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HomeMy WebLinkAboutBID - 5998 LPATH BERM EROSION PROTECTION MEASURES (13)SPECIFICATIONS AND CONTRACT DOCUMENTS FOR LPATH Berm Erosion Protection Measures BID NO. 5998 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS October 19, 2006 - 3:00 P.M. (OUR CLOCK) SECTION 00100 INSTRUCTIONS TO BIDDERS CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2, No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6 19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously celivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph5.4.13, (ii) consent of the surety, if any, to final payment, and (ni) complete anti legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be tiled, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property in ight in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to fiu-nish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to friahzepayment are to be submitted on forms conforming to the format of the OWNER'S standard Corms bound in the Project manual, Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15, Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17 6 2 of these General Conditions. 14.14. If through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted- If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work, fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terns and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims:• 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR'S continuing obligations under the Contract Documents, and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWMR .Vqv Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6), 152.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 152.3. if CONTRACTOR disregards the authority of ENGINEER, or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 EJCDCGENT RAL CONDITIONS 1910-8 (1990 Eddtiui) w/ CITY" OF FORT COLLINS 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, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, lasses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER., the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15A. 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, 15.43. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4 4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CO;VTR4CTOR Nfav Stop Work or Terminate.• 15.5. I� through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER. and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of temrinating 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 extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Citing Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the fine, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: IT2.1. When any period of time is referred to in the Contract Documents by days, it will be computedto exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EICDC GENERAL CONDITIONS 1910-8 (1990E(Etim) w/ CITY" OF FORT COLLINS MODIFICATIONS (REV 4@000) 17.11 A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim; 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13, L 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, anv rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included• 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be lim ited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to th s Agreement Reference to two pertinent Colorado statutes are as follows 17 6 2 If a claim is filed, OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the pavment of all claims for labor_ materials team hire sustenance, provisions provender, or other supplies used or consurued by CONTRACTOR or his 33 EICDC GENERAL CONDITIONS 1910-8 (1990Ecbdm) 34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) (This page left blank intentionally.) F.JCDC GENERAL CONDITIONS 1910-8 (1990 Erbtial) 35 W/O TY OF FORT COLLINS MODIFICATIONS (REV 42000) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edl[im) 36 w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1, All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party malting such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. suchother person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof; and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition) GC -AI w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) EJCDC GENERAL CONDITIONS] 910-5 (1990 Editiam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) GC -Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Geotechnical Investigation Cache La Poudre River Controlled Spill Structures Fort Collins, Colorado Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: 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: 7196 Section 00800 Page 1 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 12/03 Section 00100 Page 1 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$1001000/$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. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). 7/96 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 5998 LPATH Berm Erosion Protection Measures CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL o OF THIS CHANGE ORDER TOTAL C.O.o OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 PROJECT: 5998 LPATH Berm OWNER: City of Fort Collins Erosion Protection Measures APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Net Change by Change Order Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: $0.00 1 AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. 9/997/96 Section 00960 Page 1 $0.00 $0.00 $0.00 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 2 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS Bid Item Unit Number Description Quantity Units Price Amount APPLICATION FOR PAYMENT Work Work Work Completed Completed Completed This Previous To Month Periods Date Qty. Amount Qty. Amount Qty. Amount Stored Materials This Period PAGE 3 OF 4 Total Earned Percent To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 3 7/96 Section 00960 Page 4 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 SUMMARY OF WORK SECTION 01140 CONTRACTOR'S USE OF PREMISES SECTION 01145 SPECIAL PROJECT PROCEDURES SECTION 01180 UTILITY SOURCES SECTION 01270 MEASUREMENT AND PAYMENT SECTION 01310 PROJECT MEETINGS SECTION 01320 CONSTRUCTION SCHEDULES SECTION 01330 SUBMITTALS SECTION 01425 STANDARD REFERENCES SECTION 01450 MATERIALS TESTING SECTION 01555 TRAFFIC REGULATION SECTION 01635 SUBSTITUTIONS AND PRODUCT OPTIONS SECTION 01650 MATERIAL DELIVERY, STORAGE, AND HANDLING SECTION 01710 SITE CONDITIONS SECTION 01715 TREE, LANDSCAPE, VEGETATION, AND WETLAND PROTECTION SECTION 01720 FIELD ENGINEERING AND SURVEYING SECTION 01745 ENVIRONMENTAL CONTROLS SECTION 01780 CONTRACT CLOSEOUT LPATH Berm Erosion Protection Measures SECTION 01010 SUMMARY OF WORK PART1 GENERAL 1.01 SECTION INCLUDES Furnish all labor and install all materials for the LPATH Berm Erosion Protection Measures, including but not limited to the following items: The project includes the removal of existing fence, the removal of existing trees and concrete rubble, and the installation of erosion control measures. The project also includes the excavation and transportation of fill material and the placement of fill material. The installation of concrete block revetment mats, the installation of concrete sills, buried riprap, and the preparation of all disturbed areas for revegetation. 1.02 QUALIFICATIONS The CONTRACTOR must show proof to have completed at least 3 projects involving dewatering or concrete block revetment mat. 1.03 WORK SEQUENCE A. The Work Sequence is to be submitted as part of the construction schedule required in Section 01320. Construction of the project shall begin within seven (7) calendar days of the date of Notice to Proceed unless approved by the ENGINEER. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. The CONTRACTOR will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the CONTRACTOR to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the CONTRACTOR demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the CONTRACTOR's work and thus required additional time to complete the work. The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. LPATH Berm Erosion 01010-1 Summary of Work Protection Measures Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day-to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays excepted) unless an approved construction schedule or written authorization from the OWNER indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the CONTRACTOR's workday, delay work critical to the timely completion of the project, and be documented by the CONTRACTOR. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The CONTRACTOR shall notify the ENGINEER in writing of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The OWNER will use the above written notification in determining the number of working days for which work was delayed during each month. At the end of each month, if the number of working days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the CONTRACTOR have authorization to work weekends and/or holidays, then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. The CONTRACTOR's schedule must reflect the above -anticipated adverse weather delays on all weather -dependent activities. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the OWNER shall make no monetary compensation for any costs to the CONTRACTOR arising out of such delays. The CONTRACTOR shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. Breakdowns in equipment or lack of performance by the CONTRACTOR will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. LPATH Berm Erosion 01010-2 Summary of Work Protection Measures 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 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 12/03 Section 00100 Page 2 The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the CONTRACTOR has promptly given written notice of such delay to the OWNER or ENGINEER. To any preference, priority, or allocation order duly issued by the OWNER. 2. To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, or of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above. 3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above. Other than the conditions above, CONTRACTOR is permitted to start the work at any location within the project site. The CONTRACTOR shall adhere to the construction traffic control requirements delineated in Section 01555 and on the Drawings. 1.04 UNDERGROUND UTILITIES A. It shall be the responsibility of the CONTRACTOR to verify the existence and location of all underground utilities along the route of the work and to coordinate the construction schedules with these utility owners. B. Known utilities and structures adjacent to or encountered in the work are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans and from field potholing, however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the CONTRACTOR only, and no responsibility is assumed by either the OWNER or the ENGINEER for their accuracy or completeness. C. The CONTRACTOR shall field verify all utilities and coordinate construction with utility owners prior to starting construction. The CONTRACTOR shall be responsible for protecting utilities during construction and scheduling utility adjustments to eliminate conflict with progress of the work. D. The CONTRACTOR shall notify the ENGINEER immediately of any field condition not consistent with the contract documents. E. The CONTRACTOR will be responsible for repairing or paying for the repairs to any damaged utilities. PART 2 PRODUCTS (Not Applicable) LPATH Berm Erosion 01010-3 Summary of Work Protection Measures PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01010-4 Summary of Work Protection Measures SECTION 01140 CONTRACTOR'S USE OF PREMISES PART1 GENERAL 1.01 SECTION INCLUDES A. The CONTRACTOR may use the OWNER's property designated within the construction limits shown on the Drawings for equipment and materials as long as he confines his operations to those permitted by local laws, ordinance and permits and meets the following requirements: Do not unreasonably encumber site with materials or equipment. 2. Assume full responsibility for protection and safekeeping of products stored on premised. 3. Move any stored products which interfere with operations of the OWNER. 4. Obtain and pay for use of additional storage or work areas needed for operations. 1.02 LIMITS OF CONSTRUCTION A. The CONTRACTOR must maintain all of his construction activities within the OWNER's property and/or construction easements and limits of the project, or other stated areas, unless permits and/or written permission are obtained by the CONTRACTOR, from appropriate authorities or private property owners, outside of these areas. Contractor to fence all easements and work areas. The temporary permits must be secured and paid for by the CONTRACTOR at no extra cost to the OWNER. Any temporary permits secured must be in writing and a copy of same provided to the ENGINEER. 1.03 SECURITY A. The CONTRACTOR shall at all times be responsible for the security of his facilities and equipment. The OWNER will not take responsibility for missing or damaged equipment, tools, or personal belongings of the CONTRACTOR. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01140-1 Contractor's Use of Premises Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 01140-2 Contractor's Use of Premises Protection Measures SECTION 01145 SPECIAL PROJECT PROCEDURES PART1 GENERAL 1.01 SECTION INCLUDES A. General construction requirements and special considerations relating to the elements of construction of the LPATH Berm Erosion Protection Measures. Specific descriptions of the work are provided for the following sections of the project: 1) Construction of the North and South spills. 2) Removal of fill material from borrow sites South of the Blue Gill Pond, and North of Prospect Road. 1.02 RELATED SECTIONS A. Section 00520 — Agreement PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.01 CONSTRUCTION TRAFFIC CONTROL A. The CONTRACTOR, with input and cooperation from the OWNER, will prepare the construction traffic control plans and specifications for construction of the project. The traffic control plan shall be submitted at least 7 days prior to the start of traffic control activities. Any changes to the approved traffic control plan will need to be submitted to the City of Fort Collins Traffic Department at least 48 hours prior to instituting the proposed changes. B. The CONTRACTOR shall provide to the City of Fort Collins Traffic Department a detailed construction schedule for the work, including production rates, estimated closure times for streets and intersections, if any, and material delivery and haul routes. C. Section 01555 Traffic Regulation is provided as a guide to items of work the CONTRACTOR will be responsible for, and that may not be specifically referenced in the construction traffic control plan. Such items include providing access to fire hydrants, access for emergency services, and provision of warning signs and lights around the work zone, especially during non -work periods. 3.03 NATURAL AREAS Due to the project being located entirely within a city designated natural area the CONTRACTOR shall abide by the rules and regulations set forth by the City of Fort Collins Natural Resources Department. END OF SECTION LPATH Berm Erosion 01145-1 Special Project Procedures Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 01145-2 Special Project Procedures Protection Measures SECTION 01180 UTILITY SOURCES PART1 GENERAL 1.01 SECTION INCLUDES A. Names and telephone numbers of affected agencies and utilities in the area are listed below for the CONTRACTOR's convenience. The CONTRACTOR assumes all responsibility of contacting these agencies and verification of telephone numbers. 1. Water a. City of Fort Collins (970) 221-6700 b. Fort Collins — Loveland Water District (970) 226-3104 c. East Latimer Water District (970) 493-2044 2. Sanitary Sewer - City of Fort Collins (970) 221-6700 Boxelder Sanitation District (970) 498-0604 3. Stormwater - City of Fort Collins (970) 221-6700 4. Natural Resources — City of Fort Collins (970) 221-6600 5. Park Planning — City of Fort Collins (970) 221-6360 6. Electrical a. City of Fort Collins (970) 224-6157 b. Platte River Power Authority (PRPA) (970) 226-4000 c. Western Area Power Administration (WAPA) (970) 461-7298 d. Poudre Valley Rural Electric Association (PVREA) (970) 226-1234 c. Public Service Company (PSC) / Xcel Energy (800) 895-1999 7. Engineering— City of Fort Collins (970) 221-6605 8. Traffic — City of Fort Collins (970) 224-6062 9. Gas - Xcel Energy (800) 895-2999 10. Telephone - Qwest (970) 222-2414 11. Cable TV - Comcast (970) 484-7166 12. One -Call Utility Locates 1 (800) 922-1987 PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01180-1 Utility Sources Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 01180-2 Utility Sources Protection Measures SECTION 01270 MEASUREMENT AND PAYMENT PART GENERAL 1.01 SECTION INCLUDES A. The work performed under this Agreement shall be paid for on both a Unit Price basis and Lump Sum basis for individual line items at the rates for the respective items on the Bid Schedule. The quantities provided on the Bid Schedule are only estimates of the actual quantities of the work to be performed, and are only included for purposes of making the award and establishing a basis for estimating the probable cost of the Work. The actual amounts of work performed and materials furnished for unit price bid items may differ from the estimated quantities. The basis of payment for work and materials bid as a unit price will be the actual amount of approved work done and materials furnished. Payment shall be made only for those items included in the Bid Schedule. All costs incurred shall comply with the provisions of these Specifications and shall be included in the unit price bid for the associated items in the Bid Schedule. Except as may be otherwise stipulated, no material, labor or equipment will be furnished by the OWNER. The quantity of work which will be considered for payment is the actual number of units completed in accordance with all relative Specifications. This basis of measurement and payment for each proposal item will be described below. The following provides a general listing of contract bid items along with a brief summary of the work and materials included, but not limited to, in the unit price or lump sum price for each bid item. Refer to the Specifications and Drawings for additional information. 1.02 PAY ITEMS Mobilization No unit measurement for payment will be made for any of the work, materials and equipment required for mobilization and field overhead. This work consists of the mobilization of personnel, equipment and supplies at the project site in preparation for work on the project. This item shall include the establishment of the CONTRACTOR'S offices, buildings and other necessary facilities, and all other costs incurred or labor and operations which must be performed prior to beginning the other items under the Contract. This item shall also include temporary fencing around project work and driving areas, and any other fencing/security items as deemed necessary by the CONTRACTOR. This item also includes obtaining permits and CONTRACTOR testing. This item may also include provision of required bonds, insurance and preparation of the project schedule. The removal of the CONTRACTOR's equipment, supplies, excess materials, and cleanup of the site are also included in this item. Payment will be made as the work progresses. Fifty percent (50%) of the lump sum bid price will be paid at the time of the first monthly progress payment. An additional thirty percent (30%) will be paid when one-half the original contract amount is earned. The remaining twenty percent (20%) will LPATH Berm Erosion 01270-1 Measurement and Payment Protection Measures be paid upon final acceptance of the project. The total amount for mobilization shall not exceed five percent (5%) of the total bid. Pay Item Pay Unit Mobilization LS 2. Traffic / Access Control No unit measurement for payment shall be made for any of the materials, work, and equipment required. The payment shall be total compensation for all labor, equipment, materials, maintenance, and all incidentals necessary to prepare, implement, and maintain the approved Traffic Control Plan in accordance with the Drawings and accepted Traffic Control Plan. The work also includes but is not limited to the installation and maintenance of all required barricades and signs. Payment will be made as work progresses. Fifty percent (50%) of the lump sum bid price will be paid when twenty five (25%) of the original contract amount has been earned; an additional thirty percent (30%) will be paid when fifty percent (50%) of the original contract amount has been earned; and the remaining twenty percent (20%) will be paid upon final acceptance of the project. Pay Item Pay Unit Traffic / Access Control LS 3. Clearing and Grubbing No measurement for payment shall be made for any of the materials, work, and equipment required. Payment will be made as work progresses on a percentage lump sum basis. The payment shall be total compensation for all labor, equipment, materials, maintenance, and all incidentals necessary to prepare, implement, and conduct the clearing and grubbing, in accordance with the Drawings and Specifications, including all costs associated with the disposing of materials off -site. Pay Item Pay Unit Clearing and Grubbing LS 4. Construction Dewatering (North Spill and River Riprap Location) No unit measurement for payment will be made for this work. Work includes all equipment, temporary power, labor and materials for implementation of measures to control surface water and groundwater. Pay item also includes all work necessary to obtain the required Stormwater Management Permit and the Construction Dewatering Permit from the LPATH Berm Erosion 01270-2 Measurement and Payment Protection Measures 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. 