Bid Packet _ Project Manual.pdf

Bid Packet & Project Manual Solicitation, Bid Instructions, Bid Agreement, General Requirements, Job Specifications, and Supporting Documentation for Reroof Project

Pueblo West Library 298 S Joe Martinez Blvd.

Pueblo West, Colorado 81007

By: Daniel J Cupit Professional Roofing Consultant

HAAG Certified Inspector

NRCA ProCertified Trainer

Professional Construction Services 11877 W. 80th Ave. Arvada, CO 80005

Office: 720-340-7530 Fax: 866-459-3334

03/24/2025

11877 W 80th Ave. Arvada, CO 80005 Phone: 720-340-7530

Table of Contents

PROJECT MANUAL

Invitation to Bid ...................................................................................... Page 1

Qualifications .......................................................................................... Page 2

Instruction to Bidders .......................................................................... Page 3-4

Bid Proposal Agreement .................................................................... Page 5-11

Alternates ............................................................................................. Page 12

General Requirements .................................................................... Page 13-19

Job Specifications ............................................................................ Page 20-29

APPENDICES

Appendix A ......................................................................................... Diagrams

Appendix B ............................................................................................. Photos

Appendix C ................................................................................. Scope of Work

Appendix D ................................................................................. Contingencies

Appendix E ........................................................................ Product Information

Appendix F ......................................................................... Code Requirements

Appendix G .............................................................................................. Forms

Invitation to Bid 03/24/2024

Owner: Pueblo City & County Library District Job Location: Pueblo West Library

100 East Abriendo Ave 298 S Joe Martinez Blvd.

Pueblo, CO 81004 Pueblo West, CO 81007

Consultant: Professional Construction Services

Contact: Dan Cupit

720-340-7530 x102 dan.c@pcsden.com

Project Description: Replace or recover the existing low slope single ply roofs including all components and appurtenances listed in the scope of work for the specified roof systems per the listed scope of work and job specifications.

Product Specifications: Bid the following roof systems:

1. Roof Replacement (211.3 SQ w/o waste)

60 mil adhered PVC membrane (IB Roof Systems, Carlisle, Versico)

1/2-inch Secure Rock cover board

Class 2 vapor retarder

1-inch Polyiso Board (R 5.8)

1/4-inch EPS taper, 6 to 6.25-inch average (R 24 to 25)

2. Alternate 1: Roof Recover 211.3 SQ w/o waste)

60 mil adhered PVC membrane (IB Roof Systems, Carlisle, Versico)

1/2-inch Secure Rock cover board

Warranty: Bidders will need to provide a minimum 10-year company workmanship warranty on the specific work performed along with an extended manufacturer’s system warranty that covers all manufacturer materials and workmanship for the maximum available warranty.

Type of Bid: Lump sum. Cost of permit and performance bond to be added (not in bid)

Bid Opens: Monday March 24, 2025

Bid Due: Monday April 7, 2025, by 5:00 PM (MST)

Email bids to bri.reyes@pueblolibrary.org and copy dan.c@pcsden.com

Bid Award: T.B.D.

Bid Conference: Thursday March 27th 2025 11:00 AM – 1:00 PM, onsite (mandatory attendance)

Site Walk Thru: Thursday March 27th 2025 11:00 AM – 1:00 PM (298 S Joe Martinez Blvd. Pueblo West Library)

Timeline: Installation timeline is a job start of May 30, 2025, with 120 days total installation time.

Project deadline is 90 days for substantial completion by August 28, 2025, with final completion by September 27, 2025.

Bidders Qualifications: As outlined below:

Note: Some text is provided in a different color as stated below. Highlighted text is to be reviewed.

Items in blue text are important items to pay attention to.

Items in red text are recent changes.

mailto:dan.c@pcsden.com mailto:bri.reyes@pueblolibrary.org mailto:dan.c@pcsden.com

Qualifications for Bid List (PTL2)

All items listed must be received with the final bid 03/24/2024

1. General Liability Insurance to install commercial roofing with minimum limit of liability of $1 million per occurrence, 2 million aggregate.

2. Workman’s Compensation: Policy to cover all employees and/or subcontractors.

3. Licensed: current general contractors or roofing license in Pueblo Regional Building District or ability to obtain a contractor’s license in this jurisdiction along with a 2018 or 2021 ICC National Standard Roofing Contractor Certificate for the 2018 or newer International Building Code along with the ability to obtain the required license (please provide a copy of your license or certificate).

4. Registered Business within the State of Colorado for a minimum of 5-years or 2-years with concurrent business registration in another state a minimum of 5-years.

5. Industry Affiliation: Qualified contractors must show active membership in one or more of the following associations to show adherence to industry standards: AIA, ASCE, CRA, CSI, IIBEC, NRCA, NWIR.

6. Certified by the manufacturer to install the roofing systems and option/s listed in the project manual and bid packet. Please provide copies of the roof systems you are bidding on and certified to install.

