODIFICATIONS (REV 42000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custum or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that mcaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 33. Reference to Standards and Speeifcirdons of 7'echnical Societies; Reporting and Resohing IAserepancier 3.3.1. Reference to standards, specifications, manuals or codes of arty technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication shall mean the latest standard specification manual, code or laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement of there were no Birk), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. It; during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard specification manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (accept in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for Future to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically staled in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contnnct Documents); or 3.3.3.2. the provisions of arty 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 o Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and resptmsibili6es of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract of 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed" "as approved' or terms of like effect or import are used, or the adjectives "reasonable", "suitable', "acceptable". "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the f tmishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or arry other provision of the Contract Documents. Amending and&Wplementmg Contract Documents. 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the tetras and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amemfinent, 3.5.2. a Change Order (pursuant to paragraph 10.4). or E)CDC OEMRAt. CON UMONS 1910-8 (1990 Eatim) w/ CITY OF FORT CO llM MODIFICATIONS (HEV 42000) 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 he authorised, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGfNEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27). or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reese ofDocumen& 3.7. CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any tide to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the sal of ENGINEER or ENGTNF,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 ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Asnilabi6ly ofLandr: 4.1. OWNER shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Upori-reasoreble written request, stetemenF-Of-record-lt>�1-Nile and-lega{-descftptton oFthe ksfals- Upon- which-hits-Wcwk--is-to�rct-and ©WNERs-irAzv, -therem-us.necessary.for-giving*aoiicc of -or- filing -a --- mechanic's- Nett -against star .lands -in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work- Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements CONTRACTOR may make a claim therefor as provided in Articles I and 12 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipmem. 11 S}dbsirrface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents: and 4.2.12. Physical Conditions. Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2-2. Limited Retiance by CONTRACTOR Authorized' Tedvrical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such 'technical data" is identified in the Supplementary Conditions. Except for such reliance on such `technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGMFR's Consultants with respect to: 42.2.1. the completeness of such repots 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 aril safety precautions anal programs incident thereto, or 4222. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4123. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information, 4.23. Notice of Differing Subsurface or Physical CondRons: If CONTRACTOR believes that anv subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 423.1.is of such a nature as to establish that any *technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2. I and 4.22 is materially inaccurate, or 4232. is of such a nature as to require a change in the Comraet Documents, or 4.233. differs materially from that shown or VCDC GENERAL CONDITIONS 1910-8 (1991) Edi imn vi CITY OF FORT COLU NS MODiF1CAT10NS (REV 412000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature. and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph ti.23� notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER"s Review: LNG24MR will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change. If ENGINEER concludes that a change in the Contract Docum eats is required as a result ors condition that meets one or more of the categories in paragraph 4.2.3. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Tunes 4,#usb7wntr. An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance o[ the Work, subject, however, to the following: 4.2.6.1. such condition must meet any are or more of the categories described in paragraphs 4.2.3.1 through 423.4, inclusive; 42 6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nun a condition precedent to entitlement to any such adjustment; 426.3. with respect to work that is paid for on a Unit Price Basis. any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall riot be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a clam may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, casts, losses or damages misained by CONTRACTOR on or in connection with any other project or anticipated project_ 4.3. Physical Conr&tions—Underground Facilities: 4.3.1. Shown orindeated.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is Otherwise expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall net be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Rice and CONTRACTOR shall have full responsibility for. (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragmph6.20 and repairing any damage thereto resulting from the Work. 4.32. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shad], promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or perfuming any Work in connection therewith (except in an emergency as required by paragtaph6.23), identify the owner of such Underground Facility and E1CDC U£NEM CONDMONS 1910-8 (1990 Edtim) w/ CI tY OF FORT (UllA M MODIRCATIONS (71EV 417000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent. if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility, If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Omer wilI be issued as provided in Article 10 to reflect and document such consequences, During such tune, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in para�rnph620. CONTRACTOR shell maybe allowed anntercasc in the Contract Rice or an extension of the Contract Times, or both, to the extent that they arc attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to coo TRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project - Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work shall protect and preserve the established reference points and shall make no changes or rclacations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades u locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, lla=dovs Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or reveled at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Wort at the site OWNER shall not be responsible for arty such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. ".e�^NTRACT'{1R-shaNtmmedietely: (ijstopall iFdd by Oral 60R(36�' such-notice-m-writing) OWN-P : vH promptly consult with �coneern* Ow ned cssity..for OWNER to retain a qualified expert to -evaluate -such .a.... :f .._.. CFI `, H ACTOR-shall-tot-bcrrquired-to resume -Work any -required permits -related -thereto -and -delivered -to that-sucKeondition-and-any-etTecsed-area is-erltos-hear rendered —safe —fee Wrak may be h Oi�l`"Tdt.4rrno .