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. 12/03 Section 00100 Page 3 5. Cra Colorado Department of Health. Also included are all equipment, labor and materials for evaluation, design, construction, and monitoring of dewatering. Payment shall be made based on the percentage of all work completed at the time of each Progress Payment. Pay Item Pay Unit Construction Dewatering (North Spill and River LS Riprap Location) Remove Concrete Rubble The measurement for removal of this item will be made on a unit basis. The unit price bid for this item shall be full compensation for removing, hauling and disposal of such items including existing concrete rubble, and all other work necessary to remove these items in accordance with the Drawings and Specifications. Replacement of riprap, trees, or vegetation outside of the pay lines due to the CONTRACTOR's failure to protect existing, undisturbed materials shall not be paid for and shall be replaced at the CONTRACTOR's expense. Pay Item Pay Unit Remove Concrete Rubble SF Fence Removal/Resetting (Wood Fence) The measurement for payment of this item will be the total number of linear feet of fence removed, stored, re -installed and accepted by the ENGINEER. No payment will be made for items installed as the result of negligence or unauthorized operations by the CONTRACTOR. The CONTRACTOR shall supply and install any new materials required to remove, store, and re -install the fence in its original location. Posts, rails and hardware shall be salvaged and re -installed, provided that they are in condition acceptable to the ENGINEER. The unit bid price per linear foot shall include all of the CONTRACTOR'S costs of whatsoever nature. The bid price shall include: removing, storing, and re -installing all posts, rails, and appurtenances, all additional materials, including wire and concrete; excavation, fill, compaction; and all other related and necessary materials, work, and equipment required to construct the work. Pay Item Pay Unit Fence Removal/Resetting (Wood Fence) LF LPATH Berm Erosion 01270-3 Measurement and Payment Protection Measures 7. Silt Fence The measurement for payment of silt fence will be the actual number of linear feet of silt fence installed. The work includes all equipment, labor, materials, maintenance, and all incidentals necessary to prepare, implement, maintain, remove the silt fence upon completion of construction, repair and reseed ground along fence line, in accordance with the Drawings. Pay Item Pay Unit Silt Fence LF 8. Straw Bale — Sediment and Erosion Control Structure The measurement for payment of straw bales will be on a unit basis. Payment will be made for each bale furnished and placed. The work includes all equipment, labor, materials, maintenance and all incidentals necessary to prepare, implement, maintain, and ultimately remove the straw bales in accordance with the Drawings and Specifications. Pay Item Pay Unit Straw Bale — Sediment and Erosion Control Structure EA 9. Unclassified Excavation 10. Muck Excavation 11. Native Soil (Over Revetment Mat Only) 12. Embankment (Complete In Place) without Haul 13. Embankment (Complete In Place) with Haul The measurement for payment of unclassified excavation will be the total number of cubic yards of material excavated according to the final Drawings. Unclassified excavation shall consist of excavation of all materials on the site to final grades, excluding the bid items listed in Section 02220. Excavation of unsuitable material will only be paid for if it is found to be unsuitable in its original state. Unclassified excavation shall be measured from the drawings and cross sections, and the plan quantity will be paid for by the cubic yard. Muck excavation shall include excavation of unsuitable material and haul and disposal of unsuitable material. Muck excavation shall also include the cost of materials used to replace muck excavation. Muck excavation of material from rain or weather damage will not be paid for and is entirely the CONTRACTOR'S responsibility. This item will be measured in the field and will be paid for by the cubic yard. If unsuitable subgrade is encountered and the ENGINEER directs the CONTRACTOR to overexcavate the material, the CONTRACTOR shall use LPATH Berm Erosion 01270-4 Measurement and Payment Protection Measures uniformly graded 1 1/2" rock. This item will be measured in the field and will be paid by the cubic yard per ticket of material used. Native Soil shall include stripping existing vegetation, temporarily stockpiling, load, haul and placement of topsoil within all designated areas of the construction site. This item shall be measured in the field and the volume calculated by the area multiplied by the depth, as determined by the ENGINEER with no allowance for shrinkage or swell, and shall be paid for by the cubic yard. Embankment (Complete In Place) without Haul shall include all excavated material, which is placed as embankment and compacted to final grades as specified in Section 02315. This item shall include placement and compaction of excavated material that has been determined as suitable from the on -site excavations. This item will be measured from the drawings and cross sections and the plan quantity will be paid for by the cubic yard. Embankment (Complete In Place) with Haul shall include all excavated material, which is placed as embankment and compacted to final grades as specified in Section 02315. This item shall include haul, placement and compaction of excavated material that has been determined as suitable from the on -site excavations. This item will be measured from the drawings and cross sections and the plan quantity will be paid for by the cubic yard. Pay Item Pay Unit Unclassified Excavation CY Muck Excavation CY Native Soil (Over Revetment Mat Only) CY Embankment (Complete In Place) without Haul CY Embankment (Complete In Place) with Haul CY 14. Concrete Sill (Complete In Place) The measurement for payment of the concrete sill shown on the Drawings, will be the total amount of cubic yards dimensioned on the Drawings, completed in place, and accepted. No measurement for payment will be made for items placed outside of the dimensions as shown on the Drawings unless directed by the ENGINEER. The unit price bid per cubic yard shall include all of the CONTRACTOR's costs of whatsoever nature. The price bid shall include: excavation; furnishing and placing the concrete and steel reinforcement; forming; furnishing and applying curing compounds; finishing the edging the concrete surfaces; joints and joint materials; furnishing and compacting all materials required for preparation of a stable subbase; backfilling; and, all other related and necessary materials, work, and equipment required to construct the concrete sill in accordance with the Drawings and Specifications. No measurement for payment shall be made for replacement of materials damaged by the CONTRACTOR in his operations. LPATH Berm Erosion 01270-5 Measurement and Payment Protection Measures 15. 16. Pay Item Pay Unit Concrete Sill (Complete In Place) CY Concrete Block Revetment Mat — North Spill The measurement for payment for this item will be by the actual number of square feet in place. The unit price bid per square foot of Concrete Block Revetment Mat for the North Spill shall include all of the CONTRACTOR's costs of whatsoever nature including: furnishing all labor, materials, equipment, and any other incidentals to Concrete Block Revetment Mat in accordance with the Contract Documents, complete -in -place; haul from the suppliers source; placement of revetment mat to design dimensions; excavation and embankment; subgrade preparation; compaction; furnishing and placement of filter fabric; grout; reinforcing bar; steel cable; anchors; and, any other miscellaneous items and work shown or reasonably implied on the Drawings and in the Specifications for this work, and elsewhere in the Contract Documents. Pay Item Pay Unit Concrete Block Revetment Mat — North Spill SF Concrete Block Revetment Mat (Including Drainage Layer) — South Spill The measurement for payment for this item will be by the actual number of square feet in place. The unit price bid per square foot of Concrete Block Revetment Mat for the North Spill shall include all of the CONTRACTOR'S costs of whatsoever nature including: furnishing all labor, materials, equipment, and any other incidentals to Concrete Block Revetment Mat in accordance with the Contract Documents, complete -in -place; haul from the suppliers source; placement of revetment mat to design dimensions; excavation and embankment; subgrade preparation; compaction; furnishing and placement of filter fabric; furnishing and placement of %" crushed rock drainage layer; grout; reinforcing bar; steel cable; anchors; and, any other miscellaneous items and work shown or reasonably implied on the Drawings and in the Specifications for this work, and elsewhere in the Contract Documents. Pay Item Pay Unit Concrete Block Revetment Mat (Including Drainage Layer) — South Spill SF LPATH Berm Erosion 01270-6 Measurement and Payment Protection Measures 17. Riprap (Class 12) The measurement for payment of riprap will be the total number of tons of riprap required to be placed as specified on the Drawings or as otherwise directed by the ENGINEER. Measurement does not include the thickness of the bedding. The unit price bid per ton of riprap placed shall include all of the CONTRACTOR's costs of whatsoever nature. The item shall include: furnishing, transporting, and placing all riprap; excavation, compaction, backfilling, removal and disposal of excavations and debris; Type II bedding material; geotextile fabric; compacted fill required to bury riprap; and all other related and necessary materials, work, and equipment required to place the riprap in accordance with the Drawings and Specifications. Pav Item Pay Unit Riprap (Class 12) TON 18. 4" to 8" Crushed Concrete Rubble The measurement for payment of 4" to 8" crushed concrete rubble will be the total number of tons of concrete rubble required to be placed as specified on the Drawings or as otherwise directed by the ENGINEER. The unit price bid per ton of concrete rubble placed shall include all of the CONTRACTOR's costs of whatsoever nature. The item shall include: furnishing, transporting, and placing all concrete rubble; excavation, compaction, backfilling, removal and disposal of excavations and debris; and all other related and necessary materials, work, and equipment required to place the concrete rubble in accordance with the Drawings and Specifications. Pav Item Pav Unit 4" to 8" Crushed Concrete Rubble TON 19. 1-1/2" Washed Rock The measurement for payment of 1-1/2" washed rock will be the total number of tons of washed rock required to be placed as specified on the Drawings or as otherwise directed by the ENGINEER. The unit price bid per ton of washed rock placed shall include all of the CONTRACTOR'S costs of whatsoever nature. The item shall include: furnishing, transporting, and placing all washed rock; excavation, compaction, backfilling, removal and disposal of excavations and debris; and all other related and necessary materials, work, and equipment required to place the washed rock in accordance with the Drawings and Specifications. LPATH Bern Erosion 01270-7 Measurement and Payment Protection Measures Pay Item Pay Unit 1-1/2" Washed Rock TON 20. Landscape -Tree Removal (>12" Diameter) The measurement and payment for Tree Removal will be the total number of trees removed as shown on the bid schedule and measured and accepted by the ENGINEER in accordance with the Drawings and Specifications. The ENGINEER will mark all trees to be removed and paid for under this item. All other miscellaneous tree and shrub removal shall be included in Clearing and Grubbing. Payment will be made upon completion of the work in accordance with the Drawings and Specifications. The unit price bid for each item shall include all of the CONTRACTOR'S cost of whatsoever nature to complete the tree removal including: furnishing and transporting all materials, labor, and equipment; excavation and removal of tree and stump and root system; backfilling and compaction; and, all other related and necessary materials, work, and equipment required to perform the work in accordance with the Drawings and Specifications. Pav Item Pav Unit Landscape -Tree Removal (>12" Diameter) EA 21. Ground Preparation for Seeding The measurement for payment of this item will be the total number of acres of disturbed ground prepared for seeding and accepted by the ENGINEER. No payment will be made for prepared ground outside of the limit of disturbance. The unit bid price per acre shall include all of the CONTRACTOR'S costs of whatsoever nature. The bid price shall include: watering, disking, and the preparation of disturbed ground to receive grass seed and shrubs; and all other related and necessary materials, work, and equipment required to conduct the work. Pay Item Pav Unit Ground Preparation for Seeding AC 22. Topsoil (Delivery and Stockpile only - No Installation) The measurement for payment of topsoil will be the total number of cubic yards of material delivered to the site. This item shall include delivery of the material and placement at various locations within the site. The final location of these delivery sites will be at the direction of the ENGINEER. LPATH Berm Erosion 01270-8 Measurement and Payment Protection Measures Pay Item Pay Unit Topsoil (Delivery and Stockpile only - No Installation) CY END OF SECTION LPATH Berm Erosion 01270-9 Measurement and Payment Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 01270-10 Measurement and Payment Protection Measures SECTION 01310 PROJECT MEETINGS PART1 GENERAL 1.01 SECTION INCLUDES A. Pre -Construction Conference: A Pre -Construction Conference will be held after Notice of Award and before the Notice to Proceed, the date, time and location will be determined after Notice of Award. The conference shall be attended by: 1. CONTRACTOR and CONTRACTOR's Superintendent 2. CONTRACTOR's Subcontractors 3. ENGINEER 4. OWNER 5. Others as requested by the CONTRACTOR, OWNER, or ENGINEER. Unless previously submitted to the OWNER, the CONTRACTOR shall bring to the conference a tentative schedule of the construction project, including the scheduled shop drawings and other submittals. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include: l . CONTRACTOR's tentative Schedule 2. Permit applications and submittals, including 402 Permit, Erosion and Sediment Control Plan, and Traffic Control Plan 3. Transmittal, review and distribution of CONTRACTOR's submittals 4. Processing applications for payment 5. Maintaining record documents 6. Critical work sequencing 7. Field decision and change orders 8. Use of premises, office and storage areas, staging area, security, housekeeping, and OWNER's needs 9. CONTRACTOR's assignment of safety and first aid LPATH Berm Erosion 01310-1 Project Meetings Protection Measures B. Construction Progress Meetings: Progress meetings will be conducted weekly or at some other frequency, if approved by the OWNER, ENGINEER and CONTRACTOR. These meetings shall be attended by the OWNER, the ENGINEER, the CONTRACTOR's representative and any others invited by these people. The meeting will be conducted by the ENGINEER and the ENGINEER will arrange for keeping the minutes and distributing the minutes to all persons in attendance. The agenda of these project meetings will include construction progress, the status of submittal reviews, the status of information requests, critical work sequencing, review of strategies for connections into existing facilities, status of field orders and change orders, and any general business. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01310-2 Project Meetings Protection Measures 7.0 1 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. LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance 12/03 Section 00100 Page 4 SECTION 01320 CONSTRUCTION SCHEDULES PART1 GENERAL 1.01 SECTION INCLUDES A. Prepare detailed schedule of all construction operations and procurements to be reviewed by parties attending the preconstruction conference. Schedule shall be approved by the OWNER and ENGINEER prior to Notice to Proceed. 1.02 FORMAT AND SUBMISSIONS A. Prepare construction and procurement schedules in a graphic format suitable for displaying scheduled and actual progress. The construction schedule shall clearly identify the critical path for the project and shall also identify all critical procurement items. B. Submit four (4) copies of each schedule to the OWNER and_ENGINEER for review. The ENGINEER will return one copy to the CONTRACTOR with revisions suggested or necessary for coordination of the Work with the needs of the OWNER or others. 1.03 CONTENT A. Construction Progress Schedule Show the complete work sequence of construction by activity and location. 2. Show the dates for the beginning and completion of major task items. At a minimum, show the following items: • Removal of trees and concrete rubble. • Installation of concrete sills for the North and South spills. • Placement of fill for the North and South spills • Installation of the concrete revetment mats and backfill for the North and South spills. • Placement of the buried riprap in the Cache la Poudre River. • Seeding/Mulching and placement of erosion control mat (By others). 3. Show projected percentage of completion for each item as of the first day of the month. B. Report of delivery of equipment and materials. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials. LPATH Berm Erosion 01320-1 Construction Schedules Protection Measures 1.04 PROGRESS REVISIONS A. Submit revised schedules and reports when changes are foreseen, when requested by OWNER or ENGINEER, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. 1.05 OWNER'S RESPONSIBILITY A. OWNER's review is only for the purpose of checking conformity with the Contract Documents and assisting CONTRACTOR in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving CONTRACTOR from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01320-2 Construction Schedules Protection Measures SECTION 01330 SUBMITTALS PART1 GENERAL 1.01 SECTION INCLUDES A. Requirements: Where required by the Specifications, the CONTRACTOR shall submit descriptive information that will enable the ENGINEER to determine whether the CONTRACTOR's proposed materials, equipment, methods of work are in general conformance to the design concept and in accordance with the Drawings and Specifications. The information submitted may consist of drawings, specifications, descriptive data, certificates, samples, test results, product data, and such other information, all as specifically required in the Specifications. In some instances, specified submittal information describes some, but not all features of the material, equipment, or method of work. 2. The CONTRACTOR shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment, or method of work shall be as described in the submittal. The CONTRACTOR shall verify that all features of all products conform to the requirements of the Drawings and Specifications. The CONTRACTOR shall ensure that there is no conflict with other submittals and notify the ENGINEER in each case where its submittal may affect the work of another CONTRACTOR or the OWNER. The CONTRACTOR shall ensure coordination of submittals among the related crafts and subcontractors. 