7. Warranty: ability to offer a minimum 10-year workmanship warranty along with the specified manufacturer’s warranty and the required wind rating

8. References: Provide a minimum of 3 references for similar projects.

9. Performance Bond*: Contractor guarantees the ability to obtain a performance bond securing their obligation to properly complete the work as specified. Performance Bond is to be secured by Surety Bond Company or Insurance Company with a minimum A+ Superior rating. Include cost of a performance bond for the price offered in the Bid Proposal / Agreement.

10. Bid Bond*: Contractor guarantees the ability to obtain a bid bond securing their obligation to the bid agreement. Bid Bond is to be secured by Surety Bond Company or Insurance Company with a minimum A+ Superior rating. Include cost of a bid bond for the price offered in the Bid Proposal / Agreement.

* Cost for a Performance and/or Bid Bond will be at an additional cost and is not included in the bid price. Please provide a letter from your surety indicating your company can be bonded for up to $3 million.

The qualifications listed are required to bid on this project. Bidder is required to provide the supporting documents to verify these qualifications. Owner may choose to waive one or more of the required qualifications at their choice and without providing justification to other bidders.

Instructions to Bidders:

1. DOCUMENTS:

A. Bidding Documents include Bidding Requirements and proposed Contract Documents. Proposed

Contract Documents consist of:

1. Contractor's Bid Proposal

2. Supplementary Conditions

3. Other documents included by reference

4. Addenda

B. Bidding Requirements are those documents identified as such in the Project Manual.

C. Addenda are written, or graphic documents issued prior to execution of the Contract which modify or interpret the Bidding Documents. They become part of the Contract Documents as noted in the Contractor's Bid Proposal and Maintenance Project Agreement upon execution of the Agreement by Owner.

2. BIDDER'S REPRESENTATIONS:

A. By submitting a bid proposal, Bidder represents that:

1. Bidder has carefully studied and compared Bidding Documents. Bidder understands the

Bidding Documents and the bid is fully in accordance with the requirements of those documents.

2. Bidder has thoroughly examined the site and building located thereon, has become familiar with local conditions which might directly or indirectly affect contract work, and has correlated its personal observations with requirements of proposed Contract Documents.

Bidder represents the compensation amount in item 4 of the Bid Proposal Agreement is based on the scope of work contained in the job specifications and the Bid Packet. Bidder is responsible to verify measurements and scope prior to submitting the final bid.

3. The Bid price represents the actual material quantities and labor required to complete the Job Specifications in this Project Manual and the Bid Packet. There will be no increase in price if the quantities for scope are more than those represented in the Project Manual.

4. Bid is based on materials, equipment, and systems required by Bidding Documents without exception.

3. BIDDING DOCUMENTS:

A. Copies

1. Owner will provide the Bidding Documents as set forth in the Invitation to Bid.

2. Partial sets of Bidding Documents will not be issued.

B. Interpretation or Correction of Bidding Documents

1. Bidders will request interpretation or correction of any apparent errors, discrepancies, and omissions in the Bidding Documents.

2. Corrections or changes to Bidding Documents are contained in this project manual and the most recent bid packet.

C. Substitutions and Equal Products

1. Equal products may be approved upon compliance with Contract Document requirements.

2. Base bid only on materials, equipment, systems, suppliers or performance qualities specified in the Bidding documents.

3. Where a specified product is identified as a "quality standard", products of other manufacturers that meet the performance, properties, and characteristics of the specified "quality standard" may be used without specific approval as a substitute.

D. Addenda. Addenda will be sent to bidders and to locations where Bidding Documents are on file no later than four days prior to bid opening or by email no later than 48 hours prior to bid opening.

4. BIDDING PROCEDURES

A. Form and Style of Bids

1. Use Owner's Bid Form titled "Bid Proposal Agreement".

2. Bid will be complete and executed by authorized representative of Bidder.

3. Do not delete from or add to the information requested on bid form.

B. Submission of Bids

1. Submit bid via email to the email address specified in the Invitation to Bid above.

2. It is Bidder's sole responsibility to see that its bid is received at or before the specified time. Bids received after specified bid deadline may be rejected.

C. Modification or Withdrawal of Bid

1. Bidder guarantees there will be no revisions or withdrawal of bid amount after 10 days from the bid opening.

2. Prior to bid opening, bidders may withdraw bid by written request.

3. Prior to bid opening, bidder may acknowledge any or all Addenda via email.

5. CONSIDERATION OF BIDS:

A. See Invitation to Bid.

B. Acceptance of Bid

1. No bidder will consider itself under contract after award of bid until Owner accepts Contractor's Bid Proposal by executing same.

2. Bid selection will be based on “lowest cost”, best value for the library district.

3. Bidder's past performance, organization, subcontractor selection, equipment, and ability to perform and complete its contract in manner and within time specified, together with amount of bid, will be elements considered in award of contract.

6. FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR:

A. Agreement form will be "Contractor's Bid Proposal" provided by Owner.

7. INSPECTION:

A. Detailed scope and photos are provided.

Job Site: Pueblo West Library

298 S Joe Martinez Blvd Pueblo West, CO 81007

Consultant: Daniel J Cupit 303-885-3969 dan.c@pcsden.com

B. Bid will be based on the information provided in the bid packet including this project manual and all appendices. Scope of work is subject to onsite verification. Any changes in the bid will need to be approved by Owner within 10 days from acceptance of the Bid Proposal Agreement.

mailto:dan.c@pcsden.com

Bid Proposal Agreement:

Pueblo West Library "Owner" and the undersigned Contractor "Contractor" enter into this Contractor Bid Proposal Agreement (Agreement) or (Contract) and agree to the following:

Owner: Pueblo City & County Library District

100 East Abriendo Ave Pueblo, CO 81004

1. Project Site. 298 S Joe Martinez Blvd Pueblo West, CO 81007 Project Type: Roof Replacement Project Name: Pueblo West Library

2. Scope of Work. Contractor will furnish all labor, materials, and equipment necessary to complete the Work in accordance with the Contract Documents. The Work is all labor, materials, equipment, construction, and services required by the Contract Documents including but not limited to installation of specified roof covering along with all roofing components and appurtenances as listed in the Job Specifications and the Scope of Work in appendix C that as obtained from the roof diagrams included in Appendix A. This includes Alternates agreed to by Owner. The performance bond, warranty, and permit costs are in addition to the Contract Amount as listed below.

3. Contract Documents. Contract Documents consist of:

a. Construction Contract with Bid Proposal Agreement, General Conditions, and Job Specifications.

b. Approved Alternates.

c. All appendices included as part of the bid packet and any materials referred to in the project manual including but not limited to roof diagrams, photos, details, drawings, manufacturer specifications, product information, code references, forms, and other materials.

d. Addendums

e. All written Field Changes, written Construction Change Directives and written Change Orders when prepared and signed by Owner and Contractor.

4. Compensation. Owner will pay Contractor for performance of Contractor's obligations under the Contract Documents, the amount listed below for the Scope of Work listed in Appendix C. This is the Contractor's Bid Proposal Amount (Contract Amount) along with the Additional Items and any Alternates accepted by Owner. The Contract Amount includes pricing for the following scopes of work:

Total Amount $_ _ is for a complete reroof with a 60-mil PVC membrane roof system including the insulation, taper, cover board, flashings plus all roof components and appurtenances as listed in the scope or work in appendix C and specified in the job specifications below.

This amount does not include the Alternates.

Additional Items to be added to the Contract Amount.

Permit Cost: Actual cost of permit without taxes and fees for the entire project as specified herein.

Performance Bond: _ _ % of the Contract Amount. Additional coverage over the Contract Amount to cover contingencies, change orders, and other items will be billed at _ _%.

Alternates. The following amounts are proposed for Alternates as described below and on page 12.

Alternate No. 1: Total Cost for a roof recover in place of roof replacement _____ $ ______________

Alternate No. 2: Add for 80-mil IB PVC in place of 60-mil PVC (cost difference) __ $ ______________

Alternate No. 3: Replace existing heat trace cable _________________________ $ ______________

Alternate No. 4: ____________________________________________________ $ ______________

Contingencies

The List of Contingencies in appendix D are included as part of this agreement. Owner may elect to add one or more of the contingencies for any quantity at the unit price provided by Contractor.

These contingencies are to be priced and installed as per the job specifications included below.

Contingencies are to be reviewed and approved by Consultant prior to being submitted to Owner for final approval. These contingencies are subject to the terms and conditions listed in Section 6.

Extras and Change Orders and are to be processed in the same manner. Contingencies can be submitted using the change order form in Appendix G.

5. Payment.

a. Contractor will be paid one-third of the Contract Amount upon start of work and confirmation by owner of delivery of all materials on site. The second one-third of the Contract Amount is due upon substantial completion of the scope of work, as determined and approved by Consultant and Owner.

The final one-third of the Contract Amount is due upon final completion. Owner may elect to submit final payment with a percentage held back for retainage if the final scope of work and submittals are not completed or other issues remain. Payment will be processed as outlined in this section.

b. Contractor may submit billing (payment application) for progress payments as work is completed.

The payment application must be for completed work that has been verified and approved by Owner. Owner has the option but is not required to make progress payments. Progress payments will be subject to the requirements in section 5-e below. Owner may waive or alter the requirements for progress payments to be less stringent. Progress payments will be applied toward the Contract Amount.

c. Substantial completion of the scope of work is defined as at least 80% of all the listed scope of work being completed. Alternatively, it is defined as 100% of the existing roof covering and flashings being fully completed with no less than 20% of the total scope of work remaining. Consultant and Owner may waive or alter the definition and requirements for substantial completion.

d. Final completion is defined as 100% completion of the scope of work; final inspection and approval of consultant, approval of the governing municipality, and the manufacturers if required for acceptance; and receipt of final submittals including the approved manufacturer’s warranties, Contractor warranty, all required lien waivers, maintenance information, and other items required by Consultant for final submittals.