__.. .,.m.o-enlitlamCRR and l-lu-ur the anema-fe`a ern of an edjustmera—if--any, rvmru.RcL� ^ T W Work .. •^•Eh-SpeGia1-C61idiElonI ui;f -which .tom^ either M E ONT'RAC-TOR-does not agree to resume stah-work based en it reasonable behef it is ureiall;�. or de-eq eenait -theta-{%1L'Ni=k-;..�o.�,t•r_ eh-pr„�,o„ a �. eanditian-o.- in tee.`. -affected t,_ ,e r�Fk_ 1T_0 1 14rcv and C4 ,nr'o nr'Tnu_� agree as to entidement-to-or-t}xamaunt�ravtentof-an 116ee or GeiWeet Times either-potty-may-makes-chum-dio afor as prove" in portiotro€-the Week zrlaratad by-9litP3EIt s-own foreesor-other s naceordatcewith juole-7- 4.54 To the fullest- z n Regulations GIX"NF.R shall .indemnify - and - hold hornless---CONTRACT4DR,—Subucyaeaors, of4i�rs-- dirouors—emplo}ee�'- agents.- -other �mi ulicmts and rutxx,ntmoues-e,f--aech -and curt -of them-fremr-and- egairnt-all-shims: -costs kisses -and damages arising out of <tr-nsuking from-saclt haaarikws otmdit cost loss -or damage- is -attributable --to bodily injury. f tangible p rd... oa. td..., rtN Werli : selig es including- the - lo..of usa-rasu{ting--Fherabom,—end (a}rmthinL in this subparagraph 4.5.4 shall-oblgale OWNER to- indemnity -any perwri ur'entity-from-and own negligence: 9rieyCaiedat {h8-SIFe: VCDC OENFRAL CONDITIONS 1910-8 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (tLEV 4l2000) ARTICLE S-WMS AM INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pavment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and stall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bends and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent mast be accompanied by a certified copy of such agent's authority to ad. 5.2. If the surety on any Bond fiunished by CONTRACTOR is declared a bankrupt or becomes Insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3. Licensed Suretiev and Insurers; Certificates of Insurance. 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bowls or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional Insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWMiR shall additional -insured identified - in - the -Supplementary p@ragraphs 5- �-ands=7-haTEof COATRACTOR's Liability Insamnce: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and famished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contrail Documents whether it is to be perforated or fartushed 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 then may be liable: 5.4.1. claims under worker' compensation, disability hcnefrs and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CON'TRACfOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any peman other than CONTRACTOR's employees. 544.-oitims -for-.damages .insured by customary Put, 01- fly-related-te-the. empk�;:nunt-efs+ich�sen-by ethff reason; 5A.5. claims for damages, other than to the Work itself because of injury to or destruction of tangible property whoever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive a ap_d 5.49 include as additional insureds (subject to any customary eu:lusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective offices and employees of all such additional insureds: 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4 9. include completed operations insurance; FJCDC oENERAL CONDITIONS 1910-8 (1990 BMW tv.! CITY OF FORT COLIJNS MODIFICATIONS MEV 4/2aU0) 5.4.10. 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 a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional inured identified in the Supplementary Conditions to whom a ccrlificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.32 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 defeclive Work in accordance with pamgraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis- remain in effect for at least two years after final payment (and CONTRACTOR shall fiunish 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 inswarace at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER- at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5- --l--Wens otherwise providedin-dre-Supplementary C-onditiom--OWNER shall _purchase--arid—tttuinteur of -the -{till replacenxnt--cost-thereof-(sub*--t-to--Rich deductible --amounts --as--may—ba—provided—in—the Supplementary- Conditions or_.required--by-Laws-and Regulations): --This insumnce shall: 54..1. itolude---die ---interests—ef-- G 561='ItACTORG Subs ENGWEAR'N C-911SMIFaais-art. errtitiae-ickntified-in-the-Supplementary- Comlitions, each of whom isAeemed to have an invurablrinterest and -shall -lei liskdasan-imurador-atdditiunal-insured', s `.T -fie-waitterron�-;3uikkY's�isk=ell-reile'=eu ere" PeFil OF spegial Gauges of less pqlk�, form 'hi -I she is the —tad bvang--pteri Is€'irelip}itning--ataenrled CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS coverage.-tleaFt-v<utdelisat -mil--melici<ws-tnisckriaf.allrthqualie, utillapse, debris removal, demolition 5.6.3. - include ccperses iacurrcd-vrthe--repair-or replacement 4 tiny insured property- (including but -not ln__(is�,,.-.-_ ..c .._ Atl 8fliiri00ty�, cuatanother-locaeionthat wasagreed-to inivriting-by provided that-sltch-mmeriala-and equipme"ave-been by- 6L and .._. be franuitamedvrczaccc m:cca--rsm en1-15 10 .:•••c�^y-."rWfHter)-n04iCl-t0-eriF.{:-Either-additklnal ij� to Whom 9 flit' - Of _m.R _ has 6ee ksuad 57, ^\„''"3\z'-,.DrshoR-purcIimsr-and--mmriann-uc} baler Rnd nteehmery insurance or addtE ertRl--pr �xrf}inseranee as- may be --required by the Supplementary Conditionsor Laws and altide the interests a Cangiltants ridany-other-pets. or entities I.L.. ._, . .L..R :1-EA ..,"rid mainmined-by A01 ER in-aocordence with paragraphs 5.6 oovemge--atTorded-will-not ts-celwelkri or materially chmtge44r-renewal- roused ttmfl aF Ieast alur[v- days' prior written--notice--Ias--and L whom a-oettirwate-of-insurance has been- issued and will contain--waiver—pr4v'isions- -in _ _accordance _-with paregf4ph 19. OWNER shall not be mgxmsible for purchasing and maintaining any property insurance to protect the mWests of CONTRACTOR. Subcontractors or others in the . to dw isitent of tinys-thei-ate idemi€ed-io- th"upplon=ry Conditions. The risk of Ilnw w4n�l 'a -iia fte .l ibamount; 1 L barne ley-f t l-i such�- -loss- and -if any- w--oC-them--wiskus properly--irwurarice coverage -within -the dimity of �uLin-amutWs,-emch-may purchaseand minimum it at the purchase sown a gwnse. 5.10 _If-CONT-RACTOR-requests-in-writing-that-other te 911 CL _ _ M �vrttten Amendraent. Rner--to F P=MOLAL CONIXTIOM 1910-9(19" Ecktion) 10 w! CITY OF FORT COLLIES MODIFICATIONS ft-V 8r2000) commencement -of the-WO&4 -at writing ..,1,.:_. 00w ACTQR ...L..L;._ _..1 G.._L _.L_ iFLs §4-1 —0VR4E t and-0D uPnGT0R-rAcrW#At-au policies -purchased 6 .I 5.7 ..Ati _ .a Q1 NRP GG4FD APTl1D `Ua1WUflttaetuFS--'`'•-IerNC�INIs6R—;s:.^=-fPF6ER's aisureds-or additional-insureds-in�uch-pnlioies-and Will Prot WO primary 08N ORIge for 09 leSSOS Had damages- caused -by-the-perils,aaw,ed-ther�I ,he even, arty- less -er-damage the th J.. N...11IU.—_l iYiure(6-�14eiQalElef- fl: "gym" Lit �.J 1 the right,, a k maes __ insamroe held -by QJAPW5R as trustee OF aiherv_� payabia-undeFany-palicy-sD-ssued. Wi st-- -. - C-0e 1-FMOT- R- - nubwneactom gffjeaCs�rlirealer4;-amployfa4 9Ml-agents 4 any -of of .:-�aa�.'