3. Submittals will be reviewed for overall design intent and returned to CONTRACTOR with action to be indicated by the ENGINEER. It shall be the CONTRACTOR's responsibility to assure that previously accepted documents are destroyed when they are superseded by a resubmittal as such. 4. It shall be the CONTRACTOR's responsibility to ensure that required items are corrected and resubmitted. Any work done before approval shall be at the CONTRACTOR's own risk. B. Submittal Procedure: Unless a different number is called for in the individual sections, six (6) copies of each submittal and sample are required, four (4) of which will be retained by the ENGINEER. The CONTRACTOR shall receive two (2) copies in return. Faxed submittals will not be accepted. 2. Submittals that are related to or affect each other shall be forwarded simultaneously as a package to facilitate coordinated review. Uncoordinated submittals will be rejected. LPATH Berm Erosion 01330-1 Submittals Protection Measures 3. If the items or system proposed are acceptable but the major part of the individual drawings or documents are incomplete or require revision, the submittal will be returned with requirements for completion. 4. The right is reserved for the ENGINEER to require submittals in addition to those called for in individual sections. 5. Submittals regarding material and equipment shall be submitted directly to the ENGINEER and will be accompanied by a transmittal form. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate discrete sections for which the submittal is required. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. 6. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX-Y;" where "XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned for resubmittals (i.e., A, B, or C being the first, second and third resubmittals, respectively). Submittal 25B, for example, is the second resubmittal of Submittal 25. 7. If the CONTRACTOR proposes to provide material, equipment, or method of work that deviates from the Contract Documents, it shall indicate so under "deviations" on the transmittal form accompanying the submittal copies. 8. Submittals that do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review. C. Review Procedure: Submittals are specified for those features and characteristics of materials, equipment, and methods of operation that can be selected based on the CONTRACTOR's judgment of their conformance to the requirements of the Drawing and Specifications. Other features and characteristics are specified in a matter that enables the CONTRACTOR to determine acceptable options without submittals. The review procedure is based on the CONTRACTOR's guarantee that all features and characteristics not requiring submittals conform to the Drawings and Specifications. Review shall not extend to means, methods, techniques, sequences, or procedures of construction or to verifying quantities, dimensions, weights or gages, or fabrication processes (except where specifically indicated or required by the Specifications) of separate items, and as such, will not indicate approval of the assembly in which the item functions. 2. Unless otherwise specified, within twenty-one (21) calendar days after receipt of the submittal, the ENGINEER will review the submittal and return copies. The returned submittal will indicate one of the following actions: LPATH Berm Erosion 01330-2 Submittals Protection Measures a. If the review indicates that the material, equipment, or work method complies with the Specifications, submittal copies will be marked "NO EXCEPTIONS TAKEN". In this event, the CONTRACTOR may begin to implement the work method or incorporate the material or equipment covered by the submittal. b. If the review indicates limited corrections are required, copies will be marked "FURNISH AS NOTED". The CONTRACTOR may begin implementing the work method or incorporating the material and equipment covered by the submittal in accordance with the noted corrections. Where submittal information will be incorporated in Operation and Maintenance data, a corrected copy shall be provided. C. If the review indicates that the submittal is insufficient or contains incorrect data, copies will be marked "REVISE AND RESUBMIT". Except at its own risk, the CONTRACTOR shall not undertake work covered by this submittal until it has been revised, resubmitted and returned marked either "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED". d. If the review indicates that the material, equipment, or work method do not comply with the Specifications, copies of the submittal will be marked "REJECTED". Submittals with deviations that have not been identified clearly may be rejected. Except at its own risk, the CONTRACTOR shall not undertake the work covered by such submittals until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED". D. Drawing: The term "shop drawings" includes drawings, diagrams, layouts, schematic, descriptive literature, illustrations schedules performance and test data, and similar materials furnished by CONTRACTOR to explain in detail specific portions of the work required by the Contract 2. CONTRACTOR shall coordinate all such drawings, and review them for legibility, accuracy, completeness and compliance with contract requirements and shall indicate this approval thereon as evidence of such coordination and review. Shop drawing submitted to the ENGINEER without evidence of CONTRACTOR's approval will be returned for resubmission. 3. Shop drawing shall be clearly identified with the name and project number of this contract, and references to applicable specification paragraphs and contract drawings. When catalog pages are submitted, applicable items shall be clearly identified. 4. CONTRACTOR shall stamp his approval on shop drawings prior to submission to the ENGINEER as indication of his checking and verification of dimensions and coordination with interrelated items. Stamp shall read: "(CONTRACTOR's Name) represents that we have determined and verified all field dimensions and measurements, field construction LPATH Berm Erosion 01330-3 Submittals Protection Measures criteria, materials, catalog numbers and similar data, and that we have checked with the requirements of the Specifications and Drawings, the Contract Documents, and General Conditions". Marks on drawings by CONTRACTOR shall not be in red. Any marks by CONTRACTOR shall be duplicated on all copies submitted. 5. If shop drawings show variations from contract requirements, CONTRACTOR shall describe such variations in writing, separate from the drawings, at time of submission. All such variations must be approved by the ENGINEER. If ENGINEER approves any such variations, he shall issue an appropriate contract modification, except that, if the variation is minor and does not involve a change in price or in time of performance, a modification need not be issued. 6. Should the CONTRACTOR propose any item on his shop drawings or incorporate an item into the work, and that item should subsequently prove to be defective or otherwise unsatisfactory, (regardless of the ENGINEER's preliminary review), the CONTRACTOR shall, at his own expense, replace the item with another item that will perform satisfactorily. E. Certificates: For those items called for in individual sections, furnish six (6) certificates of compliance from manufacturers or suppliers certifying that materials or equipment being furnished under the Contract comply with the requirements of these Specifications. F. Samples: Samples shall be sufficient in size to clearly illustrate functional characteristics and full range of color, texture, and pattern. G. Effect of Review of CONTRACTOR's Submittals: Review of drawings, data, methods of work, or information regarding materials or equipment the CONTRACTOR proposes to provide, shall not relieve the contractor of its responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the ENGINEER or the OWNER, or by any officer or employee thereof, and the CONTRACTOR shall have no claim under the Contract on account of the failure or partial failure, of the method of work, material, or equipment so reviewed. A mark of "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED" shall mean that the OWNER has no objection to the CONTRACTOR, upon its own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed. LPATH Berm Erosion 01330-4 Submittals Protection Measures PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01330-5 Submittals Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 01330-6 Submittals Protection Measures SECTION 01425 STANDARD REFERENCES PART1 GENERAL 1.01 SECTION INCLUDES A. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, or laws or regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard, specifications manual or code (whether or not specially incorporated by reference in the Contact Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to 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. Whenever used in the Contract Documents, the following abbreviations will have the meanings listed: AASHTO American Association of State Highway and Transportation Officials 444 North Capital Street, N.W., Suite 225 Washington, DC 20001 ACI American Concrete Institute P. O. Box 19150 Detroit, MI ACPA American Concrete Pipe Association AISC American Iron and Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute, Inc. 1430 Broadway New York, NY 10017 AREMA American Railway Engineering and Maintenance -of -Way Association 8201 Corporate Drive, Suite 1125 Landover, MD 20785 ASCE American Society of Civil Engineers 345 East 47th Street New York, NY 10017 LPATH Berm Erosion 01425-1 Standard References Protection Measures ASTM American Society of Testing and Materials 1916 Race Street Philadelphia, PA 19103 BOCA Building Officials and Code Administrators 17926 Halstead Homewood, IL 60430 CISPI Cast Iron Soil Pipe Institute CRSI Concrete Reinforcing Steel Institute 180 North LaSalle Street Chicago, IL 60601 CSI Construction Specifications Institute DIPRA Ductile Iron Pipe Research Associations EPA Environmental Protection Agency FEDSPEC Federal Specifications General Services Administration Specification and Consumer Information Distribution Branch Washington Navy Yard, Building 197 Washington, DC 20407 FEDSTDS Federal Standards (see FEDSPEC) ICBO International Conference of Building Officials 5360 South Workman Mill Road Whittier, CA 90601 MILSPEC Military Specifications Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 NIST National Institute of Standards and Technology NPC National Plumbing Code NSC National Safety Council OSHA Occupational Safety and Health Act U.S. Department of Labor Occupational and Health Administration San Francisco Regional Office 450 Golden Gate Avenue, Box 30617 PCA Portland Cement Association PCI Prestressed Concrete Institute LPATH Berm Erosion 01425-2 Standard References Protection Measures 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 12/03 Section 00100 Page 5 PS Products Standards Section - U.S. Depart. of Commerce SSPC Steel Structures Painting Council SSPWC Standard Specifications for Public Works Construction Building News, Inc. 3055 Overhead Avenue Los Angeles, CA 90034 TCA Title Council of America UBC Uniform Building Code Published by ICBO UL Underwriter's Laboratory 207 East Ohio Street Chicago, IL 60611 UMC Uniform Mechanical Code Published by ICBO UPC Uniform Plumbing Code Published by IAPMO PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01425-3 Standard References Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 01425-4 Standard References Protection Measures SECTION 01450 MATERIALS TESTING PART1 GENERAL 1.01 SECTION INCLUDES A. Provide such equipment and facilities as are required for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment found to be acceptable. Any product which becomes unfit for use after approval thereof shall not be incorporated into the work. B. Tests shall be made by an accredited testing laboratory selected by the OWNER. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM), and the American Association of Highway and Transportation Officials (AASHTO). C. Where additional or specific information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.02 OWNER'S RESPONSIBILITIES A. The OWNER shall be responsible for and shall pay all costs in connection with the following testing: Soils compaction tests. 2. Trench backfill. 3. Tests not called for by the Specifications of materials delivered to the site. 4. Concrete tests. 1.03 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, CONTRACTOR shall also be responsible for and shall pay all costs in connection with testing required for the following: l . Concrete materials and mix designs. 2. Gradation tests for embedment, fill and backfill materials. 3. All performance and field testing specifically called for by the Specifications. LPATH Berm Erosion 01450-1 Materials Testing Protection Measures 4. All retesting for work or materials found defective or unsatisfactory, including tests covered under 1.02 above. 5. Water quality testing required by discharge permits. 1.04 TRANSMITTAL OF TEST REPORTS Written reports of tests and engineering data furnished by CONTRACTOR for ENGINEER's review of materials and equipment proposed to be used in the work shall be submitted as specified for Shop Drawings. The testing laboratory retained by the OWNER will furnish three (3) copies of a written report of each test performed by laboratory personnel in the field or laboratory. Two (2) copies of each test report will be transmitted to the ENGINEER and one (1) copy to the CONTRACTOR within seven (7) days after each test is completed. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01450-2 Materials Testing Protection Measures SECTION 01555 TRAFFIC REGULATION PART1 GENERAL 1.01 SECTION INCLUDES A. Conformance: City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Department of Transportation), or applicable statutory requirements of authority having jurisdiction. Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices. B. Operations on or about traffic areas and provisions for regulating traffic will be subject to the regulation of governmental agencies having jurisdiction over the affected areas. C. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. D. Keep fire hydrants and water control valves free from obstruction and available for use at all times. E. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. 1.02 TRAFFIC CONTROL PLAN A. The Traffic Control Plan is to be used as a guideline for the CONTRACTOR. Adjustments to the approved plan may be required by the OWNER based on actual traffic operation. B. Traffic control shall be provided by the CONTRACTOR. 1.03 FLAGMEN A. Required where necessary to provide for public safety, or the regulation of traffic, or by jurisdictional authorities. B. Shall be properly equipped and certified by ATSSA. 1.04 WARNING SIGNS AND LIGHTS A. Provide barricades and warning signs for: I. Open trenches and other excavations. 2. Obstructions, such as material piles, equipment (moving or parked), piled embankment. B. Illuminate by means of warning lights all barricades and obstructions from sunset to sunrise. LPATH Berm Erosion 01555-1 Traffic Regulation Protection Measures C. Protect roads and driveways by effective barricades on which are placed acceptable warning signs. D. Barricades and warning signs must be acceptable to the ENGINEER. 1.05 PARKING A. The CONTRACTOR shall designate parking areas with the approval of the OWNER for the use of all construction workers and others performing work or furnishing services in connection with the project so as avoid interference with public traffic, OWNER's operations, or construction activities. 1.06 ROADWAY USAGE BETWEEN OPERATIONS A. At all times when work is not actually in progress, CONTRACTOR shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between CONTRACTOR and OWNER and all authorities having jurisdiction over any properties involved. 1.07 WORK AREA SAFETY A. The CONTRACTOR shall maintain a safe work area and protect area residents, motorists, bicyclists, pedestrians, and children from work area hazards. B. The CONTRACTOR shall provide all work area safety control devices, such as barricades and safety fence around all excavations and drop-offs. C. Work area safety control devices will not be paid for separately. Cost for this equipment should be included in the unit costs for the work items which will require work area safety control devices. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01555-2 Traffic Regulation Protection Measures SECTION 01635 SUBSTITUTIONS AND PRODUCT OPTIONS PARTI GENERAL 1.01 SECTION INCLUDES A. Description: 1. This section describes the procedure required by the CONTRACTOR for product substitutions. 2. Requests for Substitution: a. Base all bids on materials, equipment and procedures specified. b. Certain types of equipment and kinds of material are described in specifications by means of trade names and catalog numbers, and/or manufacturer's names. Where this occurs, it is not intended to exclude from consideration such types of equipment and kinds of material bearing other trade names, catalog numbers and/or manufacturer's names, capable of accomplishing purpose of types of equipment or kinds of material specifically indicated. C. Other types of equipment and kinds of material may be acceptable to the OWNER and ENGINEER. d. Types of equipment, kinds of material and methods of construction, if not specifically indicated must be approved in writing by ENGINEER and the OWNER. 3. Submission of Requests for Substitution: a. After Notice to Proceed, the OWNER/ENGINEER will consider written requests for substitutions of products, materials, systems or other items. b. The ENGINEER reserves the right to require substitute items to comply color and pattern -wise with base specified items, if necessary to secure "design intent". C. Submit six (6) copies of request for substitution. Include in request: 1) Complete data substantiating compliance of proposed substitute with Contract Documents, 2) For products: i. Product identification, including manufacturer's name. ii. Manufacturer's literature, marked to indicate specific model, type, size, and options to be LPATH Berm Erosion 01635-1 Substitutions and Protection Measures Product Options Ell considered: Product description; performance and test data; reference standards; difference in power demand; dimensional differences for specified unit. iii. Name and address of similar projects on which product was used, date of installation, and field performance data. 3) For construction methods: i. Detailed description of proposed method. ii. Drawings illustrating methods. 4) Itemized comparison of proposed substitution with product or method specified. 5) Data relating to changes in construction schedule. 6) Relation to separate contracts. 7) Accurate cost data on proposed substitution in comparison with product or method specified. d. In making request for substitution, or in using an approved substitute item, Supplier/Manufacturer represents: 1) He has personally investigated proposed product or method, and has determined that it is equal or superior in all respects to that specified and that it will perform function for which it is intended. 2) He will provide same guarantee for substitute item as for product or method specified. 3) He will coordinate installation of accepted substitution into work, to include building modifications if necessary, making such changes as may be required for work to be complete in all aspects. 4) He waives all claims for additional costs related to substitution which subsequently become apparent. Substitutions: a. Request sufficiently in advance to avoid delay in construction. LPATH Berm Erosion 01635-2 Substitutions and Protection Measures Product Options 5. CONTRACTOR's Option: a. For products specified only by reference standards, select ,any product meeting standards by any manufacturer, indicate selected type in submission. b. For products specified by naming several products or manufacturers, select any product and manufacturer named, indicate selected type in submission. C. For products specified by naming one or more products, but indicating option of selecting equivalent products by stating "or equivalent" after specified product, CONTRACTOR must submit request, as required for substitution, for any product not specifically named. 