e. Contractor will submit a payment request to Consultant and/or Owner along with a proforma invoice and required documentation prior to issuance of payment by Owner. Owner will pay Contractor within 30 calendar days of payment request providing conditions for payment have been met as stated in this Agreement and as follows:

(1) Contractor's payment request (invoice) for work to date;

(2) Certification by Contractor that Contractor has paid for all labor, materials, and equipment relating to the Work covered by prior payment requests and that Contractor will pay for all labor, materials, and equipment relating to the Work covered by the current payment request;

(3) Lien waiver releasing all mechanics' liens and claims by Contractor for the Work completed to date and covered by current and previous payment requests;

(4) Releases of all mechanics' liens and claims of subcontractors, laborers, or material suppliers who supplied labor and/or materials for Work covered by all previous payment requests and the final payment request.

Owner may modify or reject the payment request if, in Owner's opinion, the Work for which payment is requested is not acceptable or is less complete than represented on the payment request. Contractor may submit a promise to pay form as contained in appendix G in place of lien waivers from all suppliers and contractors for the initial payment of one-third upon delivery and confirmation of all materials. Owner may waive one or more requirements for a payment request at their option. Waiver of a requirement for one or more payment requests does not change the required documentation in this Agreement. Lien waiver forms can be found in appendix G.

6. Extras and Change Orders. Owner may order changes in the Work by altering, adding to, or deducting from the Work. In the event of such a change, Contractor's compensation and/or the time of completion will be adjusted to reflect the change. Contractor will not commence work on any change until either: (a) Contractor and Owner have agreed in writing to the amount of the adjustment resulting from the change; or

(b) Owner has, in writing, issued an order for the change acknowledging that there is a dispute regarding the compensation adjustment relating to the change. If Contractor proceeds with a change in the Work without complying with the preceding sentence, Contractor agrees that it will not be entitled to any additional compensation for such change. Payment for change orders will be made within the same terms stated herein. Change orders for additional scope for alternates listed above will not exceed the unit price agreed to by Contractor in these contract documents multiplied by the quantity as approved by Consultant as subject to further approval by Owner. Contractor must apply for (invoice) change orders separate from the Bid Proposal Amount. Owner may pay change order applications (invoices) as one lump sum or in incremental payments as provided for in 5-a. The form for change orders can be found in appendix G.

Contingent Items approved by Consultant and agreed to by Owner shall be billed using the same process as change orders. The unit price for contingent items must not exceed the pricing provided by Contractor for the contingencies agreed to by Owner as a part of this contract.

7. Correction of Work. Contractor will promptly correct, at its own expense,

a. Any portion of the Work which

1. fails to conform to the requirements of the Contract Documents, or

2. is rejected by Consultant and/or the Owner as defective or because it is damaged or rendered unsuitable during installation or resulting from failure to exercise proper protection.

b. Any defects due to faulty materials, equipment, or workmanship which appear within a period of one year from the date of Substantial Completion or within such longer period as may be prescribed by law or the terms of any applicable special warranty required by the Contract Documents.

8. Time of Completion. Contractor agrees to start this project by May 30, 2025, and guarantees final completion by September 27, 2025. Contractor will have reached substantial completion and have the job ready for Consultant’s inspection by August 28, 2025, within Ninety (90) calendar days of the start date.

Contractor will provide verification of material orders by April 15, 2025. Time is of the essence. If Contractor is delayed at any time in the progress of the Work by any act or neglect of Owner, or by changes in the Work, or by strikes, lockouts, unusual delay in transportation, unavoidable casualties, or acts of nature beyond Contractor's control, then the time for completion will be extended by the time that completion of the Work is delayed. However, Contractor expressly waives any damages for any such delays other than those delays willfully caused by Owner. Contractor will pay owner Five Hundred Dollars ($500.00) per day for each day beyond the final completion date to complete the Work in full.

9. Permits, Surveys, and Taxes. Contractor will obtain and pay for all permits and licenses and pay any applicable taxes. Contractor will also obtain and pay for any surveys it needs to perform the Work.

Contractor will conform to all ordinances and covenants governing the Project Site and/or Work.

10. Compliance with Laws. Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of any public authorities relating to performance of the Work.

11. Payment of Subcontractors, Materials and Equipment. Contractor will promptly pay for all labor, materials, and equipment used to perform the Work.

12. Contractor's Insurance. Prior to performing any work, Contractor will obtain, and maintain during the term of this Agreement the following insurance:

a. Workers Compensation Insurance.

b. Employers Liability Insurance with minimum limits of the greater of $200,000 E.L. each accident, $200,000 E. L. disease-each employee, $1,000,000 E.L. disease-policy limit or as required by the law of the state in which the Project is located.

c. Commercial General Liability Insurance — ISO Form CG 00 01 (12/07) or equivalent Occurrence policy which will provide primary coverage to the additional insured (the Owner) in the event of any Occurrence, Claim, or Suit with:

1. Limits of the greater of: Contractor's actual coverage amounts or the following:

A) $2,000,000 General Aggregate;

B) $2,000,000 Products - Comp/Ops Aggregate;

C) $2,000,000 Personal and Advertising Liability;

D) $1,000,000 Each Occurrence;

E) $2,000,000 minimum Umbrella;

F) $200,000 Fire Damage to Rented Premises (Each Occurrence).