-_ Elthat-consequentiRNoss-a>aarlEiing beyond -detect -physical --Sow- ce dnnlage-moo 8fi51f]�-AHL{i1Elr ieSUiLtl1g R3H1 fire -Ur, then perk whether or-not-inaua+d-byO�4"PS[iR>ancl SA-1.2 =:- - loss -4r- damage -to -the -completed Fregaa� Cher rtsttkirlg-from rue or -other -insured prril�overed ksumtaie maintained On th tthereof by Q3A[� during---partial—utilimtian--pursuam to paragraph 14:10, -after--Substantial-Completion pursuant to paragraph 14.8oratier-final-payment An! to PHM@Mph 14.13. ey maintained b.; WvdFi -tie-event of Gray;equenttal- loss --the- msurerfwtll4iave-no-ngMs-0€ recovery -against -any of-CON'TRACTOR Subcontractors Receipt andApp6oxtion of lnwmwce Proceer6. 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate amount any money so received. and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of lass to OWNE,R's exercise of this power. If such objection be made. OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers iAterest, 0sari=v-a :m- a= 'oF Acceptance of Ban& and In.anance,• Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bondser insurance required to be purchased and maintained by the ether p" CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting-pet4y-sFmil-so natiFy-tlx-alKr'perty OWNER will notify CONTRACTOR in writing within ten fifteen days after reoeipt deli of the certificates (or -either evidence racRteuad) I4 QW1Ii,_a$ required by paragraph 2.7. other such-eddit espect insty We pnwided-its-tho-<#her-may-reteurartr}y-_royu�t:....{ f-either party does not -ptrdese-ormaintaimall 4 the Bondsand usumnee- raquited--of--swh- rarty - by- the C omrau the -other -party -in writing -of such -failure -to purchase pair r to the start of the Work, or iitiltae . ohitngd-in OF o#mn equivalent Bonds-or-irwa z-to-protect- hwtherparty's,intere5b8t the vNpe ,ot4party-who-was-mpred-to provide -such E ontraet-pf Meav"dvtgly Partial Utilisation -Property Insurance: 5.15. If OWNER funds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 Eation) W CITY OF FORT COLUM MODIFICATIONS (REV 42000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.1Q,, provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S Sapenvdon and Superintendence.• 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents, 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent trill be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Materials and Equipment: 61 CONTRACTOR shall provide competent, suitably qualified personnel to survey, Ley out and construct the Work as required by the Contract Documents CONTRACTOR shall at all times maintain goal discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents. all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or arry legal holiday without OWNER'S written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of arty Work to be performed on Saturday. Sunday. Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor. transportation, construction equipment and machinery, tools, appliances, fuel. power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other Caciliues and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 64.1. Purchasing Restrictions: CONTRACTOR must camoly with the Cilv's purchasim resoictions. A copy of the resolutions arc available for review in the officers of the Purchasing and Risk Management Division or the City Clerk's oQice. 6.4.2. Cement Restrictions: Citv of Fort Collins Resolution 91-121 requires that suodiers and oroduCtrs ts of cement or produccontaining, eenexa to certify 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 cq ressly nm to the bencft of OWNER 1f required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and %Uegwpment shall be applied, installed, connected, erected, cI cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule.• 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1, CONTRACTOR shall submit to ENGINEER for acceptance (to the event indicated in paragmph29) proposed adjustments in the progress schedule that will not charge the Contract Times (o Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applic�ible thereto 6.6.2. proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) slmll be submittal in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance With Article 12. 6.7. Substitutes and "Or -Equal" Items., 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality requiredfinless the specification or description E1CDC OENFRAL CONDITIONS 1910-811990 Edition) 12 w! CITY OF FORT OOLLINS MODIFICATIONS (REV 4R000) mntaiis 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-Edina!"` If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that reamed and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or al" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items 6.7.1 2. Substitute Items.- if in ENGINEERS sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certdying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the giant, if any. to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR'S achievement of Substantial Completion an time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the pra•isiorns of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any licerew fee or royalty. All variations of the proposed substitute fiom 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 the resulting change, all of which will be considered by INGDMM in evaluating the proposed substitute. ENGINEER may re . CO bo CONTRACTOR to furnish additional data aut the proposed substitute 6.7.13. CONTRACTOR' Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR' expense. 6.7.2. Substuitte Conshudion Merho is or procedures: If a .cs[[++eeccific means, method, technique, sequence or proccdue of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute meats, method technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER in ENGNEF:R's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engine✓s Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1 2 and 6.7.2. M JGINEER will be the sole judge of acceptability. No 'a equal" or substitute will be ordered, installed or utilized without hNGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performarxe guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGTNEERs Consultants for evaluating each such proposed substitute item. A. Concerning Subconbaetors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.21 whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EJCDC GENERAL CONDIM OM 1910-8 (1990 Ethnics) w/ UTY OF FORT COLLINS MODIFICATIONS (REV 4l1000) 1 6.9. CONTRACTOR shall perform not less than 20 pee.-reent of the Work yyith its own faces (that is without sub ct . The 20 cent shall be understood to refer to the Work a value of which totals not less than 20 percent of the Contract Rice. 6.8.2. IF-the-43upplemen ary- Conditions Biddin Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in-advance-of-the-speetfied data prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER. —and --if COT4R Crnu t__ submitted _ liat "t_.vt OWNER's or ENGINEER's acceptance (either in writing of by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any quah Subcontractor, Suppil .er-or-cilia-par=.om-a ga, dittos basal et-reasenabl tterk aeeeplable xubstaute, v,e-Gomract - Price- will --be adjusted by the differene, in the ---eocas aced 6- such substitution and-an-atxxomiatarhanae-Order bNGtN E-1K. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and anissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organisation any contractual relationship between OWNER or ENGINEER and arry such Subcontractor. Supplier or other person or organizatiorn, no shall it create any obligation on the pan of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontracts, supplier or other parson or organ zation evidence of amounts usid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performirg or furnishing any of the Work under a direct or valirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors. Suppliers and such other persons and organizations performing or fumishintg any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in chviding the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor ur Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. eddititx+el--iet�rred-on-dx-preperty--itt�trariee-}xovidr�d-in Pam ;rv(ns5v—vr— '— the —BgicOmmi—vct,tccn rm CONTRACTOR and the -Subcontractor -or -Supplier--will sach pmlisies-endany other preperty inwranoe appli9a the Work —It the -insurers-on-any-such- policies requre Patent Fees and Rotalnes: 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 ENGR=- its use is subject to patent tights or copyrights calling for the payment of any license fee or royalty to others, the existence of such tights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGR4EERi, ENGINEER'S Consultants and the officers. directors, employees, agents and other consultants of each and any of them tiom and against all claims, casts, losses and damages arising out of or resulting from any in&ingement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any irwention. design, process, product or device not specified in the Contract Documents VCDCOENFRAL CONDITIONS 191"(1990Emtimn 14 w/ CITY OF FORT COLLI IJS NIOUIFICATIONS (REV 40000) Pamitr 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shell obtain and pay for all construction permits and licenses OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there am no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners fur connections to the Work, and OWNER. shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Lam and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring oDNTRACTOR's compliance with any Laws or Regulations. 6.14.2. Tf CONTRACTOR performs arty Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Taws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR'S obligations under paragraph 3.3.2. Taxes 6.15, CONTRACTOR shall pay all sales. consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the project which are applicable during the performance of the Work. 615 1. OWNER is exempt from Colorado State and local sales and use faces on materials to be pennanen� incorpy_rated into the oroiect_Said taxes shall not be included in the Comma Price. Address: Colorado Department of Revenue State Corntal Annex 1375 Sherman Street Deriver, Colasda 80261 Sales and Use Taxes for the State of Colorado Regional Tramvortation District RTD) and certain Colorado counties are collected by the State of Cq_lgrad2—f nd are mcluded in the�ip V,ficat on oC Exemption. All applicable Sales and Use Taxes (including State collected taxes), on tiny items other than construction and building materials t)hvsicallv incorporated into the ro eci are to be id by CONTRACTOR and are to mcluded in apwooriate bid items. Use of Premises• 6.16. CONTRACTOR shall confine construction equipment. Or storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fidicst 4mtent permitted by Laws and Regulations, indcmnify and hold harmless OWNER. ENGINEER ENG MIM, R's Consultant and anyone directly or indirectly employed by - any of them from and against all claims, costs, losses and damages enure out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations or waste materials, rubbish and other debris resulting from the Work At the completion of the Wart: 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 shell leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to original condition all properly not designated for alteration by the Contract Documents, 6.18. CONTRACTOR shall not lard nor permit any pan of any structure to be loaded in any manner that will endanger the structure, nor stall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EJCDC asN M& wMITIONs 1910B (lsvo Edtim) w! QTY OF FORT COLUM MODIFICATIONS (REV 412000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments. Change Orders. Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to pamgmph 9.4) in good order and annotated to show all charg ; made during construction These record documents together with all approved Samples and a countetpar[ of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final patitnent, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prcvent damage, injury or lass to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal. relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notih- owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused duectly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGIN6Eks Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable. and not attributable, directly or indirectly, in whole or in pam to the fault or negligence of CONTRACTOR or arty Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in comhection with Substantial Completion). 6.21. Safety Represettaffi-e• 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 he responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to he made available to or exchanged between or among employers at the site in accordance with laws or Regulations. Emergencies 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury o loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes ohm any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24, Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown din the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.1 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material. Supplier, pertinent data such as analog numbers and the use for which intended and otdxiwix as I�IGINElit may require to enable ENGINEER to review the submittal for the limited EJCDC OENMa CONDMOM 1910-8 (1990 Edtim) 16 w/CITY OF FORT COtd1N5 I MLnCA-nONS tREV4(2000) purposes required by paragaph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shippppnnng, handling, storage, assembly and instalialion pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has eitisfied CONTRACTOWs obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal- 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submined to LNGINLT-.R for review and approval of each such variation 626. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule or Shop Drawings and Sample submittals accepted by ENGINI R as required by paragraph 2.9. ENGINEEDRs review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGWEER's review and approval will not extend to mans, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the itan fanetiom. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals 627. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 625 1 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph2.9. any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work• 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing, 630. CONMACTOR's Genera! Warranty and Guarantee: 6.30.1. CONTRACTOR warrant and guarantees to OWNER, ENGINEER and ENGINEER'S Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage causal by: 630.1.1. abuse, modification or improper ma;nterianre or operation by permits other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.302. CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in E)MC GENERAL CONDITIOM 191" (1990 Emtioo) %W CITY OF FORT COLLINS MODIFICATIONS OLEV 42000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents; 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or finall payment by ENGINEER; 6.30.2.3. the issuance of a ocrtif=te of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any, acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to pamgreph 14.13; 6.30.27. any inspection, test or approval by others; or 6.30.2.8. am correction of defective Work by OWNER. Indem ificaden: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (includirve, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution cots) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, tout, loss or damage: (i) is attributable to bodily injury•, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor. any Supplier, any person or organimtim directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents. officers, directors or employes by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of then may be liable, the indemnification obligation under panrgaph6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants. officers, directors, emplovees or agents caused by the professional neg6gcncc, errors or omissions of any of then. Sun+ival ojONWaitonr 6.34. All representations, indemnifications, warranties and guarantees mark in required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7-0THER 117ORK Rdwed War* at Sire: 7.1. OWNER may perform other work related to the Project at the site by OWNERSs own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners If the fad that such other work is to be performed was not noted in the Contract Documents, then. (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles I i and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the am ount or extent thereof. 72 CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing- the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endarTer any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be afrexed. The duties and rcsporeihilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCDC OENERN, CONDITIONS 191049 (1990 Edtim) is w/ CITY OF FORT COLLI NS MODIFICATIONS (REV 412000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. CoortEnation: 7A. 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: 7A.I. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2, the specific matters to be covered by such authority and responsibility will be itemized; and 7A3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE S—OWNER'S RESPONSEBELMES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER. OWNER shall appoint an engineer against whane AP)•TI2-A6T-9R maker�reexnablc<rbj<ctieTi; whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OV6NER'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 structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. o 5 Q1,144;R!5 _... F.,. naibilitift /1f reS'ptl6i Ff-platiita9N forth-ittpamgaphs33.through-5.14I. ,. 86. QIVNER is obligated to execute Change Orders as indicated inparagraph 10.4. 81. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13 4 8.8. In connection with OWNEWs right to stop Work or suspend Work, see pan 13.10 and 15.1. Paragraph 15.2 deals with O s right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONIRACTOR to comply with laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. ors nvnaco,...... _ibility i respect of undisol„_ea Ambega. iGBs Pettsl_um Hamfelm-A Waste or Radiefeetivt?.1atertals-uneoveied -reveal.., ... the site-o set 694 in pitfapaphA-S- 8.11. Hand to the extent 03A:?�R lies aVeed to tufni etrnngamstts have been--ntedr-tersatisfy-Wl's responsi� ^� in raspxwt-t}tarreof-will-bens-set-forth-inn-the Supplementary -Conditions ARTICLE 9-ENGTNEER'S STATUS DURING CONSTRUCTION OWiNP.R's Representative: 9.1. ENGINEER will be OWNERS representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER mil ENGINEER Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDCoeN'ERALCDND1T10Ns1910-a (1990eatim) av CITY OF FORT COLuNs MODIFICATIONS (REV 42000) NO that has been made and the quality of the various aspects of CONfRACTOR's executed Work. Based an information obtained during such visits and observatuns ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding, in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations arc subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, bin without limitation, during or as a result of ENGINEER's on site visits or observations of CONTRACTOWs Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of concoction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Represents ive: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 awl in the SuffleFee Conditions f that General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in px_ragp9h of these General Conditions If the ENGINEER furnishes �Resl�tu—$.gixt Re�t�2�?i�e ($PFl or 4dzef assidmtts or if the OWNER des ates a Re�resentath•e or agent, all as provided in nacaytach 99 of the General Condili m, these Rcrr-esentdfives shall have the authority and limitations as orov_ided in oars h�9.13 of e General Conditions and shall be subject to the following: 9.31. The Representative's dealings in matters e�riainmg to the on -site work will in pereraL be with the ENGINEER and CONTRACTOR. But tlu R_ egresentative will keep the OWNER mrooerly advised about such matters. The Representative's dealings with subcontractors will ailv be thmah or with._ the_�ull.-_kmwledge end ep r�ov_al of the C6 41111�6 93 2. Duties and Respomibilities. Representative will: 9.3.2.1. Schedules - Review the progress 19 SECTION 00020 INVITATION TO BID schedule and other schedules tuelrered by the CAN�ACTOR atul�tcon It with the 1TIGWM concerning acceolabaity. 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as Wecons1ructiyn_ confergriceL progress meetings and other iob conferences and prepare and circulate topics of minutes of meetings 93.23. Liaison 9.323.1 Serve as FNGINFER"S liaison with CONTRACTOR waking orincivally through CONTRACTORS superimendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2 3.2. Assist in obtairwmr from OWNER additional details or information, when required for proper execution of the Work. 932.3.3. Advise the FNGINEFR and CONTRACTOR of the commencement of any XVcxk requiring: a Shop Draw rc or sample submission if the submission has not born a�rovcd by the ENGINEER 93 2 4.Review of Wak._Rciection of Pefeaivc Work. Inspections and Tess - 9.32.4.1. Conduct on -site observations of the Work in pL%Lm to assist the ENGINEER vl determining that the_ Work is ocecdmr in accordance xith the Contract Document& 9.32.43. Accom_panY_Yisitina._uns e�ctots representing public or otter agencies having lu—M icAion over the Project reco� the results of these inspectiore and report to the ENGR%M 9.3 2.5. Interluetatign of Contract Documents. Repot to ENGINEER when clarifications and inter relation of the Contract Documents arc needed and transmit to CONTRACTOR clanfiration and interpretation of the Contract Documents as issued by the igZI.Id�t7 9.3.2.6. Modifications Consider and evaluate CONTRACTOR'S suggestions for EJCDCOENIItAL CONDMo igio-8 ii"o Eaw 20 w/ CITY OF FORT COLLI M MODIFICATIONS (REV 4Roop) modification in Drawings or Specifications and repgq these recommen&tions to_ENGMER. Accurate�CONTRACTOR d==onsyssunhINTEER 9.3.2.7, Records. 9.3.2.7.3. Record names address= and tekphone numbers of all CONTRACTORS, subcontractors and m jor suppliers of equipment and materials. 