6. Rejection of Substitution or Optional Item: a. Substitutions and/or options will not be considered if: 1) They are indicated or implied on shop drawings, or project data submittals, without formal request submitted in accordance with this section. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01635-3 Substitutions and Protection Measures Product Options THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 01635-4 Substitutions and Protection Measures Product Options 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. 12/03 Section 00100 Page 6 SECTION 01650 MATERIAL DELIVERY, STORAGE, AND HANDLING PART1 GENERAL 1.01 SECTION INCLUDES A. Equipment, products and materials shall be shipped, handled, stored, and installed in ways which will prevent damage to the items. Damaged items will not be permitted as part of the work except in cases of minor damage that have been satisfactorily repaired and are acceptable to the ENGINEER. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01650-1 Material Delivery, Protection Measures Storage, and Handling THIS PAGE INTENTIONALLY LEFT BLANK LPATH Berm Erosion 01650-2 Material Delivery, Protection Measures Storage, and Handling SECTION 01710 SITE CONDITIONS PART1 GENERAL 1.01 SECTION INCLUDES A. General: The CONTRACTOR acknowledges that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon access to the site; handling, storage, and disposal of materials; availability of water, electricity and roads; uncertainties of weather, river stages, water flow rates and levels in irrigation ditches and canals or similar physical conditions at the site; the conformation and conditions of the ground; the equipment and facilities needed preliminary to and during the execution of the work; and all other matters which can in any way affect the work or the cost thereof under this Contract. 2. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials to be encountered from his inspection of the site and from reviewing any available records of exploratory work furnished by the OWNER or included in these Documents. Failure by the CONTRACTOR to acquaint himself with the physical conditions of the site and all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. 3. The CONTRACTOR warrants that as a result of his examination and investigation of all the aforesaid data that he can perform the work in a good and workmanlike manner and to the satisfaction of the OWNER. The OWNER assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of this Contract, unless (1) such representations are expressly stated in the Contract, and (2) the Contract expressly provides that the responsibility therefore is assumed by the OWNER. PART2 PRODUCTS 2.01 INFORMATION ON SITE CONDITIONS A. Any information obtained by the ENGINEER regarding site conditions, subsurface information, groundwater elevations, existing construction of site facilities, and similar data will be available for inspection, as applicable, at the office of the ENGINEER upon request. Such information is offered as supplementary information only. Neither the ENGINEER nor the OWNER assumes any responsibility for the completeness or interpretation of such supplementary information. Differing Subsurface Conditions: a. In the event that the subsurface or latent physical conditions are found materially different from those indicated in these Documents, and LPATH Berm Erosion 01710-1 Site Conditions Protection Measures differing materially from those ordinarily encountered and generally recognized as inherent in the character of work covered in these Contract Documents, the CONTRACTOR shall promptly, and before such conditions are disturbed, notify the ENGINEER in writing of such changed conditions. b. The ENGINEER will investigate such conditions promptly and following this investigation, the CONTRACTOR shall proceed with the work, unless otherwise instructed by the ENGINEER. If the ENGINEER finds that such conditions do so materially differ and cause an increase or decrease in the cost of or in the time required for performing the work, the ENGINEER will recommend to the OWNER the amount of adjustment in cost and time he considers reasonable. The OWNER will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or time for completion. 2. Underground Utilities: a. Known utilities and structures adjacent to or encountered in the work are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans, however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the CONTRACTOR only, and no responsibility is assumed by either the OWNER or the ENGINEER for their accuracy or completeness. PART 3 EXECUTION 3.01 GENERAL A. Where the CONTRACTOR's operations could cause damage or inconvenience to railway, telegraph, telephone, television, oil, gas, electricity, water, sewer, or irrigation systems, the operations shall be suspended until all arrangements necessary for the protection of these utilities and services have been made by the CONTRACTOR. B. Notify all utility offices which are affected by the construction operation at least 48 hours in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. C. The CONTRACTOR shall protect all utility poles from damage. If interfering power poles, telephone poles, guy wires, or anchors are encountered, notify the ENGINEER and the appropriate utility company at least 48 hours in advance of construction operations to permit the necessary arrangements for protection or relocation of the interfering structure. D. The CONTRACTOR shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract. LPATH Berm Erosion 01710-2 Site Conditions Protection Measures E. Neither the OWNER nor its officers or agents shall be responsible to the CONTRACTOR for damages as a result of the CONTRACTOR's failure to protect utilities encountered in the work. F. If the CONTRACTOR while performing the Contract discovers utility facilities not identified in the Drawings or Specifications, he shall immediately notify the OWNER, utility, and the ENGINEER in writing. G. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in the restoration of service as promptly as possible and bear all costs of repair. H. The CONTRACTOR shall replace, at his own expense, any and all other existing utilities or structures removed or damaged during construction, unless otherwise provided for in these Contract Documents or ordered by the ENGINEER. 3.02 INTERFERING STRUCTURES A. The CONTRACTOR shall take necessary precautions to prevent damage to existing structures whether on the surface, aboveground, or underground. An attempt has been made to show major structures on the Drawings. The completeness and accuracy cannot be guaranteed, and it is presented simply as a guide to avoid known possible difficulties. 3.03 FIELD RELOCATION A. During the progress of construction, it is expected that minor relocations of the work will be necessary. Such relocations shall be made only by direction of the ENGINEER. If existing structures are encountered that prevent the construction, and that are not properly shown on the Drawings, notify the ENGINEER before continuing with the construction in order that the ENGINEER may make such field revision as necessary to avoid conflict with the existing structures. If the CONTRACTOR shall fail to so notify the ENGINEER when an existing structure is encountered, and shall proceed with the construction despite the interference, he shall do so at his own risk. 3.04 EASEMENTS A. Where portions of the work are located on public or private property, easements and permits will be obtained by the OWNER. Easements will provide for the use of the property for construction purposes to the extent indicated on the easements. Copies of these easements and permits are available upon request to the OWNER. It shall be the CONTRACTOR's responsibility to determine the adequacy of the easement obtained in every case and to abide by all requirements and provisions of the easement. The CONTRACTOR shall confine his construction operations to within the easement limits or make special arrangements with the property owners or appropriate public agency for the additional area required. Any damage to property, either inside or outside the limits of the easements provided by the OWNER, shall be the responsibility of the CONTRACTOR as specified herein. The CONTRACTOR shall remove, protect, and replace all fences or other items encountered on public or private property. Before final payment will be authorized by the ENGINEER, the CONTRACTOR will be required to furnish the OWNER with written releases from property owners or public agencies where LPATH Berm Erosion 01710-3 Site Conditions Protection Measures side agreements or special easements have been made by the CONTRACTOR or where the CONTRACTOR's operations, for any reason, have not been kept within the construction right-of-way obtained by the OWNER. B. It is anticipated that the required easements and permits will be obtained before construction is started. However, should the procurement of any easement or permit be delayed, the CONTRACTOR shall schedule and perform the work around these areas until such a time as the easement or permit has been secured. 3.05 LAND MONUMENTS A. The CONTRACTOR shall notify the ENGINEER of any existing Federal, State, City, County, and private land monuments encountered. Private monuments shall be preserved, or replaced by a licensed surveyor at the CONTRACTOR's expense. When Government monuments are encountered, the CONTRACTOR shall notify the ENGINEER at least two (2) weeks in advance of the proposed construction in order that the ENGINEER will have ample opportunity to notify the proper authority and reference these monuments for later replacement. END OF SECTION LPATH Berm Erosion 01710-4 Site Conditions Protection Measures SECTION 01715 TREE, LANDSCAPE, VEGETATION, AND WETLAND PROTECTION PART1 GENERAL 1.01 SECTION INCLUDES A. The work for this section consists of protecting existing trees, landscape, wetlands and adjacent vegetation. The CONTRACTOR must take special care to avoid damaging existing trees and vegetation in areas that do not need to be disturbed to complete construction. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.01 SUBMITTAL REQUIREMENTS A. The CONTRACTOR shall submit a plan for on -site haul of materials prior to construction. The plans shall include points of access to and from the site and shall show a workable system of on -site haul routes that protect existing landscaped and wetland areas. This plan shall be submitted to the ENGINEER for his review and comment prior to the commencement of any work. The plan will be discussed with the CONTRACTOR to insure protection of existing vegetation, but the ENGINEER shall not dictate haul routes or construction methods to the CONTRACTOR. Note that the Natural Resources Department may dictate haul routes within the city designated Natural area. 3.02 CONSTRUCTION REQUIREMENTS A. Protected areas will be marked in the field, one time, by the OWNER and ENGINEER. No access of construction vehicles or workers on foot is permitted through protected areas. No material shall be stockpiled; no equipment shall be parked or repaired within these areas. B. Trees and vegetation to be saved that do not fall within the limits of protected areas shall be marked one time in the field by the OWNER and ENGINEER. The CONTRACTOR shall erect fencing if there is risk of damage caused by construction operations. Vehicular and pedestrian traffic shall be limited to performing work in areas marked. Through traffic, and stock piling of equipment and materials are not permitted within marked areas. C. No construction roads are to be created within the drop lines of any trees or other vegetation designated to be saved without approval of the ENGINEER. D. All trees which will be preserved, but are within the limits of construction, must be protected from all damage associated with construction. A sturdy, physical barrier (florescent orange in color) must be fixed in place around each tree for the duration of construction. This barrier will be placed no closer than 6 feet from the trunk, or the drip line, whichever is greater. The barrier itself must be fixed so it cannot be moved easily, but the material can be flexible, such as orange snow fence attached to T-posts driven into the ground, and must act as an effective deterrent to deliberate or accidental damage of each tree. Actual materials and location of barrier must be approved by the OWNER's LPATH Berm Erosion 01715-1 Tree, Landscape, Vegetation, Protection Measures and Wetland Protection representatives (i.e. Utilities and City Forester) and ENGINEER.The cost of these tree protection measures are to be borne solely by the CONTRACTOR. E. The movement or storage of equipment, material, debris, or fill within these required protective barriers is completely prohibited. Any trees damaged during construction shall be immediately repaired by an approved tree surgeon. Any tree judged by the ENGINEER to be damaged beyond repair shall be removed at the CONTRACTOR's expense. For each tree erroneously removed or damaged beyond repair, an assessment shall be immediately withheld from the CONTRACTOR's progress payments. This assessment shall be equal to the value of the tree prior to damage. This assessment shall be determined by a tree appraiser, selected by the OWNER and paid for by the CONTRACTOR. The cost for hiring the appraiser shall also be withheld from the CONTRACTOR's progress payments. In addition to the paying of the assessment, the CONTRACTOR shall replace each damaged tree per OWNER'S standards for tree mitigation. G. The CONTRACTOR shall pay an assessment if he disturbs any grasses, shrubs and/or cattails located within the protected areas. The assessment shall not exceed one dollar ($1.00) per square foot of disturbance, and will be immediately withheld from the CONTRACTOR's progress payments. In addition to the paying of the assessment, the damaged vegetation shall be replaced with an equal value per square foot of damage. Replacements shall be planted in accordance with the provisions outlined in these Specifications. Damaged wetland areas shall be replaced and then seeded with a wetland seed mix in accordance with these Specifications or as directed by the ENGINEER. END OF SECTION LPATH Berm Erosion 01715-2 Tree, Landscape, Vegetation, Protection Measures and Wetland Protection SECTION 01720 FIELD ENGINEERING AND SURVEYING PART GENERAL 1,01 SECTION INCLUDES A. Surveying: The OWNER will provide construction surveying for the project. City Survey Crews will perform the surveying required. 2. The CONTRACTOR must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying. 3. If the requested surveying cannot be accomplished in the time frame requested by the CONTRACTOR, the survey personnel shall notify the CONTRACTOR with the date on which the requested work will be completed. 4. Should a sudden change in the CONTRACTOR's operations or schedule require the survey personnel to work overtime, the CONTRACTOR shall pay the additional overtime expense. 5. The CONTRACTOR shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the CONTRACTOR is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The CONTRACTOR will be responsible for the cost of restaking construction stakes and for the cost of reestablishing a destroyed monument. 6. The CONTRACTOR shall be responsible for transferring the information from the construction staked to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the OWNER. B. Supervision: The CONTRACTOR shall have supervision, knowledge of the project requirements and proper installation, and construction procedures, available in the field at all times that work is progressing. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01720-1 Field Engineering Protection Measures and Surveying THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 01720-2 Field Engineering Protection Measures and Surveying 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. 12/03 Section 00100 Page 7 SECTION 01745 ENVIRONMENTAL CONTROLS PART1 GENERAL 1.01 SECTION INCLUDES A. The work of this section consists of obtaining permits and providing environmental controls consistent with regulatory permits through the duration of the work required under this project. PART PRODUCTS 2.01 MATERIALS A. Dust Control: Dust control agents may be necessary in addition to wetting down with water. Dust control agents may be used only after prior approval by the OWNER. PART 3 EXECUTION 3.01 Dust Control Application: A. The CONTRACTOR shall execute work by methods to minimize raising dust from construction operations. B. The CONTRACTOR shall provide and apply dust control at all times, including evenings, holidays and weekends, as required to abate dust nuisance on and about the site that is a direct result of construction activities. The use of non -approved chemicals, oil, or similar palliatives will not be allowed. Dust control agents may be used only after prior approval of the OWNER. The CONTRACTOR shall be required to provide sufficient quantities of equipment and personnel for dust control sufficient to prevent dust nuisance on and about the site. C. The OWNER will have authority to order dust control work whenever in its opinion it is required, and there shall be no additional cost to the OWNER. The CONTRACTOR shall be expected to maintain dust control measures effectively whether the OWNER or ENGINEER specifically orders such Work. 3.02 PRESERVATION OF NATURAL FEATURES A. Confine operations as much as possible. Exercise special care to maintain natural surroundings in an undamaged condition. Within the work limits, barricade trees, rock outcroppings, and natural features to be preserved. 3.03 HOUSEKEEPING A. Keep project neat, orderly, and in a safe condition at all times. Store and use equipment, tools, and materials in a manner that does not present a hazard. LPATH Berm Erosion 01745-1 Environmental Controls Protection Measures Immediately remove all rubbish. Do not allow rubbish to accumulate. Provide on - site containers for collection of rubbish and dispose of it at frequent intervals during progress of work. 3.04 DISPOSAL A. Disposal of Waste (Unsuitable) Materials: All material determined by the ENGINEER to be waste will be disposed of in approved landfill in a manner meeting all regulations. Dispose of waste materials, legally, at public or private dumping areas. Do not bury wastes inside of the limits of construction. All costs for dump fees, permits, etc., to be borne by the CONTRACTOR. B. Disposal of Garbage and Other Construction Materials: Provide sanitary containers/dumpsters and haul away contents such that no overflow exists. C. Excess excavation shall become the property of the CONTRACTOR and shall be legally disposed of by him outside the limits of construction to an approved disposal site. Excess excavated material suitable for backfill shall not be disposed of until all backfill operations are complete. D. The CONTRACTOR is to immediately inform ENGINEER of any hazardous materials encountered during construction. Dispose of waste materials legally at private or public facilities. 3.05 BURNING A. No burning of debris will be permitted. 3.06 WATER CONTROL A. The project work is located within a natural drainage course is subject to periodic flooding due to rainfall and snowmelt, flows for adjacent developed areas and storm water pipes and ground water flows from saturated soils or other ground water sources. Refer to Section 02240 for Water Control and Dewatering requirements. 3.07 NOISE CONTROL A. All mechanical equipment shall be equipped with the best available mufflers to reduce noise. The CONTRACTOR shall be responsible for obtaining any necessary permits and shall limit noise to the permitted levels. Noise level monitoring shall be performed by the CONTRACTOR as necessary to show that the permitted levels are not being exceeded. 