2. Endorsements attached to the General Liability policy including additional insured as follows:

Pueblo City & County Library District 100 East Abriendo Ave. Pueblo, CO 81004

d. Automobile Liability Insurance, with:

1. Combined Single Limit each accident in the amount of $500,000 or Contractor's actual coverage, whichever is greater; and

2. Coverage applying to "Any Auto" or its equivalent.

Contractor will provide evidence of these insurance coverages to Owner by providing an ACORD 25 Form or its equivalent: (1) listing Owner as the Certificate Holder and Additional Insured on the general liability and any excess liability policies, (2) listing the insurance companies providing coverage (all companies listed must be rated in A.M. Best Company Key Rating Guide-Property- Casualty and each company must have a rating of B+ Class VII or higher), (3) attaching the endorsements set forth above for the Certificate of Liability Insurance, and (4) bearing the name, address and telephone number of the producer and signed by an authorized representative of the producer. (The signature may be original, stamped, or electronic.) Notwithstanding the foregoing, Owner may, in writing and at its sole discretion, modify these insurance requirements.

13. Performance Bond. Contractor guarantees the ability to obtain a performance bond securing their obligation to properly complete the work as specified in this agreement. Performance Bond is to be secured by a Surety Bond Company or Insurance Company with a minimum A+ Superior rating. Contractor agrees to procure this bond as required by owner. The cost of the bond will be in addition to the agreed Bid Proposal Amount

14. Independent Contractor Relationship, the parties expressly agree that Contractor is not an agent or employee of Owner but is an independent contractor solely responsible for all expenses relating to Contractor's business.

15. Indemnity and Hold Harmless.

a. Contractor will indemnify and hold harmless Owner and Owner's representatives, employees, agents, consultants, and consultants agents from and against any and all claims, damages, liability, demands, costs, judgments, awards, settlements, causes of action, losses and expenses (collectively "Claims" or "Claim"), including but not limited to attorney fees, consultant fees, expert fees, copy costs, and other expenses, arising out of or resulting from performance of the Work, attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of real or personal property, including loss of use resulting therefrom, except to the extent that such liability arises out of the negligence of Owner, its representatives, agents, and employees. This indemnity includes, without limitation, indemnification of Owner from all losses or injury to Owner's property, except to the extent that such loss or injury arises out of the negligence of Owner, its representatives, agents, and employees. This indemnity applies, without limitation, to include Claims occurring both during performance of the Work and/or subsequent to completion of the Work. In the event that any Claim is caused in part by a party indemnified hereunder, that party will bear the cost of such Claim to the extent it was the cause thereof. In the event that a claimant asserts a Claim for recovery against any party indemnified hereunder, the party indemnified hereunder may tender the defense of such Claim to Contractor. If Contractor rejects such tender of defense and it is later determined that the negligence of the party indemnified hereunder did not cause all of the Claim, Contractor will reimburse the party indemnified hereunder for all costs and expenses incurred by that party in defending against the Claim. Contractor will not be liable hereunder to indemnify any party for damages resulting from the sole negligence of that party.

b. In addition to the foregoing, Contractor will be liable to defend Owner in any lawsuit filed by any Subcontractor relating to the Project. Where liens have been filed against Owner's property, Contractor (and/or its bonding company which has issued bonds for the Project) will obtain lien releases and record them in the appropriate county and/or local jurisdiction and provide Owner with a title free and clear from any liens of Subcontractors. In the event that Contractor and/or its bonding company are unable to obtain a lien release, Owner in its absolute discretion may require Contractor to provide a bond around the lien or a bond to discharge the lien, at Contractor's sole expense.

c. In addition to the foregoing, Contractor will indemnify and hold Owner harmless from any claim of any other contractor resulting from the performance, nonperformance or delay in performance of the Work by Contractor.

d. The indemnification obligation herein will not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or a Subcontractor under worker's compensation acts, disability benefit acts, or other employee benefit acts.

16. Resolution of Disputes. In the event there is any dispute arising under the Contract Documents which cannot be resolved by agreement between the parties, either party may submit the dispute to the other party and request a dispute resolution conference between the parties. The dispute resolution conference will constitute settlement negotiations, and any settlement proposal made pursuant to the conference will not be admissible as evidence of liability. In the event that the parties do not resolve their dispute pursuant to the dispute resolution conference, either party may commence legal action to resolve the dispute. Any such action must be commenced within the applicable statute of limitations under Colorado law. Submission of the dispute as outlined above is a condition precedent to the right to commence legal action to resolve any dispute. In the event either party commences legal action to adjudicate any dispute without first submitting the dispute for a resolution conference between parties, the other party will be entitled to obtain an order dismissing the litigation without prejudice and awarding such other party any costs and attorney’s fees incurred by that party in obtaining the dismissal, including without limitation copy costs, and expert and consultant fees and expenses.