4 3LU, Ftpxls, 9 3 2 81 Furnish ENGINEER periactiC repons as required. of the p�r of Work and of the CONTRACTORS c�lttphattce wi_t>3 the-pr gs& sckdole iW sr}ledule of shorn Draw= and sample Submittals 9.3.2 ;821 Consult with INGINEER in advance c,I schedu_lig majror tesL% ups xctiory or start of important phases of the W(Vk 9-32 8.3. Draft proposed Change Orders and Wok Directive Changes, obtaymg beckuo materiel from the CONTRACTOR and recommer d to ENGRQF.ER Change Orders Work Directive Changes and field orders 9.3.2.8.4. Report immediately to ENGINE13t end OWNER the occurrettce of any accident. 9.3.2.9. Payment Requests. Review applications forpaymert with CONTRACTOR for compliance with the established procedure for the r submission and forward with recommendation to ENGINEER, notine particularly the relationship of the payment re�ttested to the schedule of values. work completed and materials and egw�anent delivered at the site but not incorporated m the Work. 9.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items rcauirim correction or completion 9.3.110.2. Conduct fiml inspection in the company of the ENGINEER, OWNER and CONTRACTOR and prclxnrc a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final ILI have been corrected ntdnd make recommendations to ENGINEER concerning acceptance. 9_3.3- Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize arry deviations from the Contract Documents or accept any substitute mmaatetia �µjpmettt unless_ authoorized by the 9.3.32. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents 9.3.3.3. _ Undertake any of the reanonsibilities of the CONTRACTOR Subcontractors or C0'.N'rRACrOR'S_auhnW4AL 23 3A Advise on or issue daxtiots relative to or assume control over any aspect of_the meats mct}ads tcchn sues seouences or procedures for constFu;Wn—Bless such is specifically called for in the Contract Documents, 93.33. Advise an or issue directions iSpSrs1(>g a @�ttme congQL�_?f.—£;ifety precautions and pmoms in connections with the Work. 93.3.6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR 93.3.7. Authorize OWNER to occupy the Work in whole or in pert. 9.3.3.8. Participate in specialised Geld or laboratory tests or insoediors conducted by others except as specifically euthorizod by the ENGINEER Clarifications and Interpretations: 9A ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the E1CDC OENBAL CONDITIONS 1910-9 (1990 E61m) n/CITY OF FORT COLONS MODIFICATIONS (REV 42000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary. which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Ccattract Price or the Contract Times and the parties are tenable to agree to the amount or extent thereof if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or Article 12. Aathonied Variations in Work: 9.5. ENGINEER may authori7t minor variations in the Work from the requirements of the Contract Documents which do not involve an a0ustmera in the Contract Rice or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orderjustifics an adjustment in the Contract Rice or the Contract Times and the parries are tenable to agree as to the amount or extent thereof, OWNER or C01,7TRACTOR may make a written claim therefor as provided in Article 1 I or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the Integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER will also have authority to require special inspection or ttstiT of the Work as provided in paragraph 13.Sk whether or not the Work is fabricated, installed or completed. Shop Drawings, C7range Orders and Payments 9.T In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10,11, and 12. 9.9. In connection with ENGINEER'S authority as to Applications for payment, see Article 14. Determinations for Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with C:ONTRACfOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unlca, within ten days after the date of any such de isiom either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to a pTpicaal from ENGINHER's decision and (i) an appeal from IiNGINEER's decision is taken within the lime limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution .Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Deckfons on Disputes, 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability, of the Work or the interpretation of the requirements of the Contact Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 1 in respect of changes in the Contract Price of 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 claimam to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written suppacing data will be submitted to ENGINEER and the ther party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENG1NEIIt and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing parry's submittal, if any, in accordance with this paragraph. ENGINEEM written decision on such claim, cbspute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A. "Dispute Resolution Agreement!, entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appal from ENG241EI2's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competed 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 shay days of the date of such E)CDC GENERAL CONDITIONS 191"41990 Edakn) 22 wl CITY OF FORT COLLINS 1610DIFICATIOM(1tEV4R000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs9.10 and 9,11. ENGINEER will not show rniality to OWNER or CONTRACTOR and will not be liable m connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter�uantte 4tttZf 16. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEWs authority or responsibility under this Article 9 or under arty odor provrston of the Contract Documents nor any decision made by of in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER stall crate, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organimtion or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be rsspatsble for CONTRACTOR's mans, methods, techniques sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or funush the Work in accordance with the Contract Documents. 9.133. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organisation performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions. schedules guarantees, Bonds and certificates of inspection, texts 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 anal approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGTNEER's Consultants, Resident Project Representative and assistants. ARTICLE 10-.CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work- Such additions, deletions or revisians will be authorized by a Written Amendment a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Wort: Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an exterision of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14. or (iii) agreed to by the parties: 10.4.2. changes in the Contract Price or Contract Time; which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to pariiL7aph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EICDC GENERAL MbUMOM 1910-9 (1990 E6tim) WI CITY OF FORT C01,13M MOD117CAT10NS (REV 412000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the givi.N. of any such notice will be CONTRACTOR'S responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties. responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price, 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty (lays) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price willl be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Document-, by application of such unit prices to the quantities of the items involved (subject to the provisions of ^_3 paragraphs 11.9.1 through 11.9.3, inclusive): 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2). 