3.08 PERMITS A. All work must be performed in accordance with all applicable regulatory permits. It shall be the responsibility of the CONTRACTOR to obtain a Groundwater Discharge (402) Permit from the Colorado Department of Public Health and Environment for any dewatering operations that will be discharged into any LPATH Berm Erosion 01745-2 Environmental Controls Protection Measures drainageways, open channels, or irrigation ditches. The CONTRACTOR shall be responsible for any testing required under the 402 Permit. It shall also be the responsibility of the CONTRACTOR to apply for and obtain a State of Colorado Stormwater Discharge Permit. All costs for this permit shall be the responsibility of the CONTRACTOR. B. The OWNER will obtain the following permits: • (None) C. It shall be the responsibility of the CONTRACTOR to prepare and obtain an approved Erosion and Sediment Control Plan from the OWNER. The CONTRACTOR must obtain all other applicable permits. END OF SECTION LPATH Berm Erosion 01745-3 Environmental Controls Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 01745-4 Environmental Controls Protection Measures SECTION 01780 CONTRACT CLOSEOUT PART1 GENERAL 1.01 SECTION INCLUDES A. The following project closeout procedure defines the responsibilities of the CONTRACTOR, OWNER, and ENGINEER in closing the project: Step 1: CONTRACTOR advises the ENGINEER in writing that he has reached "Substantial Completion" and provides a list of items to be completed or corrected. Closeout may be conducted by areas or portions of the work if requested by the OWNER. Step 2: ENGINEER inspects the work to determine if it is substantially complete, and issues a Certificate of Substantial Completion plus a "Punch List" of items to be completed or corrected. Substantial Completion - Definition 1. Reference General Conditions, Substantial Completion Step 3: CONTRACTOR completes and/or corrects all punch list items and notifies the ENGINEER in writing that his work is ready for final inspection. At this time, a final application for payment is submitted. Step 4: ENGINEER makes final inspection. When the work is found to be acceptable under the Contract Documents, and the Contract fully performed, the ENGINEER will issue a final Certificate for Payment. B. Final Paperwork: Prior to Final Payment and Acceptance, the CONTRACTOR shall deliver the following items to the ENGINEER: 1. CONTRACTOR's Two -Year Correction Period. 2. All Guarantees, Warranties and Submittals, as specified. 3. Receipts for Extra Materials Delivered to the OWNER. 4. Final Application for Payment. 5. Consent of Surety to Final Payment. 6. CONTRACTOR's Affidavit of Release of Liens. 7. Releases from Property Owners for Special Easements. 8. Project Record Documents. LPATH Berm Erosion 01780-1 Contract Closeout Protection Measures 9. Red -lined as -built drawings (a.k.a. "Drawings of Record" or "Record Drawings"). C. Definition for Substantial Completion l . All of the following work must be completed: a. North and South spills completed including concrete sills, concrete block revetment mats, and backfilling. b. All cut/fill work along the top of the berm at both spill locations completed. C. All final grading completed at the borrow sites. d. Alt buried riprap in place, and all ground preparation completed. D. Definition for Final Completion 1. All Work must be complete for Final Completion. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION LPATH Berm Erosion 01780-2 Contract Closeout Protection Measures DIVISION 2 — SITE WORK SECTION 02230 SECTION 02235 SECTION 02236 SECTION 02240 SECTION 02315 SECTION 02370 SECTION 02371 SECTION 02375 SECTION 02376 SECTION 02700 SECTION 02921 LPATH Berm Erosion Protection Measures CLEARING AND GRUBBING NATIVE SOIL TOPSOIL WATER CONTROL AND DEWATERING EXCAVATION AND EMBANKMENT EROSION AND SEDIMENT CONTROL GEOTEXTILE FABRIC FOR CONCRETE BLOCK REVETMENT RIPRAP CONCRETE RUBBLE CONCRETE BLOCK REVETMENT SYSTEM SPECIFICATIONS FOR OVERTOPPING APPLICATIONS GROUND PREPARATION FOR SEEDING SECTION 02230 CLEARING AND GRUBBING PART1 GENERAL 1.01 SECTION INCLUDES A. This work consists of clearing, grubbing, removing, and disposing of vegetation and debris within the limits of the project site as shown on the Drawings and as required by the Work. Vegetation and objects designated to remain shall be preserved free from injury or defacement. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Embankment PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. The OWNER will designate all trees, shrubs, plants, and other objects to remain. Any object that is designated to remain and is damaged shall be repaired or replaced as directed by the OWNER, at the CONTRACTOR's expense. Clearing and grubbing shall extend to the toe of fill or the top of cut slopes, unless otherwise designated. All surface objects, trees, stumps, roots, and other protruding obstructions not designated to remain shall be cleared and grubbed, including mowing, as required. Undisturbed stumps, roots, and nonperishable solid objects located two feet or more below subgrade or embankment slope may remain in place. In areas to be rounded at the tops of backslopes, stumps shall be removed to at least two feet below the surface of the final slope line. Except in areas to be excavated, all holes resulting from the removal of obstructions shall be backfilled with suitable material and compacted in accordance with Section 02315. No material or debris shall be disposed of within the project limits. All cleared timber shall be removed from the project and shall become the property of the CONTRACTOR. All trimming shall be done in accordance with good tree surgery practices. The maximum tree diameter included for removal in this section shall be 12 inches. The CONTRACTOR shall scalp the areas within the excavation or embankment grading limits. Scalping shall include the removal from the ground surface of sawdust, and other vegetation matter. END OF SECTION LPATH Berm Erosion 02230-1 Clearing and Grubbing Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 02230-2 Clearing and Grubbing Protection Measures SECTION 02235 NATIVE SOIL PART1 GENERAL 1.01 SECTION INCLUDES A. This work consists of stripping, salvaging and stockpiling native soil, and excavating suitable native soil from stockpiles, contractor sources, available sources, or from the approved natural ground cover to place on designated areas. It shall include the placing of native soil upon constructed cut and fill slopes after grading operations are completed. 1.02 RELATED SECTIONS A. Section 02230 — Clearing and Grubbing B. Section 02315 — Excavation and Embankment PART2 PRODUCTS 2.01 MATERIALS A. Native soil shall consist of loose friable loam free of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, hard clods, toxic substances, or other material which would be detrimental to its use on the project. Native soil shall consist of natural on - site ground cover or hauled material from off -site sources. Wetland native soil material shall consist of moist organic soil, including any existing wetland vegetation and seeds, to be excavated from areas as directed by the ENGINEER or OWNER. PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. Native soil within the limits of the project shall be salvaged prior to beginning hauling, excavating, or fill operations by excavating and stockpiling the material at designated locations in a manner that will minimize sediment damage, and not obstruct natural drainage. Native soil shall be placed directly upon completed cut and fill slopes whenever conditions and the progress of construction will permit. B. No soil stockpile shall exceed ten (10) feet in height. All soil stockpiles shall be protected from sediment transport by surface roughening, watering, and perimeter silt fencing. Any soil stockpile remaining after 30 days shall be seeded and mulched. C. Native soil shall be placed at locations and to the thickness provided in the Contract Documents and shall be keyed to the underlying material by the use of harrows, rollers, or other suitable equipment. LPATH Berm Erosion 02235-1 Native Soil Protection Measures 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as 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. 12/03 Section 00100 Page 8 D. Water shall be applied to the native soil as designated in the Contract Documents, in a fine spray by nozzles or spray bars so the native soil areas will not be washed or eroded. E. Salvaged native soil exceeding the quantity required under the Contract shall be disposed of at the CONTRACTOR's expense. F. Wetland native soil material shall be excavated from designated areas to a minimum depth of 18 inches, or as otherwise designated. The CONTRACTOR shall prepare the relocation site to elevations specified and approved by the ENGINEER prior to excavating the wetlands. If the ENGINEER determines that this is not possible, then the CONTRACTOR shall stockpile the material in an approved area, to remain undisturbed until the relocation site has been prepared. Storage time within the stockpile shall be as short as possible. If deemed necessary by the ENGINEER, the stockpile will be protected in such a manner to preserve the wetland seed bank. Wetland native soil material shall be placed over the prepared relocation areas to a depth of 18 inches, or as otherwise designated. END OF SECTION LPATH Berm Erosion 02235-2 Native Soil Protection Measures SECTION 02236 TOPSOIL PART1 GENERAL 1.01 SECTION INCLUDES A. This work consists of delivering topsoil to the site. It shall include the placing of topsoil in approved stockpiles. 1.02 RELATED SECTIONS A. Section 02230 — Clearing and Grubbing B. Section 02315 — Excavation and Embankment PART PRODUCTS 2.01 MATERIALS A. Topsoil shall consist of loose friable loam free of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, hard clods, toxic substances, or other material which would be detrimental to its use on the project. Topsoil shall consist of hauled material from off -site sources. PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. Topsoil shall be delivered to the site and place in approved stockpile locations. B. No soil stockpile shall exceed ten (10) feet in height. All soil stockpiles shall be protected from sediment transport by surface roughening, watering, and perimeter silt fencing. Any soil stockpile remaining after 30 days shall be seeded and mulched. END OF SECTION LPATH Berm Erosion 02236-1 Topsoil Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 02236-2 Topsoil Protection Measures SECTION 02240 WATER CONTROL AND DEWATERING PART1 GENERAL 1.01 SECTION INCLUDES A. The work of this section consists of controlling groundwater, site drainage, and storm flows during construction. The CONTRACTOR is cautioned that the work involves construction in and around drainage channels, local streams or rivers, and areas of local drainage. These areas are subject to frequent periodic inundation. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Embankments PART2 PRODUCTS 2.01 MATERIALS A. On -site materials may be used within the limits of construction to construct temporary dams and berms. The materials such as plastic sheeting, sand bags, and storm sewer pipe may also be used if desired by the CONTRACTOR. PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. General: For all excavation, the CONTRACTOR shall provide suitable equipment and labor to remove water, and he shall keep the excavation dewatered so that construction can be carried on under dewatered conditions where required by the Drawings and Specifications. Water control shall be accomplished such that no damage is done to adjacent channel banks or structures. The CONTRACTOR is responsible for investigating and familiarizing himself with all site conditions that may affect the work including surface water, level of groundwater and the time of year the work is to be done. All excavations made as part of dewatering operations shall be backfilled with the same type material as was removed and compacted to 95% of Maximum Standard Proctor Density (ASTM D698) except where replacement by other materials and/or methods are required. The cost for this excavation and backfilling shall be included in the Construction Dewatering bid item. The CONTRACTOR shall conduct his operation in such a manner that storm or other waters may proceed uninterrupted along their existing drainage courses. By submitting a bid, the CONTRACTOR acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and assumes all of said risk. At no time during construction shall the CONTRACTOR affect existing surface or subsurface drainage patterns of adjacent property. Any damage to adjacent property resulting from the CONTRACTOR's alteration of surface or subsurface drainage patterns shall be repaired by the CONTRACTOR at no additional cost to the OWNER. CONTRACTOR shall remove all temporary water control facilities when they are no longer needed or at the completion of the project. LPATH Berm Erosion 02240-1 Water Control and Dewatering Protection Measures Pumps and generators used for dewatering and water control shall be quiet equipment enclosed in sound deadening devices. B. Surface Water Control: Surface water control generally falls in to the following categories: Normal low flows along the channel; 2. Storm/flood flows along the channel; 3. Flows from existing storm drain pipelines; and, 4. Local surface inflows not conveyed by pipelines. The CONTRACTOR shall coordinate, evaluate, design, construct, and maintain temporary water conveyance systems. These systems shall not worsen flooding, alter major flow paths, or worsen flow characteristics during construction. The CONTRACTOR is responsible to ensure that any such worsening of flooding does not occur. The CONTRACTOR is solely responsible for determining the methods and adequacy of water control measures. At a minimum, the CONTRACTOR will be responsible for diverting the quantity of surface flow around the construction area so that the excavations will remain free of surface water for the time it takes to install these materials, and the time required for curing of any concrete or grout. The CONTRACTOR is cautioned that the minimum quantity of water to be diverted is for erosion control and construction purposes and not for general protection of the construction -site. It shall be the CONTRACTOR's responsibility to determine the quantity of water which shall be diverted to protect his work from damage caused by storm water. The CONTRACTOR shall, at all times, maintain a flow path for all channels. Temporary structures such as berms, sandbags, pipeline diversions, etc., may be permitted for the control of channel flow, as long as such measures are not a major obstruction to flood flows, do not worsen flooding, or alter historic flow routes. C. Groundwater Control: The CONTRACTOR shall install adequate measures to maintain the level of groundwater below the foundation subgrade elevation and maintain sufficient bearing capacity for all structures, pipelines, earthwork, and rock work. Such measures may include, but are not limited to, installation of perimeter subdrains, pumping from drilled holes or by pumping from sumps excavated below the subgrade elevation. The foundation bearing surfaces are to be kept dewatered and stable until the structures or other types of work are complete and backfilled. Disturbance of foundation subgrade by CONTRACTOR operations shall not be considered as originally unsuitable foundation subgrade and shall be repaired at CONTRACTOR's expense. Any temporary dewatering trenches or well points shall be restored following dewatering operations to reduce permeability in those areas as approved by the ENGINEER. CONTRACTOR is to restore any areas disturbed by the dewatering operations to their original condition. LPATH Berm Erosion 02240-2 Water Control and Dewatering Protection Measures D. Contaminated Groundwater Control: CONTRACTOR shall not discharge contaminated water exceeding local, State and/or Federal limits to above ground channels or watercourses. END OF SECTION LPATH Berm Erosion 02240-3 Water Control and Dewatering Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 02240-4 Water Control and Dewatering Protection Measures SECTION 02315 EXCAVATION AND EMBANKMENT PART GENERAL 1.01 SECTION INCLUDES A. This work shall consist of excavation, embankment fill, disposal of excess material, shaping, and compaction of all material encountered within the limits of work, including excavation and backfill for structures. The excavation shall include, but is not limited to, the native soils which must be excavated for the project work. All work shall be completed in accordance with these Specifications and the lines and grades on the Drawings. 1.02 DEFINITIONS A. Unclassified Excavation shall consist of the excavation of all materials on site to final grades, excluding the bid items included in Section 02220. Excavation of unsuitable material will only be paid for if it is found to be unsuitable in its original state. B. Muck Excavation shall consist of the removal and disposal of mixtures of soils and organic matter not suitable for foundation material and replacement with approved material. Material damaged due to rain or weather will not be paid for as Muck excavation and is entirely the responsibility of the CONTRACTOR. C. Rock Excavation shall consist of igneous, metamorphic and sedimentary rock which cannot be excavated without the use of rippers, and all boulders or other detached stones each having a volume of 1/2 cubic yard or more, as determined by physical or visual measurement. It shall also include replacement with approved material as required. D. Embankment (Complete in Place): shall consist of placing all excavated material, except material being hauled and disposed, as embankment and compacted to final grades as specified in the Contract Documents and on the Drawings. 1.03 DESCRIPTION A. This work shall consist of excavation, disposal, placement, and compaction of all material encountered within the limits of the work, and not being completed under some other item, necessary for the construction of the project in accordance with the Specifications and the lines, grades, and typical cross -sections shown on the Drawings. All excavation will be classified, "unclassified excavation", or "muck excavation" or "rock excavation", as hereafter described. All embankment will be classified "embankment material" as hereafter described. 1.04 RELATED SECTIONS A. Section 02230 — Clearing and Grubbing B. Section 02240 — Water Control and Dewatering LPATH Berm Erosion 02315-1 Excavation and Embankment Protection Measures 1.05 QUALITY ASSURANCE A. Final topography and/or cross -sections will be surveyed of areas that are to finished grade and compared to the design section for accuracy. Final grade shall match design grades within the tolerances discussed in PART 3 EXECUTION. PART 2 PRODUCTS 2.01 MATERIALS A. Embankment material may consist of approved material acquired from excavations or material hauled from outside the project limits. Suitable material identified on -site shall be used first for embankments and backfill. Excess excavated native soils which are not used as embankment or backfill shall become the property of the CONTRACTOR and shall be disposed of off -site by the CONTRACTOR, in a location acceptable to the ENGINEER. B. Muck excavation encountered in all areas shall also include the replacement of excavated muck with uniformly graded rock, riprap, on -site or imported soils, or other material whichever is most suitable for the specific situation encountered. The ENGINEER will determine which type of aggregate or other material which shall be used after observing the specific site conditions. PART 3 EXECUTION 3.01 GENERAL EXCAVATION/EMBANKMENT A. General: The excavation and embankment for the project work shall be finished to reasonably smooth and uniform surfaces. Variation from the subgrade plane shall not be more than .08 feet in soil or more than .08 feet above or .50 below in rock. Where bituminous or concrete surfacing materials are to be placed directly on the subgrade, the subgrade plane shall not vary more than 0.04 feet. Materials shall not be wasted without permission of the ENGINEER. Excavation operations shall be conducted so that material outside of the limits of slopes will not be disturbed. Prior to beginning grading operations in any area, all necessary clearing and grubbing in that area shall have been performed in accordance with Section 02230 of these Specifications. When the CONTRACTOR's excavating operations encounter remains of pre -historic people's dwelling sites or artifacts of historical or archaeological significance. the operations, shall be temporarily discontinued. The ENGINEER will contact archaeological authorities to determine the disposition thereof. When directed, the CONTRACTOR shall excavate the site in such a manner as to preserve the artifacts encountered and shall remove them for delivery to the custody of the proper state authorities. Such excavation will be considered and paid for as extra work. B. Excavation: Unclassified: All excess suitable material excavated from the project site and not used for embankment shall be removed from the project site and become the property of the CONTRACTOR. Where material encountered LPATH Berm Erosion 02315-2 Excavation and Embankment Protection Measures within the limit of the work is considered unsuitable for embankment (fills) on any portion of this project work, such material shall be excavated as directed by the ENGINEER and replaced with suitable fill material. All unsuitable excavated material from excavation consisting of any type of debris (surface or buried), excavated rock, bedrock or rocks larger than 6 inches in diameter and boulders shall be hauled from the project site and disposed of. Debris is defined as "anything that is not earth which exists at the job site". 