17. Termination of Agreement by Contractor. In the event Owner materially breaches any term of the Contract Documents, Contractor will promptly give Written Notice of the breach to Owner. If Owner fails to cure the breach within fifteen (15) days of the Written Notice, Contractor may terminate the Agreement by giving Written Notice to Owner and recover from Owner the percentage of the Bid Proposal Amount represented by the Work properly completed on the Project site as of the date of termination together with any out of pocket loss Contractor has sustained with respect to materials and equipment as a result of the termination prior to completion of the Work, less any offsets. Contractor will not be entitled to unearned profits or any other compensation or damages as a result of the termination and hereby waives any claim, therefore. Contractor will provide to Owner all warranty, as built, inspection, and other close out documents as well as materials that Contractor has in its possession or control at the time of termination. Without limitation, Contractor's indemnities and obligations as well as all warranties relative to Work provided through the date of termination survive a termination hereunder.

18. Termination of Agreement by Owner for Cause. Should Contractor make a general assignment for the benefit of its creditors, fail to apply enough properly skilled workmen or specified materials to properly prosecute the Work in accordance with Contractor's schedule, or otherwise materially breach any provision of the Contract Documents, then Owner may, without any prejudice to any other right or remedy, give Contractor Written Notice thereof. If Contractor fails to cure its default within ten (10) days, Owner may terminate this Agreement by giving Written Notice to Contractor, take possession of the premises and all materials, tools, and appliances thereon, and finish the Work by whatever method Owner deems expedient.

In such case, Contractor will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Bid Proposal Amount exceeds the expense of finishing the Work, including compensation for additional administrative, architectural, consultant, and legal services (including without limitation attorney’s fees, expert fees, copy costs, and other expenses), such excess will be paid to Contractor. If such expense exceeds the unpaid balance, Contractor will pay the difference to Owner.

Contractor will provide to Owner all warranty, as built, inspection, and other close out documents as well as materials that Contractor has in its possession or control at the time of termination. Without limitation, Contractor's indemnities and obligations as well as all warranties relative to Work provided through the date of termination survive a termination hereunder.

19. Termination of Agreement by Owner for Convenience. Notwithstanding any other provision contained in the Contract Documents, Owner may, without cause and in its absolute discretion, terminate the Agreement at any time. In the event of such termination, Contractor will be entitled to recover from Owner the percentage of the Bid Proposal Amount equal to the percentage of the Work which Owner and/or its Consultant determines has been completed on the Project site as of the date of termination together with any out of pocket loss Contractor has sustained with respect to materials and equipment as a result of the termination prior to completion of the Work, less any offsets. Contractor will not be entitled to unearned profits or any other compensation as a result of the termination and hereby waives any claim, therefore.

Contractor will provide to Owner all warranty, as built, inspection, and other close out documents as well as materials that Contractor has in its possession or control at the time of termination. Owner may, in Owner's sole discretion, take legal assignment of subcontracts and other contractual rights of Contractor. Without limitation, Contractor's indemnities and obligations as well as all warranties relative to Work provided through the date of termination survive a termination hereunder.

22. Amendment. This Contract may be amended, altered, or modified only by written instrument executed by both parties hereto.

23. Assignment of Contract. The parties hereto will not assign any rights or obligations under this Agreement without the prior written consent of the other party.

24. Integration Clause. The Contract Documents reflect the full agreement of the parties with respect to the Project and the Work and supersede all prior discussions, agreements, and representations regarding the subject matter of the Contract Documents. The Contract Documents may be amended only in a written document signed by both parties hereto.

25. Applicable Law. The parties acknowledge that the Contract Documents have substantial connections to the State of Colorado. The Contract Documents will be deemed to have been made, executed, and delivered in Pueblo Colorado. To the maximum extent permitted by law, (i) the Contract Documents and all matters related to their creation and performance will be governed by and enforced in accordance with the laws of the State of Colorado, excluding conflicts of law rules, and (ii) all disputes arising from or related to the Contract Documents will be decided only in the courts of Pueblo County, Colorado and not in any other Court or State. Toward that end, the parties hereby consent to the jurisdiction of the Courts of Pueblo County, Colorado and waive any other venue to which they might be entitled by virtue of domicile, habitual residence, place of business, or otherwise.

26. Enforcement. In the event either party commences legal action to enforce or rescind any term of the Contract Documents, the prevailing party will be entitled to recover its attorney’s fees and costs, including without limitation all copy costs and expert and consultant fees and expenses, in that action and on all appeals, from the other party, in addition to any other relief to which such party is entitled.

27. Bid Proposal/Agreement. Contractor's submission to Owner of this agreement signed by Contractor will constitute Contractor's offer and bid proposal to perform the Work described in this agreement according to the terms thereof. Owner's signing of this agreement and delivery to Contractor of the signed copy thereof will constitute acceptance of Contractor's offer and will convert this document to a binding agreement.