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under pamgmph 11.3.2, on the basis of the Ctrst of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as prov�idcd in paragraph 11.6). Cost of Me Work.' 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such casts shall be in amounts no higher then those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5, 11.4.1.Payroll toss for employees in the direct employ of CONTRACTOR in the performance of the Work undo schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of then time spent on the Work Payroll toss shall irwlucli-- but not 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 arxlTetirement benefits benuses-, - -' -ey ierr v+Alte pev applicable thereto. The expenses of performing Work after regular working hours, on Saturday. Sundav or legal holidays. shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits kinds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provision so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or turnishcd by Subcontractors. If required by OWNER, EJCDC OENE• L&I. CONDITIOM 1910-8 (1990 E(fitim) 24 W1 C1TY OF FORT 001,1110 MODIFICAT10NS (REV 42000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11 4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4A. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following. 11.4.5.1. The proportion of necessary trhaannssppoortation, travel avid subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR IIA.53. Rentals of all construction equipment and machinery and the pars thereof whether rented from CONTRACTOR or otters in accordance with rental agreements approved by OWNER with the advice of ENGINEER and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insuranoe or otherwise. sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except 113.5. Costs due to the negligence of losses and damages within the deductible amounts CONTRACTOR any Subcontractor, or anyone of property insurance established by OWNER in directly or indirectly employed by any of them or for accordance with paragraph 5.9). provided they whose acts any of them may be liable, including but have resulted from causes other than the not limited to, the correction of defective Work. negligence of CONTRACTOR, any disposal of materials or equipment wrongly, supplied Subcontractor, or anyone directly or indirectly aril making good any damage to property. employed by any of them or for whose acts any of them may be liable. Such lasses shall include 11 5 66. Other overhead or general expense costs of settlements made with the written consent and any kind and the casts of any item not specifically and approval of OWNER No such losses, damages expressly included in paragraph 11.4. and expenses shall be included in the Cost of the Work for the purpose of determining 11.6. The CONTRACTOR'S fee allowed to CONTRACTOR'S fee. It however, any such loss CONTRACTOR for overhead and profit shall be or damage requires reconstruction and determined as follows CONTRACTOR is placed in charge thcrcoC CONTRACTOR shall be paid for services a fee 11.6.1, s mutually acceptable fixed foe: or proportionate to that stated in paragraph 11.6.2. 11.6.2. if a fixcd fee is not agreed upon then a fee 11.4.5-7. The cost of utilities, fuel and sanitary based on the following percentages of the various facilities at the site. portion of the Cost of the Work: 11.4.5.8. Minor expenses such as telegrams, 11.6.21. for costs incurred under long distance telephone calls, telephone service at paragraphs 11.4.1 and 11.42, the the site, expressage and similar petty cash items in CONTRACTOR'S fee shall be fifteen percent; connection with the Work. 11.6.2.2. for costs incurred under 11.4.5.9. Cost of premiums for additional Bonds paragraph 11.4.3, the CONTRACTOR'S fee shall and insurance required because of changes in the be five percent; Work. 11 A6 2.3. where one or more tiers of 115. The term Cost of the Work shall not include any of subcontracts are on the basis of Cot of the Work the following: plus a fee; and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.5.1. Payroll casts and other compensation of 11.6.2 is that the Subcontractor who actually CONTRACTOR'S officers, executives, principals (of performs or furnishes the Work, at whatever tier, partnership and sole proprietorships), general managers, will be paid a fee of fifteen percent of the costs engineers, architects, estimators, attorneys, auditors, incurred by such Subcontractor under paragraphs accountants , purchasing and wntmcting agents. 11.4.1 and 11.4.2 and that any higher tier expediters, timekeepers, clerks and other personnel Subcontractor and CONTRACTOR will each be employed by CONTRACTOR whether at the site or in paid a fee of -five percent of-th"areunt-pa" CONTRACTOR's principal or a branch office for the next-lowertier Subcumtractort to be neeotiated general administration of the Work and not specifically in 9QQd Wft-With the OWNER but riot to exceed included in the agreed upon schedule of job five percent of the amount paid to the rod lower classifications referred to in paragraph 11.4.1 or tiff 5u tr ctoi specificrnlly covered by paragraph 11.4.4-411 of which are to be considered administrative costs covered by the 11.6.2.4. no fee shall be payable on the basis CONTRACTORs fee or cases itemized under paragraphs 11.4.4. 11.4.5 and 11.5, 11.5.2. Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR'S office at 11.6.2.5. the amount of credit to be allowed the site. by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the 11.5.3. Any part of CONTRACTOR's capital amount of the actual act decrease in cost plus a expenses, including interest on CONTRACTOR'S deduction in CONTRACTOR's fee by an amount capital employed for the Work and charges against equal to five percent of such net decreaw; and CONTRACTOR for delinquent payments. 11.6.2.6. when both additions and credits are 11.5.4. Cost of premiums for all Bonds and for all involved in any one change• the adjustment in insurance whether or not CONTRACTOR is required CONTRACTOR's fee shall be computed on the by the Contract Documents to purchase and maintain basis of the net change in accordance with the same (except for the cost of premiums covered by paragraphs 11.6.2.1 though 11.6.2.5• inclusive. subparagraph 11,4.5.9 above). 11.7. Whenever the cost of any Work is to be EJCDC UENELAL COMHIIONS 191" (1990 E(itka) 25 w/a rY OF FORS COLUM MODIFICATIONS (REV 42000) determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allonwnces: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTORS costs for unloading and handling on the site, labor, installation cobs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to foal 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 Prix shall be correspondingly adjusted 11.9. Unit Frice Wadi 11.9.1. Whet the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Rice Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an inifial Contract Price. Determinations of the actual quantities and cla..Niticatiom of unit Prim Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount. considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item. 11.93.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Rice in accordance with Article 11 if. 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; VCDcoENIRALCONDITIONS 191asa990Wiwi 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) and 11.9.32. there is no corresponding adjustment with respect to any other item of Work; and 11.9.33. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR ackncwlalgcs that the OWN H R has the right to add or delete items in the Bid or change quantities at OWNERS sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twentv-live percent of the mginal torah Contract Price. ARTICLE 12--4CHANGE OF CONTRACT TIMES 111. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accatrpaniad by the claimants written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12-1. 12.2, All time limits stated in the Contract Documents are of the essence of the Agreement. 123. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) clue to delay beyond the control of CONTRACTOR the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paregraph 12.1. Delays beyond the control of CONTRACTOR shall include, but riot be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7. fires, floods, epidemics. abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Comma Times (or Milestones) it an amount equal to the time lost due to such delay shall be CONTRACTORS sole and exclusive remedy for such delay. In no event shall OIAWER be liable to CONTRACTOR any Subcontractor, any Supplier, any other person or oganiration, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (n) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both panics including, but not limited to, fires. floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13-TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.L Notice ofD#ects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrcoted or accepted as provided in this Article 13. Access to Work: 13.2. OWNER ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable —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 programs so that they may comply therewith as applicable. Teals and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay fir the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except; 13.4A. 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edi[im) w! CITY OF FORT COI.I.INS MODIFICATIONS QiEV 42000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 135. If Laws or Regulations of any public body having jurisdiction require any Work (or pan thereot) specifically to be inspected tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. wNTRACTOR shall also be responsible for arranging and obtaining and shall pay all coats in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without %Tittcn concurrence of ENGINEER, it must, if requested by ENGINEER, he uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable p mmp>trxss in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or mms�pxcred or tested by others, CONTRACTOR at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims costs, losses and damages caused by, arising out of or resulting from such uncovering, esposum, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the panics are unable to agree as to the amount thercol in make a claim therefor as provided in Article 11. If, however, such Works not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones,), or both, directly attributable to such 27 unooverm& exposure, observation, inspection, testing, replacement and recorslructiom and, if the parties are unable to agree as to the amount or extent thercol CONTRACTOR may make a claim therefor as prrn ided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been elimirmted; 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 Remove! of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall Promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been ejected by ENGINES, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims coats, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period 13.12.1. if within one year two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is rat defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such ustructiors, or in an emergency where delay would cause scrious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced. and all claims costs, lasses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR I3.I22.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 def alive Warts (arid damage to other EtcDcoEMRALCONIXTIOM1910-8(Moed om 28 cal CITY OF FORT COUJ M MODIFICATIONS tREV 412000) 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 yeaf two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13, 1C instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of fuml payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims oosls, losses and damages attributable to OWNER's evaluation of and determ ination to accept such defective Work (such touts to be approved by ENGINEER as to reasonableness). If any such acccpxmcc occurs prior to ENGINFFR's recommendation of final payvtcnt 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 Rice, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Corred Defective Work: 13.14, If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documenm or if CONTRACTOR tails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct aril remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER sktll proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Wok, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools appliances, construction equipment and machinery at the site and incorporate in the Work all materials anal 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 employee& OWNER's other contractors and ENGINEER and ENGLNEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but rat be limited to all costs of repair or replacement of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's dejeetiue Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will he incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment 14.2. At last twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application fur Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and dear of all Liss and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to proted OWNER!s interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreemattt. Any-Lwtls Ih.Tt are withlrighl by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or ary arnan�emenls imolvit,>br an escrow or custodianship. By creeuting the application for,_mmcnt form the CONTRACTOR expressly waives his notht to the benefits of Colorado Revised Statutes Section 24-91-101, et sea. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of.4pplieadvas for Progress Payment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC OENERAL CONDIMON51910-8 (1990 Edaion) w/CITY OF FORTCULI.INS MODIFICATIONS()ILEV 4/2000) recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case. CONTRACTOR may make the necessary corrections anal resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with INGINEERs recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on P.NGINEER's review of the Application for Payment and the accompanying data and schedules. that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated 14.5.2 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documcrtts, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualificatioms stated in the recommendation), and 14.53, the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER'S responsibility to observe the Work. However, by recommending arty such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous oriac inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, technique--% sequences or procedures of construction, or the salety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the tumishing 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 iL in ENGINEERS opinion it would be incorrect to make the representations to 29