2. Muck: Where excavation to the finished grade section results in a subgrade or slopes of unsuitable soil, the ENGINEER may require the CONTRACTOR to remove the unsuitable materials and backfill to the finished graded section with approved material. Disposal of the material shall be at the CONTRACTOR's expense. Good surface drainage shall be provided around all permanent cuts to direct surface runoff away from the cut face. 3. Rock: Unless otherwise specified, rock shall be excavated to a minimum depth of 0.5 feet below subgrade within the limits of the channel area, and the excavation shall be backfilled with material shown on the Drawings or as designated by the ENGINEER. Disposal of material and replacement with suitable approved material shall be at the CONTRACTOR's expense. C. Embankment Construction: Embankment construction shall consist of constructing all fill areas, including preparation of the areas upon which they are to be placed, and the placing and compacting of embankment material in holes, pits and other depressions within the project area. Only approved materials shall be used in the construction of embankments and backfills. Approved materials shall consist of clean on -site cohesive soils or approved imported soils. On -site cohesive soils are suitable for use as compacted fill provided the following recommendations are met: Percent Finer by Weight Gradation (ASTM C136) /z-Inch 100 3/8-Inch 70 — 100 No. 4 Sieve 50 — 100 No. 200 Sieve 60 (min) • Liquid Limit 35 (max) • Plasticity Index 20 (max) • In -Situ Coefficient of Permeability 1xIV, cm/sec Excavation and Embankment will only be paid when a significant change in grade is required, as determined by the ENGINEER. Minor cuts and fills will be considered incidental to the work, and will not be paid for separately under this section. LPATH Berm Erosion 02315-3 Excavation and Embankment Protection Measures 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 12/03 Section 00100 Page 9 On -site cohesive soils or imported soils should be placed and compacted in horizontal lifts, using equipment and procedures that will produce recommended moisture contents and densities throughout the lift and embankment height. On -site or imported cohesive soils should be compacted within a moisture content range of 2% below, to 2% above optimum moisture content and compacted to 95% of the Maximum Standard Proctor Density (ASTM D698). When embankment is to be placed and compacted on hillsides, or when new embankment is to be compacted against existing embankments, or when embankment is built 1/2 width at a time, the slopes that are steeper than 4:1 when measured longitudinally or at right angles to the adjacent ground shall be continuously benched over those areas where it is required as the work is brought up in layers. Benching shall be well keyed and where practical a minimum of 8 feet. Each horizontal cut shall begin at the intersection of the original ground and the vertical sides of the previous cuts. Material thus cut out shall be recompacted along with the new embankment material at the CONTRACTOR's expense. The ground surface underlying all fills shall be carefully prepared by removing all organic matter, scarification to a depth of 8 inches and recompacting to 95% of the Maximum Standard Proctor Density (ASTM D698) at optimum moisture content + or - 2% prior to fill placement. Embankment material shall be placed in horizontal layers not exceeding 8 inches (loose measurement) and shall be compacted to 95% of the Maximum Standard Proctor Density (ASTM D698) at optimum moisture content + or - 2%. Effective spreading equipment shall be used on each lift to obtain uniform thickness prior to compacting. As the compaction of each layer progresses, continuous leveling and manipulating will be required to assure uniform density. For embankments which serve as berms, the downstream portion shall be "keyed" into the subsurface soils a minimum of 3 feet to enhance the stability of the slope. Materials which are removed from excavations beneath the water table may be over the optimum moisture content and will require that they be dried out prior to reusing them. Cross hauling or other action as appropriate will be ordered when necessary to insure that the best available material is placed in critical areas of embankments, including the top 2 feet of all embankments. No additional payment will be made for cross hauling ordered by the ENGINEER. Frozen materials shall not be used in construction of embankments. During the construction of channels, the channel bottom shall be maintained in such condition that it will be well drained at all times. Excavation or Embankment (Fill), and Structural Backtill work either completed or in a stage of completion that is either eroded or washed away or becomes unstable due to either rains, snow, snow melt, channel flows or lack of proper water control shall be either removed and replaced, recompacted or reshaped as directed by the LPATH Berm Erosion 02315-4 Excavation and Embankment Protection Measures ENGINEER and in accordance with the Drawings and Specifications at the CONTRACTOR's sole expense. Removed unsuitable materials shall be hauled away and disposed of at the CONTRACTOR's expense. Placing of replacement materials for removed unsuitable materials shall be purchased, placed and compacted at the CONTRACTOR' expense. D. Proof rolling with a heavy rubber tired roller will be required, if designated on the Drawings or when ordered by the ENGINEER. Proof rolling shall be done after specified compaction has been obtained. Areas found to be weak and those areas which failed shall be ripped, scarified, wetted if necessary, and recompacted to the requirements for density and moisture at the CONTRACTOR's expense. Proof rolling shall be done with equipment and in a manner acceptable to the ENGINEER. Proof rolling as shown on the Drawings or as ordered by the ENGINEER shall not be measured and paid for separately, but shall be included in the unit prices bid for the work. 3.02 EXCAVATION AND BACKFILL FOR STRUCTURES A. Poor foundation material for any of the work shall be removed, by the CONTRACTOR, as directed by the ENGINEER. The CONTRACTOR will be compensated for removal and replacement of such materials in accordance with Muck Excavation. The CONTRACTOR is cautioned that construction equipment may cause the natural soils to pump or deform while performing excavation work inside and on footings, structural floor slabs, or other structure foundation areas. Foundation materials which are: a) saturated by either surface or subsurface flows due to the lack of adequate water control or dewatering work by the CONTRACTOR; b) frozen for any reason; or, c) that are disturbed by the CONTRACTOR's work or caused to become unacceptable for foundation material purposes by means of the CONTRACTOR's equipment, manpower, or methods of work shall be removed and replaced by the CONTRACTOR at his expense. Dewatering should not be conducted by pumping from inside footing, structural floor slab, or other structure foundation limits. This may decrease the supporting capacity of the soils. Care should be taken when excavating the foundations to avoid disturbing the supporting materials. Excavation by either hand or careful backhoe soil removal, may be required in excavating the last few inches of material to obtain the subgrade of any item of the concrete work. Any over -excavated subgrades that are due to the CONTRACTOR's actions, shall be brought back to subgrade elevations by the CONTRACTOR and at his expense in the following manner: LPATH Berm Erosion 02315-5 Excavation and Embankment Protection Measures For over -excavations of 2 inches or less, either: Backfill and compact with an approved granular materials; backfill with 1/2 inch crushed rock; or fill within concrete at the time of the appurtenant structure concrete pour. 2. For over -excavations greater than 2 inches, backfill and compact with an approved granular material. All granular footings, structural floor slabs, or other structure areas shall be compacted with a vibratory plate compactor prior to placement of concrete, reinforcing, or bedding materials. B. Backfill, and fill within 2 feet of and adjacent to all structures and for full height of the walls, shall be selected non -swelling material. It shall be granular, well graded, and free from stones larger than 3 inches. Material may be job excavated, but selectivity will be required as determined by the ENGINEER. Refer to the Drawings for job specific requirements. Stockpiled material, other than topsoil from the excavation shall be used for backfilling unless an impervious structural backfill is specified. The backfill material shall consist of either clean on -site granular materials free of stones larger than 3 inches in diameter with no more than 20% passing the No. 200 sieve, or equivalent imported materials. All backfill around the structures shall be consolidated by mechanical tamping. The material shall be placed in 8-inch loose lifts within a range of 2% above to 2% below the optimum moisture content and compacted to 95% of Maximum Standard Proctor Density (ASTM D698) for cohesive soils, or to 70% relative density for pervious material as determined by the relative density of cohesionless soils test, ASTM D4253. When specified on the Drawings or as required by the ENGINEER, Class I structural backfill shall meet the following gradation requirements: % by Weight Passing Sieve Size Square Mesh Sieves 2-Inch 100 No. 4 30 - 100 No. 50 10 — 60 No. 200 5 — 20 In addition, this material shall have a liquid limit not exceeding 35 and a plasticity index of not over 6. END OF SECTION LPATH Berm Erosion 02315-6 Excavation and Embankment Protection Measures SECTION 02370 EROSION AND SEDIMENT CONTROL PART GENERAL 1.01 SECTION INCLUDES A. This work shall consist of temporary measures needed to control erosion and water pollution. These temporary measures shall include, but not be limited to, berms, dikes, dams, sediment basins, fiber mats, netting, gravel, mulches, grasses, slope drains and other erosion control devices or methods. These temporary measures shall be installed at the locations where needed to control erosion and water pollution during the construction of the project, and as directed by the ENGINEER, and as shown on the Drawings. B. The erosion control measures presented in the Drawings serves as a minimum for the requirements of erosion control during construction. The CONTRACTOR has the ultimate responsibility for providing adequate erosion control and water quality throughout the duration of the project. Therefore, if the provided plan is not working sufficiently to protect the project areas, then the CONTRACTOR shall provide additional measures as required to obtain the required protection. The CONTRACTOR shall include in his bid price for erosion control a minimum of all items shown on the Erosion Control Plan and any additional items that may be needed to control erosion and water pollution. 1.02 RELATED SECTIONS A. Section 02240 — Water Control and Dewatering 1.03 SUBMITTALS A. Construction schedule for Erosion Control per subsection 3.01 B. Sequencing Plan per subsection 3.12 PART PRODUCTS 2.01 MATERIALS A. Materials may include hay bales, straw, fiber mats, fiber netting, wood cellulose, fiber fabric, gravel and other suitable materials, and shall be reasonably clean, free of deleterious materials, and certified weed free. All materials shall be submitted for approval prior to installation. B. Temporary grass cover (if required) shall be a quick growing species suitable to the area, which will provide temporary cover and will not later compete with the grasses sown for permanent cover. All grass seed shall be approved by the ENGINEER prior to installation. C. Fertilizer and soil conditioners shall be approved by the ENGINEER prior to installation. LPATH Berm Erosion 02370-1 Erosion and Sediment Control Protection Measures PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. When so indicated in the Contract Documents, or when directed by the ENGINEER, the CONTRACTOR shall prepare construction schedules for accomplishing temporary erosion control work. These schedules shall be applicable to clearing and grubbing, grading, structural work, construction, etc. He shall also submit for acceptance his proposed method of erosion control on haul roads and borrow pits and his plan for disposal of waste material. Work shall not be started until the erosion control schedules and methods of operations have been accepted. B. The CONTRACTOR will be required to incorporate all permanent erosion control features into the project at the earliest practicable time as outlined in his accepted schedule. Temporary erosion control measures will then be used to correct conditions that develop during construction. C. The erosion control features installed by the CONTRACTOR shall be adequately maintained by him until the project is accepted. D. In the event of conflict between these requirements and erosion and pollution control laws, rules, or regulations of other Federal, State or local agencies, the more restrictive laws, rules, or regulations shall apply. 3.02 PERMITS AND COMPLIANCE A. The CONTRACTOR must apply for and obtain a Construction Dewatering Permit 402 from the Colorado Department of Public Health and Environment. All costs for this permit shall be the responsibility of the CONTRACTOR. This permit requires that specific actions be performed at designated times. The CONTRACTOR is legally obligated to comply with all terms and conditions of the permit including testing for effluent limitations. The CONTRACTOR shall allow the Colorado Department of Public Health and Environment or other representatives to enter the site to test for compliance with the permit. Non compliance with the permit can result in stoppage of all work. The CONTRACTOR must apply for and obtain a State of Colorado Stormwater Discharge Permit. All costs for this permit shall be the responsibility of the CONTRACTOR. This permit requires that specific actions be performed at designated times. The CONTRACTOR is legally obligated to comply with all terms and conditions of the permit. Non compliance with the permit can result in stoppage of all work. In addition to permit requirements, the OWNER shall also monitor the CONTRACTOR's erosion control and work methods. If the overall function and intent of erosion control is not being met, then the OWNER shall require the CONTRACTOR to provide additional measures as required to obtain the desired results. Costs for any additional erosion control measures shall be the responsibility of the CONTRACTOR, since he has the ultimate responsibility for providing adequate erosion control and water quality for the duration of the project. LPATH Berm Erosion 02370-2 Erosion and Sediment Control Protection Measures 3.03 STABILIZATION OF DISTURBED AREAS A. Temporary sediment control measures shall be established within 5 days from time of exposure/disturbance. Permanent erosion protection measures shall be established within 5 days after final grading of areas. 3.04 PROTECTION OF ADJACENT PROPERTIES A. Properties adjacent to the site of a land disturbance shall be protected from sediment deposition. In addition to the erosion control measures required on the Drawings, perimeter controls may be required if damage to adjacent properties is likely. Perimeter controls include, but are not limited to, a vegetated buffer strip around the lower perimeter of the land disturbance, sediment barriers such as straw bales and silt fences; sediment basins; or a combination of such measures. Vegetated buffer strips may be used only where runoff in sheet flow is expected and should be at least 20 feet in width. 3.05 TIMING AND STABILIZATION OF SEDMENT AND EROSION CONTROL MEASURES A. Sediment barriers, perimeter dikes, and other measures intended to either trap sediment or prevent runoff from flowing over disturbed areas must be constructed as a first step in grading and be made functional before land disturbance takes place. Earthen structures such as dams, dikes, and diversions must be stabilized within 5 days of installation. Stormwater outlets must also be stabilized prior to any upstream land disturbing activities. 3.06 STABILIZATION OF WATERWAYS AND OUTLETS A. All on -site stormwater conveyance channels used by the CONTRACTOR for temporary erosion control purposes shall be designed and constructed with adequate capacity and protection to prevent erosion during storm and runoff events. Stabilization adequate to prevent erosion shall also be provided at the outlets of all pipes and channels. 3.07 STORM SEWER INLET PROTECTION A. All storm sewer inlets which are made operable during construction or which drain stormwater runoff from a construction site shall be protected from sediment deposition by the use of filters. 3.08 WORKING IN OR CROSSING WATERCOURSES AND WETLANDS A. Construction vehicles should be kept out of watercourses to the extent possible. Where in -channel work is necessary, precautions must be taken to stabilize the work area during construction to minimize erosion. The channel (including bed and banks) must always be restabilized immediately after in -channel work is completed. B. Where a live (wet) watercourse must be crossed by construction vehicles during construction, a temporary crossing must be provided for this purpose. If the crossing involves a pipe or other type of conduit placed in the watercourse, the pipe shall be sized to allow unrestricted passage of all flows anticipated to be carried by the LPATH Berm Erosion 02370-3 Erosion and Sediment Control Protection Measures watercourse. Likewise, installation of a span -type crossing across the watercourse shall be placed so no restriction of anticipated flows occur. 3.09 CONSTRUCTION ACCESS ROUTES A. Wherever construction vehicles enter or leave a construction site, a stabilized construction entrance and Tracking Pad are required. Where sediment is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a sediment controlled disposal area. Street washing shall be allowed only after sediment is removed in this manner. 3.10 DISPOSITION OF TEMPORARY MEASURES A. All temporary erosion and sediment control measures shall be disposed of within 30 days after final site stabilization is achieved or after the temporary measures are no longer needed as determined by the OWNER. Trapped sediment and other disturbed soil areas resulting from the disposition of temporary measures shall be permanently stabilized to prevent further erosion. 3.11 MAINTENANCE A. All temporary and permanent erosion and sediment control practices must be maintained and repaired as needed to assure continued performance of their intended function. 3.12 SEQUENCING A. The CONTRACTOR shall submit a sequencing plan for approval for erosion control in conformance with his overall Construction Plan for approval by the OWNER. Changes to the Erosion Control Sequencing Plan may be considered by the OWNER only if presented in writing by the CONTRACTOR. 3.13 SUBSTANTIAL COMPLETION OF EROSION CONTROL MEASURES A. At the time specified in the Contract Documents, and subject to compliance with specified materials and installation requirements, the CONTRACTOR will receive a Substantial Completion Certificate for temporary erosion control measures. 