28. Effective Date. The effective date of this Agreement is the date indicated by the Owner's signature.

OWNER:

Pueblo City & County Library District 100 East Abriendo Ave. Pueblo, CO 81004

By: _____________________________________________________ Date:_____________________

Print Name:______________________________________________

By: _____________________________________________________ Date:_____________________

Print Name:______________________________________________

CONTRACTOR:

Address: ________________________________________________

Telephone: ______________________________________________

FIEN: ___________________________________________________

By: _____________________________________________________ Date:_____________________

Print Name:______________________________________________

By: _____________________________________________________ Date: _____________________

Print Name:______________________________________________

Alternates:

1. Section Includes But is Not Limited To:

a. Administrative and procedural requirements to prepare and process Alternates.

2. With its bid, Contractor has provided prices for following alternate products, materials, equipment, systems, methods, units of work, or major elements of The Work. Any of these Alternates may, at Owner's option, be selected for The Work in placed of corresponding requirements of Contract Documents.

Alternate No. 1: __ Roof recover in place of a reroof if conditions are met per Consultant and the Authority Having Jurisdiction (AHJ). Water-soaked insulation and damaged cover board will need to be replaced per the contingent costs in appendix D. A roof recover will be contingent upon an infrared imaging survey and moisture scan ____________________________________________

Alternate No. 2: 80-mil IB Roof Systems Reinforced PVC adhered membrane in place of 60-mil IB Roof Systems Reinforced PVC adhered membrane (cost difference) ________________________

Alternate No. 3: Replace existing heat trace cable with new 12-watt per foot heat trace cable including all connections, terminations, splices, and attachments as required and specified. ____

Alternate No. 4: _________________________________________________________________

3. Contractor acknowledges that description for each Alternate is incomplete and abbreviated, but that it implies that each Alternate will be complete for scope of work affected.

4. Contractor will coordinate related work and modify surrounding work as required to properly integrate with work of each Alternate selected by Owner.

General Requirements:

1. SUMMARY

Provisions contained in General Requirements apply to all other sections of the Bid Packet. All instructions contained in the Job Specifications are directed to Contractor. Unless specifically provided otherwise, all obligations set forth in the Job Specifications are obligations of Contractor. Contractor will comply with applicable laws and regulations.

2. WORK RESTRICTIONS

A. During construction period, Contractor will have use of premises for construction operations.

Contractor will ensure that Contractor, its employees, subcontractors, and employees comply with following requirements:

1. Confine operations to areas within Contract limits shown on Drawings. Do not disturb portions of site beyond Contract limits.

2. Coordinate parking and staging for the roofing process with Owner

3. Do not access the inside of the buildings at any time without permission from and being signed in by an authorized representative of Owner.

4. Do not allow alcoholic beverages, illegal drugs, or persons under their influence on Project Site.

5. Do not allow use of tobacco in any form on Project Site.

6. Refrain from using profanity or being discourteous or uncivil to others on Project Site or while performing the 'Work.

7. Wear shirts with sleeves, wear shoes, and refrain from wearing immodest, offensive, or obnoxious clothing, while on Project Site.

8. Do not allow playing of obnoxious and loud music on Project Site. Do not allow playing of any music within existing facilities.

9. Do not build fires on Project Site.

10. Do not allow weapons on Project Site, except those carried by law enforcement officers and/or other uniformed security personnel who have been retained by Owner or Contractor to provide security services.

B. Hours of construction:

1. Contractor will comply with restrictions for the days and hours of construction within the applicable jurisdiction.

2. Contractor will operate between the hours of 7 AM and 6 PM daily unless otherwise directed by Owner.

3. Contractor will operate during the week Monday through Saturday and will cease operations on Sundays unless prior approval is obtained in writing from owner. There will be no construction on observed government holidays.

3. ADMINISTRATIVE REQUIREMENTS

A. Coordinate construction activities to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations that are dependent upon each other for proper installation, connection, and operation. Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials.

4. PROJECT MANAGEMENT AND COORDINATION

A. Multiple Contract Coordination:

1. Contractor shall be responsible for coordination of Temporary Facilities and Controls, Construction Waste Management and Disposal services, and Final Cleaning for the Project unless directed otherwise by Owner's Representative for those who perform work on Project from Notice to Proceed to date of Substantial Completion.

B. Preconstruction Conference:

1. Attend preconstruction conference and organizational meeting and/or pre-job walk through scheduled by Consultant at Project site or other convenient location.

2. Be prepared to discuss items of significance that could affect progress, including such topics as:

a. Construction schedule, equipment deliveries, general inspection of tests, preparation of record documents and O&M manuals, project cleanup, security, safety, shop drawings, samples, use of premises, work restrictions, and working hours.

C. Installation:

1. Contractor will coordinate installation and execution of the job with Consultant. Contractor will cooperate and comply with requirements directed by Consultant to ensure proper completion of the project.