3.14 MAINTENANCE OF EROSION CONTROL MEASURES AFTER SUBSTANTIAL COMPLETION A. The CONTRACTOR will be responsible for maintaining temporary erosion control measures as specified in the Drawings and Contract Documents until such time as the disturbed drainage area has stabilized as determined by the ENGINEER and the OWNER. 3.15 FINAL COMPLETION AND ACCEPTANCE OF EROSION CONTROL MEASURES A. After the ENGINEER and OWNER have determined that the drainage area has stabilized, the CONTRACTOR shall remove all remaining temporary erosion control LPATH Berm Erosion 02370-4 Erosion and Sediment Control Protection Measures measures. Any damage to the site shall be repaired to the satisfaction of the ENGINEER and at no cost to the OWNER. END OF SECTION LPATH Berm Erosion 02370-5 Erosion and Sediment Control Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 02370-6 Erosion and Sediment Control Protection Measures SECTION 02371 GEOTEXTILE FABRIC FOR CONCRETE BLOCK REVETMENT PART1 GENERAL 1.01 SECTION INCLUDES A. Geotextile to prevent soil loss resulting in excessive scour and to prevent hydraulic uplift pressures causing instability of energy absorbing armor permanent erosion control system. This specification does not apply to other types of geosynthetic soil erosion control materials such as turf reinforcement mats. 1.02 RELATED SECTIONS A. Section 02700 — Concrete Block Revetment 1.03 REFERENCES A. AASHTO Standards: 1. T88 - Particle Size Analysis of Soils 2. T90 - Determining the Plastic Limit and Plasticity Index of Soils 3. T99 - The Moisture -Density Relations of Soils Using a 5.51b (2.5 kg) Rammer and a 12in (305 mm) Drop. 4. M288-96 - Geotextile Specification for Highway Applications B. American Society for Testing and Materials (ASTM): l . D 123 - Standard Terminology Relating to Textiles 2. D 276 - Test Method for Identification of Fibers in Textiles 3. D 3786 - Standard Test Method for Hydraulic Bursting Strength of Knitted Goods and Nonwoven Fabrics 4. D 4354 - Practice for Sampling of Geosynthetics for Testing 5. D 4355 - Test Method for Deterioration of Geotextiles from Exposure to Ultraviolet Light and Water (Xenon -Arc Type Apparatus) 6. D 4439 - Terminology for Geotextiles 7. D 4491 - Test Methods for Water Permeability of Geotextiles by Permittivity 8. D 4533 - Test Method for Index Trapezoid Tearing Strength of Geotextiles 9. D 4595 - Test Method for Tensile Properties of Geotextiles by the Wide - Width Strip Method LPATH Berm Erosion 02371-1 Geotextile Fabric for Concrete Protection Measures Block Revetment 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 DIVISION 1 - GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01140 CONTRACTOR'S USE OF PREMISES 01145 SPECIAL PROJECT PROCEDURES 01180 UTILITY SOURCES 01270 MEASUREMENT AND PAYMENT SECTION 00300 BID FORM 10. D 4632 - Test Method for Grab Breaking Load and Elongation of Geotextiles 11. D 4751 - Test Method for Determining Apparent Opening Size of a Geotextile 12. D 4759 - Practice for Determining the Specification Conformance of Geosynthetics 13. D 4833 - Test Method for Index Puncture Resistance of Geotextiles, Geomembranes, and Related Products 14. D 4873 - Guide for Identification, Storage, and Handling of Geotextiles 15. D 5141 - Test Method to Determine Filtering Efficiency and Flow Rate for Silt Fence Applications Using Site Specific Soils C. Texas Department of Transportation, Manual of Testing Procedures: l . TEX 616-J - Asphalt Retention and Potential Change of Area D. Federal Highway Administration (FHWA) - Geosynthetic Design and Construction Guidelines, Publication No. FHWA HI-95-038, May 1995. E. American Association for Laboratory Accreditation (A21-A). F. Geosynthetic Accreditation Institute (GAI) - Laboratory Accreditation Program (LAP). G. National Transportation Product Evaluation Program (NTPEP). 1.04 DEFINITIONS A. Minimum Average Roll Value (MARV): Property value calculated as typical minus two standard deviations. Statistically, it yields a 97.7 percent degree of confidence that any sample taken during quality assurance testing will exceed value reported. 1.05 SUBMITTALS A. Submit the following: 1. Certification: The contractor shall provide to the Engineer a certificate stating the name of the manufacturer, product name, style number, chemical composition of the filaments or yarns and other pertinent information to fully describe the geotextile. The Certification shall state that the furnished geotextile meets MARV requirements of the specification as evaluated under the Manufacturer's quality control program. The Certification shall be attested to by a person having legal authority to bind the Manufacturer. LPATH Berm Erosion 02371-2 Geotextile Fabric for Concrete Protection Measures Block Revetment 1.06 QUALITY ASSURANCE A. Manufacturer Qualifications: Geosynthetic Accreditation Institute (GAI)- Laboratory Accreditation Program (LAP) 2. American Association for Laboratory Accreditation (A2LA) 1.07 DELIVERY, STORAGE, AND HANDLING A. Geotextiles labeling, shipment, and storage shall follow ASTM D 4873. Product labels shall clearly show the manufacturer or supplier name, style name, and roll number. B. Each geotextile roll shall be wrapped with a material that will protect the geotextile from damage due to shipment, water, sunlight, and contaminants. C. During storage, geotextile rolls shall be elevated off the ground and adequately covered to protect them from the following: site construction damage, precipitation, extended ultraviolet radiation including sunlight, chemicals that are strong acids or strong bases, flames including welding sparks, excess temperatures, and any other environmental conditions that may damage the physical property values of the geotextile. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Mirafi Construction Products or approved equal 365 South Holland Drive Pendergrass, GA, USA 30567 1-888-795-0808 1-706-693-2226 1-706-693-2083,fax www.mirafi.com or approved equal 2.02 MATERIALS A. Geotextile: 2 LPATH Berm Erosion Protection Measures The geotextile shall be manufactured with fibers consisting of long -chain synthetic polymers composed of at least 95 percent by weight of polyolefins or polyesters. They shall form a stable network such that the filaments or yarns retain their dimensional stability relative to each other, including selvages. Woven slit film geotextiles (i.e., geotextiles made from yarns of a flat, tape- like character) shall not be allowed. 02371-3 Geotextile Fabric for Concrete Block Revetment 2.03 3. The geotextile shall meet the requirements of Table 1. All numeric values in Table 1 except AOS represent MARV in the weakest principal direction. Values for AOS represent maximum average roll values. Table 1 - Permanent Erosion Control Geotextile Property Test Method Units Elongation < 50% Grab Tensile Strength ASTM D 4632 N (lbs) 1100(247) Sewn Seam Strength' ASTM D 4632 N lbs 990(222) Tear Strength' ASTM D 4533 N Ibs 400 90 Puncture Strength ASTM D 4833 N Ibs 400(90) Burst Strength ASTM D 3786 kPa (psi) 2700 (391) Permittivity ASTM D 4991 sec" 0.7 Apparent Opening Size ASTM D 4751 mm (U.S. I Sieve 0.43 max (40) Ultraviolet 'Stability ASTM D 4355 1 % 50 A measured in accordance with ASTM D 4632 Z When sewn seams are required. 3 The required MARV Tear Strength for woven monofilament geotextiles is 250 N (56 Ibs) 4After 500 hrs 4. Approved geotextiles are as follows: Elongation < 50%: Mirafi Filterweave 400 QUALITY CONTROL A. Manufacturing Quality Control: Testing shall be performed at a laboratory accredited by GAI-LAP and A2LA for tests required for the geotextile, at frequency meeting or exceeding ASTM D 4354. B. Geotextile properties, other than Sewn Seam Strength, Burst Strength, and Ultraviolet Stability shall be tested by NTPEP to verify conformance with this specification. C. Sewn Seam Strength shall be verified based on testing of either conformance samples obtained using Procedure A of ASTM D 4354, or based on manufacturer's certifications and testing of quality assurance samples obtained using Procedure B of ASTM D 4354. A lot size for conformance or quality assurance sampling shall be considered to be the shipment quantity of the given product or a truckload of the given product, whichever is smaller. D. Ultraviolet Stability shall be verified by an independent laboratory on the geotextile or a geotextile of similar construction and yarn type. PART 3 EXECUTION 3.01 PREPARATION A. The installation site shall be prepared by clearing, grubbing, and excavation or filling the area to the design grade. This includes removal of topsoil and vegetation. LPATH Berm Erosion 02371-4 Geotextile Fabric for Concrete Protection Measures Block Revetment 3.02 INSTALLATION A. The geotextile shall be placed in intimate contact with the soils without wrinkles or folds and anchored on a smooth graded surface approved by the Engineer. The geotextile shall be placed in such a manner that placement of the overlying materials will not excessively stretch so as to tear the geotextile. Anchoring of the terminal ends of the geotextile shall be accomplished through the use of key trenches or aprons at the crest and toe of the slope. B. The geotextile shall be placed with the machine direction parallel to the direction of water flow which is normally parallel to the slope for erosion control runoff and wave action, and parallel to the stream or channel in the case of streambank and channel protection. Adjacent geotextile sheets shall be joined by either sewing or overlapping. Overlapped seams of roll ends shall be a minimum of 300 mm (12 in) except where placed under water. In such instances the overlap shall be a minimum of 1 m (3.28 ft). Overlaps of adjacent rolls shall be a minimum of 300 mm (12 in) in all instances. C. When overlapping, successive sheets of the geotextile shall be overlapped upstream over downstream, and/or upslope over downslope. In cases where wave action or multidirectional flow is anticipated, all seams perpendicular to the direction of flow shall be sewn. D. Care shall be taken during installation so as to avoid damage occurring to the geotextile as a result of the installation process. Should the geotextile be damaged during installation, a geotextile patch shall be placed over the damaged area extending 1 m (3.28 ft) beyond the perimeter of the damage. E. The armor system placement shall begin at the toe and proceed up the slope. Placement shall take place so as to avoid stretching and subsequent tearing of the geotextile. Riprap and heavy stone filling shall not be dropped from a height of more than 300 mm (12 in). Stone with a mass of more than 100 kg (220 lbm) shall not be allowed to roll down the slope. F. Slope protection and smaller sizes of stone filling shall not be dropped from a height exceeding I m (3.28 ft), or a demonstration provided showing that the placement procedures will not damage the geotextile. In underwater applications, the geotextile and backfill material shall be placed the same day. All void spaces in the armor stone shall be backfilled with small stone to ensure full coverage. G. Following placement of the armor stone, grading of the slope shall not be permitted if . the grading results in movement of the stone directly above the geotextile. H. Field monitoring shall be performed to verify that the armor system placement does not damage the geotextile. I. Any geotextile damaged during backfill placement shall be replaced as directed by the Engineer, at the contractor's expense. END OF SECTION LPATH Berm Erosion 02371-5 Geotextile Fabric for Concrete Protection Measures Block Revetment THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 02371-6 Geotextile Fabric for Concrete Protection Measures Block Revetment SECTION 02375 RIPRAP PART1 GENERAL 1.01 SECTION INCLUDES A. The work of this section shall include excavation, grading and installation of all riprap, and bedding placed at the locations shown on the Drawings. The materials to be used for the construction of such structures shall be as specified herein. 1.02 RELATED SECTIONS A. Section 02240 — Water Control and Dewatering B. Section 02315 — Excavation and Embankment 1.03 SUBMITTALS A. The CONTRACTOR shall cooperate with the ENGINEER in obtaining and providing samples of all specified materials. The CONTRACTOR shall submit certified laboratory test certificates for all items required in this section. PART PRODUCTS 2.01 MATERIALS A. Riprap: Riprap used shall be the type designated on the Drawings and shall conform to the following: Riprap Designation % Smaller Than Given Intermediate Rock d50 * Size By Weight Dimension (Inches) (inches) Type VL (Class 6) 70- 100 12 6 50- 70 9 35 - 50 6 2- 10 2 Type L (Class 9) 70- 100 15 9 50- 70 12 35 - 50 9 2- 10 3 Type M (Class 12) 70- 100 21 12 50- 70 18 35 - 50 12 2- 10 4 LPATH Berm Erosion 02375-1 Riprap Protection Measures Type H (Class 18) 70- 100 30 18 50- 70 24 35 - 50 18 2' 10 6 Type VH (Class 24) 70- 100 42 24 50- 70 33 35 - 50 24 2- 10 9 a50 = Mean Particle Size The riprap designation and total thickness of riprap shall be as shown on the Drawings. The maximum stone size shall not be larger than the thickness of the riprap. 2. The specific gravity of the riprap shall be 2.65 or greater. 3. Neither width nor thickness of a single stone of riprap shall be less than 1/3 of its length. 4. Broken concrete or asphalt pavement shall not be acceptable for use in the work. Rounded riprap (river rock) is not acceptable unless specifically designated on the Drawings. 5. The color of the riprap shall be as approved by the OWNER prior to delivery to the project site. Color shall be consistent on the entire project and shall match the color of rock to be used for all other portions of the work. Color required for this project shall be green -gray rock. 6. Minimum density for acceptable riprap shall be 165 pounds per cubic foot. The specific gravity shall be according to the bulk -saturated, surface -dry basis, AASHTO T85. 7. The riprap shall have a percentage loss of not more than 40 percent after 500 revolutions when tested in the Los Angeles machine in accordance with AASHTO Test T96. 8. The riprap shall have a percentage loss of not more than 10 percent after 5 cycles when tested in accordance with AASHTO Test T104 for ledge rock using sodium sulfate. 9. The riprap shall have a percentage loss of not more than 10 percent after 12 cycles of freezing and thawing when tested in accordance with AASHTO Test T103 for ledge rock, procedure A. 10. Rock shall be free of calcite intrusions. 11. Each load of riprap shall be reasonably well graded from the smallest to the largest size specified. Stones smaller than the 2-10 percent size will not be permitted in an amount exceeding 10 percent by weight of each load. LPATH Berm Erosion 02375-2 Riprap Protection Measures Control of gradation will be by visual inspection. However in the event the ENGINEER determines the riprap to be unacceptable, the ENGINEER will pick 2 random truck loads to be dumped and checked for gradation. Mechanical equipment and labor needed to assist in checking gradation shall be provided by the CONTRACTOR at no additional cost. B. Bedding: Gradation for Granular Bedding U.S. Standard Percent by Weight Passing Square Mesh Sieves Sieve Size Type I Type 11 3 Inch 90 - 100 1-% Inch '/< Inch 20 - 90 3/8 Inch 100 No. 4 95 — 100 0 - 20 No. 16 45 - 80 No. 50 10 - 30 No. 100 2- 10 No. 200 0 - 2 0 - 3 Granular bedding designation and total thickness of bedding shall be as shown on the Drawings. Granular bedding shall meet the same requirements for specific gravity, absorption, abrasion, sodium sulfate soundness, and freeze -thaw durability as required for riprap and specified above. C. Geotextile Fabric: Where soil conditions dictate, geotextile fabric shall be placed directly on excavated slopes, channel beds, etc. prior to the placement of any riprap bedding or riprap. The extent and location of geotextile placement will be shown on the Drawings. Geotextile fabric shall be Trevira Sl 120 or approved equal under all riprap. PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. Channel slopes, bottoms, or other areas that are to be protected with riprap shall be free of brush, trees, stumps, and other objectionable material and be graded to a smooth compacted surface. The CONTRACTOR shall excavate areas to receive riprap to the subgrade for granular bedding. The subgrade for bedding materials shall be stable. If unsuitable materials are encountered, they shall be removed and replaced as Muck Excavation in accordance with Section 02315 of the Specifications. Unsuitable materials shall be disposed of from the site by the CONTRACTOR at his expense. After an acceptable subgrade for granular bedding material is established, the bedding shall be immediately placed and leveled to the subgrade elevation. Immediately following this, the riprap shall be placed. If bedding material is disturbed for any reason, it shall be replaced and graded at the CONTRACTOR's expense. In -place bedding materials shall not be contaminated with soils, debris or LPATH Berm Erosion 02375-3 Riprap Protection Measures vegetation before the riprap is placed. If contaminated, the bedding material shall be removed and replaced at the CONTRACTOR's expense. 3.02 PLACEMENT A. Following acceptable placement of geotextile fabric, granular bedding, riprap placement shall commence as follows: Machine Placed Riprap: Riprap shall be placed on the prepared slope or channel bottom areas in a manner which will produce a reasonably well - graded mass of stone with the minimum practicable percentage of voids. Riprap shall be machine placed, unless otherwise stipulated in the Drawings or Specifications. When riprap is placed on slopes, placement shall commence at the bottom of the slopes working up the slope. Place the riprap in a stepped fashion with the bottom of the uphill riprap below the top of the downhill riprap by half of the height of the riprap minimum. The entire mass of riprap shall be placed on either channel slopes or bottoms so as to be in conformance with the required gradation mixtures and to lines, grades, and thickness shown on the Drawings. Riprap shall be placed to its full course thickness at one operation and in such a manner as to avoid displacing the underlying bedding material. Placing of riprap in layers, or by dumping into chutes, or by similar methods shall not be permitted. All material going into riprap protection for channel slopes or bottoms shall be so placed and distributed that there will be no large accumulations of either the larger or smaller sizes of stone. Some hand placement may be required to achieve this distribution. It is the intent of these Specifications to produce a fairly compact riprap protection in which all sizes of material are placed in their proper proportions. Unless otherwise authorized by the ENGINEER, the riprap protection shall be placed in conjunction with the construction of embankments or channel bottoms with only sufficient delay in construction of the riprap protection, as may be necessary, to allow for proper construction of the portion of the embankment and channel bottom which is to be protected. The CONTRACTOR shall maintain the riprap protection until accepted. Any material displaced for any reason shall be replaced to the lines and grades shown on the Drawings at no' additional cost to the OWNER. If the bedding materials are removed or disturbed, such material shall be replaced prior to replacing the displaced riprap. 2. Hand Placed Riprap: Hand placed riprap shall be performed during machine placement of riprap and shall conform to all the requirements of Section 02375 PART 1 above. Hand placed riprap shall also be required when the depth of riprap is less than 2 times the nominal stone size, or when required by the Drawings or Specifications. After the riprap has been placed, hand placing or rearranging of individual stones by mechanical equipment shall be required to the extent necessary to LPATH Berm Erosion 02375-4 Riprap Protection Measures secure a flat uniform surface and the specified depth of riprap, to the lines and grades as shown on the Drawings. 3. Soil Replacement In and Over Riprap: Where riprap is designated to be buried, place onsite excavated material that is free from trash and organic matter in riprap voids by washing and rodding. Prevent excessive washing of material into stream. When voids are filled and the surface accepted by the ENGINEER, place a nominal 6 inches of soil over the area, or as designated on the Drawings. Fine grade, seed, and mulch per the Specifications. 