2. Provide necessary access and assist Consultant with inspection of the jobsite and installation as needed.

3. Comply with the direction, guidelines, specifications, installation methods and procedures provided by Consultant in keeping with the job specifications, addendum and manufacturers installation instructions.

4. Consultant may provide training and information on materials and installation methods to Contractor, Employees and Subcontractors to ensure proper installation of the project.

Contractor will ensure the availability and compliance of employees and subcontractors.

5. Provide weekly progress reports that include the date, scope of work completed, action items, photos, and additional documentation. A sample progress report is provided in Appendix G.

5. SUBMITTAL PROCEDURES

A. Coordination preparation and processing of submittals with performance of construction activities.

Transmit each submittal before performance of related construction activities to avoid delay.

B. Allow sufficient review time so installation will not be delayed by time required to process submittals.

C. Package each submittal appropriately for transmittal and handling. A submittal form is included in appendix G.

6. QUALITY REQUIREMENTS

A. Product information and installation guidelines are provided. Contractor is responsible to comply with these guidelines, the job specifications and contract requirements.

B. Conflicting Requirements: If compliance with two or more specifications or standards is specified and standards establish different or conflicting requirements, minimum quantities, or quality levels, comply with most stringent requirement.

C. Quality Levels: Quality level shown or specified shall be the minimum provided or performed. Actual installation may match or exceed the minimum quality standard specified.

D. Quality Assurance: Activities, actions, and procedures performed before and during execution of the work to verify compliance and guard against defects and deficiencies and to substantiate that proposed construction will comply with requirements.

E. Notify Owner immediately if asbestos-containing materials, lead paint, or other hazardous materials are encountered while performing the Work.

F. Submit to Owner permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, and similar documents, correspondence, and records establishing compliance with standards and regulations bearing upon performance of the Work.

7. QUALITY ASSURANCE - QUALIFICATIONS

A. Qualifications: Qualifications in this Section establish minimum qualification levels required.

1. Supervisor Qualifications: Contractors’ supervisor and/or foreman are experienced with the installation, erecting, or assembling of the materials required for installation of the products specified; and in compliance with the manufacturer’s specifications, applicable building codes, standards, and safety regulations.

2. Installer Qualifications: Contractors’ installers are experienced with installation, erecting, or assembling of the materials required for installation of the specified products; and in compliance with the manufacturer’s specifications and installation instructions along with safety regulations.

2. Manufacturer Authorized Service Representative: Contractor will comply with requirements from authorized representative/s of the manufacturers as long as those requirements do not conflict with the job specifications and/or instructions from Consultant.

4. Supplier Qualifications: Contractor will ensure that suppliers of materials used are able to meet the product service and delivery requirements in this agreement and to provide the proper materials as specified.

8. TEMPORARY FACILITIES AND CONTROLS

A. Owner will provide electric power for construction activities within limits available at existing facility. Power will be in the form of normal 110 / 120 Volt outlets from 15 to 20 amps per outlet not to exceed a total of 60 amps. Contractor shall be prepared to provide a portable generator for power requirements beyond this or in the case when power is not available.

B. Exercise caution to avoid fire damage. Do not build fires on site.

C. Existing lighting system may be used by Contractor.

D. Contractor will use existing water supply for construction purposes to extent of existing facilities.

Contractor will provide their own hoses for water distribution.

E. Provide and maintain temporary sanitary toilet.

F. Erect adequate barricades, warning signs, and lights necessary to protect persons from injury or harm.

G. Contractor is responsible for security of materials, tools, and equipment. Do not permit others to use building keys provided by Owner. Safeguard building and contents while the Work is being performed and secure building when the Work is finished for day.

H. Protect existing trees and plants. Remove and replace vegetation that dies or is damaged beyond repair due to construction activities. Do not drive on grass without proper protection approved in advance by Consultant.

I. Provide temporary enclosures at exterior building openings for security and protection from weather, theft, and vandalism. Erect and maintain dust-proof partitions and enclosures as required to prevent spread of dust and fumes to occupied portions of building.

J. Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and reduce possibility that air, waterways, and subsoil might be contaminated or polluted, or that other undesirable effects might result. Avoid use of tools and equipment that produce harmful noise. Restrict use of noisemaking tools and equipment to hours that will minimize complaints from persons or firms near site. Protect the Work, materials, apparatus, and fixtures from injury due to weather, theft, and vandalism.

9. PRODUCT REQUIREMENTS

A. Provide products that comply with Contract Documents, are undamaged, and, unless otherwise indicated, are new and unused at time of installation. Provide products complete with accessories, trim, finish, safety guards, and other devices and details needed for complete installation and for intended use and effect:

10. PRODUCT OPTIONS

A. Product selection is governed by Contract Documents and governing regulations, not by previous Project experience. Procedures governing product selection include: 1. Substitutions and Equal Products:

a. Generally speaking, substitutions for specified products and systems, as defined in Uniform Commercial Code, are not acceptable unless approved by Consultant in writing prior to use.

Equal products may be approved by…