4. Rejection of Work and Materials: The ENGINEER shall reject placed riprap which does not conform to this Section and the CONTRACTOR shall immediately remove and relay the riprap to conform with said sections. Riprap shall be rejected, which is either delivered to the job site or placed, that does not conform to this Section. Rejected riprap shall be removed from the project site by the CONTRACTOR and at his expense. 5. Geotextile fabric shalt be installed according to the manufacturer's specifications. Material proposed for use shall be submitted and approved by the ENGINEER prior to installation. END OF SECTION LPATH Berm Erosion 02375-5 Riprap Protection Measures SECTION 00300 BID FORM PROJECT: 5998 LPATH Berm Erosion Protection Measures Place Date 1. In compliance with your Invitation to Bid dated 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 detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) 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: 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. through THIS PAGE INTENTIONALLY BLANK. LPATH Berm Erosion 02375-6 Riprap Protection Measures SECTION 02376 CONCRETE RUBBLE PART1 GENERAL 1.01 SECTION INCLUDES A. The work of this section shall include excavation, grading and installation of all concrete rubble placed at the locations shown on the Drawings. The materials to be used for the construction of such structures shall be as specified herein. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Embankment B. Section 02371 — Geotextile fabric for Concrete Block revetment C. Section 02700 — Concrete Block Revetment System Specifications for Overtopping Applications 1.03 SUBMITTALS A. The CONTRACTOR shall cooperate with the ENGINEER in obtaining and providing samples of all specified materials. PART PRODUCTS 2.01 MATERIALS A. Concrete Rubble: Concrete Rubble used shall be the type designated on the Drawings and shall conform to the following: % Smaller Than Given Intermediate Dimension d50 * Size By Weight (Inches) (Inches) Concrete Rubble (4" to 50 - 100 8 6 8") 50 - 0 4 u50 — mean rarnae size 1. The concrete rubble designation and total thickness of concrete rubble shall be as shown on the Drawings. The maximum individual rubble size shall not be larger than the thickness of the concrete rubble layer. 2. Broken asphalt pavement shall not be acceptable for use in the work. Rounded river rock is not acceptable unless specifically designated on the Drawings. Concrete rubble shall be free from reinforcing steel bars or mats and debris LPATH Berm Erosion 02376-1 Concrete Rubble Protection Measures Control of gradation will be by visual inspection. However in the event the ENGINEER determines the concrete rubble to be unacceptable, the ENGINEER will pick 2 random truck loads to be dumped and checked for gradation. Mechanical equipment and labor needed to assist in checking gradation shall be provided by the CONTRACTOR at no additional cost. PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. Channel slopes, bottoms, or other areas that are to be filled with concrete rubble shall be free of brush, trees, stumps, and other objectionable material and be graded to a smooth compacted surface. The CONTRACTOR shall excavate areas to receive concrete rubble to the subgrade. The subgrade shall be stable. If unsuitable materials are encountered, they shall be removed and replaced as Muck Excavation in accordance with Section 02315 of the Specifications. Unsuitable materials shall be disposed of from the site by the CONTRACTOR at his expense. After an acceptable subgrade is established, the concrete rubble shall be placed. 3.02 PLACEMENT A. Following acceptable subgrade preparation, concrete rubble placement shall commence as follows: Machine Placed Concrete rubble: Concrete rubble shall be placed on the prepared slope or channel bottom areas in a manner which will produce a reasonably well -graded mass of rubble with the minimum practicable percentage of voids. Concrete rubble shall be machine placed, unless otherwise stipulated in the Drawings or Specifications. When concrete rubble is placed on slopes, placement shall commence at the bottom of the slopes working up the slope. Place the concrete rubble in a stepped fashion with the bottom of the uphill concrete rubble below the top of the downhill concrete rubble by half of the height of the concrete rubble minimum. The entire mass of concrete rubble shall be placed on either channel slopes or bottoms so as to be in conformance with the required gradation mixtures and to lines, grades, and thickness shown on the Drawings. Concrete rubble shall be placed to its full course thickness at one operation and in such a manner as to avoid displacing the underlying subgrade. Placing of concrete rubble in layers, or by dumping into chutes, or by similar methods shall not be permitted. All material going into concrete rubble protection for channel slopes or bottoms shall be so placed and distributed that there will be no large accumulations of either the larger or smaller sizes of rubble. Some hand placement may be required to achieve this distribution. It is the intent of these Specifications to produce a fairly compact concrete rubble protection in which all sizes of material are placed in their proper proportions. Unless otherwise authorized by the ENGINEER, the concrete LPATH Berm Erosion 02376-2 Concrete Rubble Protection Measures rubble protection shall be placed in conjunction with the construction of embankments or channel bottoms with only sufficient delay in construction of the concrete rubble protection, as may be necessary, to allow for proper construction of the portion of the embankment and channel bottom which is to be protected. The CONTRACTOR shall maintain the concrete rubble protection until accepted. Any material displaced for any reason shall be replaced to the lines and grades shown on the Drawings at no additional cost to the OWNER. 2. Hand Placed Concrete Rubble: Hand placed concrete rubble shall be performed during machine placement of concrete rubble and shall conform to all the requirements of Section 02376 Part 1 above. Hand placed concrete rubble shall also be required when the depth of concrete rubble is less than 2 times the nominal rubble size, or when required by the Drawings or Specifications. After the concrete rubble has been placed, hand placing or rearranging of individual stones by mechanical equipment shall be required to the extent necessary to secure a flat uniform surface and the specified depth of concrete rubble, to the lines and grades as shown on the Drawings. 3. Rejection of Work and Materials: The ENGINEER shall reject placed concrete rubble which does not conform to this Section and the CONTRACTOR shall immediately remove and relay the concrete rubble to conform with said sections. Concrete rubble shall be rejected, which is either delivered to the job site or placed, that does not conform to this Section. Rejected concrete rubble shall be removed from the project site by the CONTRACTOR and at his expense. END OF SECTION LPATH Berm Erosion 02376-3 Concrete Rubble Protection Measures THIS PAGE INTENTIONALLY BLANK. LPATH Berm Erosion 02376-4 Concrete Rubble Protection Measures SECTION 02700 CONCRETE BLOCK REVETMENT SYSTEM SPECIFICATION FOR OVERTOPPING APPLICATIONS PART1 GENERAL 1.01 SECTION INCLUDES A. The work to be performed includes all labor, materials, equipment, and incidentals required and perform all operations in connection with the installation of cellular concrete erosion control mats in accordance with the lines, grades, design and dimensions shown on the Contract Drawings and as specified herein. 1.02 RELATED SECTIONS A. Section 02371 Geotextile Fabric for Concrete Block Revetment 1.03 SUBMITTAL A. The Contractor shall submit to the Engineer all manufacturers' hydraulic testing and calculations in support of the proposed cellular concrete mat system and geotextile. The Contractor shall furnish the manufacturer's certificates of compliance for cellular concrete blocks/mats, revetment cable, and any revetment cable fittings and connectors. The Contractor shall also furnish the manufacturer's specifications, literature, shop drawings for the layout of the mats, and any recommendations, if applicable, that are specifically related to the project. Alternative materials may be considered. Such materials must be pre -approved in writing by the Engineer prior to bid date. Alternative material packages must be submitted to the Engineer a minimum of fifteen (15) days prior to bid date. Submittal packages must include, as a minimum, the following: Full-scale laboratory testing and associated engineered calculations quantifying the hydraulic capacity of the proposed cellular concrete may system in similar conditions to the specific project. 2. A list of 5 comparable projects, in terms of size and applications, in the United States, where the results of the specific alternate revetment system use can be verified after a minimum of one (1) year of service life. PART PRODUCTS 2.01 GENERAL All cellular concrete mats shall be prefabricated as an assembly of concrete blocks, with specific hydraulic capacities, laced with revetment cables. Cellular concrete mats may be assembled on -site by hand -placing the individual units either with or without subsequent insertion of cables. LPATH Berm Erosion 02700-1 Concrete Block Revetment System Protection Measures Specification for Overtopping Applications Individual units in the system shall be staggered and interlocked for enhanced stability. The mats shall be constructed of open and/or closed cell units as shown on the contract drawings. The open cell units have two (2) vertical openings of rectangular cross section with sufficient wall thickness to resist breakage during shipping and installation. Parallel strands of cable shall extend through two (2) cable ducts in each block allowing for longitudinal binding of the units within a mat. Each row of units shall be laterally offset by one-half of a block width from the adjacent row so that any given block is cabled to four other blocks (two in the row above and two in the row below). Each block shall incorporate interlocking surfaces that minimize lateral displacement of the blocks within the mats when they are lifted by the longitudinal revetment cables. The interlocking surfaces must not protrude beyond the perimeter of the blocks to such an extent that they reduce the flexibility or articulation capability of the cellular mats or become damaged or broken when the mats are lifted during shipment or placement. Once the mats are in place, the interlocking surfaces shall minimize the lateral displacement of the blocks even if the cables should become damaged or removed. The mats must be able to flex a minimum of 18 ' between any given row or column of blocks in the uplift direction and a minimum of 45in the downward direction. The cables inserted into the mats shall form lifting loops at one end of the mat with the corresponding cable ends spliced together to form a lifting loop at the other end of the mat. The Engineer shall approve appropriate sleeves for use in order to splice the lifting loop. The cables shall be inserted after sufficient time has been allowed for the concrete to complete the curing process. The cellular concrete mats shall be placed on a filter fabric as specified herein. Under no circumstances shall the filter fabric be affixed (i.e. chemically bonded to the blocks) to the mattress in a manner in which would jeopardize the functionality of the filter fabric. Specifically, the filter fabric shall be independent of the block system. Certification (Overtopping Flow): Cellular concrete mats will only be accepted when accompanied by documented hydraulic performance characteristics that are derived from tests under controlled flow conditions. Testing guidelines should conform to U.S. Federal Highway Administration and U.S. Bureau of Reclamation Testing Protocol as documented in "Minimizing Embankment Damage During Overtopping Flow", Report No. FHWA-RD-88-181 and all hydraulic performance testing shall be performed in a 2H:1 V flume. Performance (Overtopping Flow): The design of the cellular concrete mats shall be in accordance with the Factor -of -Safety design methodology as described in "Erosion and Sedimentation" by Pierre Julien, Cambridge University Press, 1995. The minimum designed safety factor shall be 1.5 by utilizing the following equation. SF = ((02 / 01) da) / ((1 - do2)u.s cos R + rl (02 / 01) + (03 Fd' cos S + 04 Fi ) / 01WJ The analysis shall be performed based upon the stability of the mat due to gravity forces alone, neglecting conservative forces added by cabling, mechanical anchorage, LPATH Berm Erosion 02700-2 Concrete Block Revetment System Protection Measures Specification for Overtopping Applications 2.02 contact with adjacent blocks, or other restraints not attributable to gravity based forces. The analysis must account for a 0.5 inch block projection for non -tapered units and 0 for tapered units. CELLULAR CONCRETE UNITS A. Scope 1. This specification covers erosion control mats used in revetments for soil stabilization. Note 1 - Concrete units covered by this specification are made from lightweight or normal weight aggregates, or both. Note 2 - The values stated in U.S. customary units are to be regarded as the standard. B. Materials 1. 2. 3. 4. 5. 6. 7. C. Casting 2. 3. Cementitious Materials - Materials shall conform to the following applicable ASTM specifications: Portland Cements - Specification C 150, for Portland Cement. Blended Cements - Specification C 595, for Blended Hydraulic Cements. Hydrated Lime Types - Specification C 207, for Hydrated Lime Types. Pozzolans - Specification C 618, for Fly Ash and Raw or Calcined Natural Pozzolans for use in Portland Cement Concrete. Aggregates shall conform to the following ASTM specifications, except that grading requirements shall not necessarily apply: Normal Weight - Specification C 33, for Concrete Aggregates. The concrete units shall be produced by a dry cast method. The dry cast units obtain strength in a shorter duration as well as an increase in the durability and overall quality of product. Physical Requirements At the time of delivery to the work site, the units shall conform to the physical requirements prescribed in Table 1 listed below. LPATH Berm Erosion 02700-3 Concrete Block Revetment System Protection Measures Specification for Overtopping Applications Table 1. Physical Requirements Compressive Strength Net Area Water Absorption Min. psi (mPa) Max. 1b/ft k m3 Avg. of 3 units Individual Unit Avg. of 3 units Individual Unit 4,000 (27.6) 3,500 (24.1) 10 (160) 12 (192) 4. When applicable, the manufacturer shall meet all requirements pertaining to a concrete unit's durability pertaining to a freeze -thaw environment. 5. Units shall be sampled and tested in accordance with ASTM D 6684-01, Standard Specification for Materials and Manufacture of Articulating Concrete Block (ACB) Revetment Systems. D. Visual Inspection All units shall be sound and free of defects that would interfere with either the proper placement of the unit or impair the performance of the system. Surface cracks incidental to the usual methods of manufacture, or surface chipping resulting from customary methods of handling in shipment and delivery, shall not be deemed grounds for rejection. 2. Cracks exceeding 0.25 inches (.635 cm) in width and/or 1.0 inch (2.54 cm) in depth shall be deemed grounds for rejection. 3. Chipping resulting in a weight loss exceeding 10% of the average weight of a concrete unit shall be deemed grounds for rejection. 4. Blocks rejected prior to delivery from the point of manufacture shall be replaced at the manufacturer's expense. Blocks rejected at the job site shall be repaired with structural grout or replaced at the expense of the contractor. E. Sampling and Testing The purchaser or their authorized representative shall be accorded proper access to facilities to inspect and sample the units at the place of manufacture from lots ready for delivery. 2. Field installation procedures shall comply with the procedures utilized during the hydraulic testing procedures of the recommended system. All system restraints and ancillary components (such as synthetic drainage mediums) shall be employed as they were during testing. For example, if the hydraulic testing installations utilize a drainage layer then the field installation must utilize a drainage layer; an installation without the drainage layer would not be permitted. 3. The theoretical force -balance equation used for performance extrapolation tends for conservative performance values of thicker concrete units based on actual hydraulic testing of thinner units. When establishing performance values of thinner units based on actual hydraulic testing of thicker units, there LPATH Berm Erosion 02700-4 Concrete Block Revetment System Protection Measures Specification for Overtopping Applications is a tendency to overestimate the hydraulic performance values of the thinner units. Therefore, all performance extrapolation must be based on actual hydraulic testing of a thinner unit then relating the values to the thicker units in the same "family" of blocks. 4. Additional testing, other than that provided by the manufacturer, shall be borne by the purchaser. F. Manufacturer The individual blocks comprising the mat shall have the nominal characteristics, such as the open area, that are presented in Table 2. Table 2. Standard Sizes of Concrete Blocks Lbs./Sq.f Length Width Height Open Class Type (kg) t. Inches Inches Inches Area % k /m 2 cm cm cm 40 T Open 62-71 35-40 17.4 15.5 4.75 20 28-32) 303-347) (44.2) (39.4) 12 50 T Open 81-94 46-53 17.4 15.5 6.0 37-43) 396-460 (44.2) (39.4) (15.2)20 60 T Open 99-113 56-64 17.4 15.5 7.5 20 45-51 484-553 44.2 39.4 19.1 70 T Open 120-138 68-78 17.4 15.5 9.0 20 55-63 587-675 44.2 39.4 22.9 L-40 Open 95-111 35-41 17.4 23.6 4.75 T 43-51 303-347 44.2 59.9 12 20 L-50 122-141 46-53 17.4 23.6 6.0 TOpen 56-64 396-460 44.2 59.9(15.2)20 L-60 Open 151-176 56-64 17.4 23.6 7.5 T 69-80 484-553 44.2 59.9 (19.1)20 L-70 Open 181-211 68-78 17.4 23.6 9.0 T (82-96) (587-675 (44.2) (59.9 22.9) 20 Cellular concrete blocks shall be ARMORFLEX"or approved equal as manufactured by: ARMORTEC 301 Pascoe Blvd Bowling Green, KY 42104 Phone: (800) 305 - 0523 Fax: (270) 783 - 8952 Cellular concrete blocks shall be ARMORFLEX`�' or approved equal as sold and distributed by: CONTECH Construction Products Inc. Phone: (513) 425 - 5896 1001 Grove Street Fax: (513) 425 - 5993 Middletown, OH 45044 - 5800 G. Revetment Cable and Fittings There is an option of two (2) types of revetment cables and fittings. LPATH Berm Erosion 02700-5 Concrete Block Revetment System Protection Measures Specification for Overtopping Applications BID SCHEDULE (Base Bid)Lumn Sum Item Description Unit Estimated Unit Item Number Quantity y Cost ($) Cost $ ( ) 1 Mobilization LS 1 2 Traffic / Access Control LS 1 3 Clearing and Grubbing LS 1 4 Construction Dewatering (North Spill and River Riprap Location) LS 1 5 Remove Concrete Rubble SF 10350 6 Fence Removal/Resetting (Wood Fence) LF 100 7 Silt Fence LF 3845 8 Straw Bale — Sediment and Erosion Control Structure EA 8 9 Unclassified Excavation (Quantity Assumed 15% shrinkage in Borrow Site material) CY 9068 10 Muck Excavation CY 200 11 Native Soil (Over Revetment Mat Only) CY 1040 12 Embankment (Complete In Place) without Haul - South Spill Only CY 1652 13 Embankment (Complete In Place) with Haul - Both Spill Locations CY 9738 North Spill = 7416 CY, South Spill = 2322 CY ---- ---- 14 Concrete Sill (Complete In Place) CY 170 15 Concrete Block Revetment Mat - North Spill SF 27453 16 Concrete Block Revetment Mat (Including drainage layer) - South Spill SF 28640 17 Riprap (Class 12) TON 1560 18 4" to 8" Crushed Concrete Rubble (Quantity Assumed 20% extra for voids) TON 1968 19 1-1/2" Washed Rock (Quantity Assumed 35% shrinkage) TON 818 20 Landscape - Tree Removal (> 12" Diameter) EA 15 21 Ground Preparation for Seeding AC 9 22 Topsoil (Delivery and Stockpile only - No Installation) CY 200 TOTAL COST Total Cost in Words: Dollars 7/96 Section 00300 Page 2 Option 1. Polyester Revetment Cable and Fittings. Revetment cable shall be constructed of high tenacity, low elongating, and continuous filament polyester fibers. Cable shall consist of a core construction comprised of parallel fibers contained within an outer jacket or cover. The weight of the parallel core shall be between 65% to 70% of the total weight of the cable. The revetment cable shall have the following physical characteristics: Nominal Approx. Avg. Pounds / 100 ft (kg/m) Cable Diam. Strength Lbs. (kN) Min. Lbs. (kg) Max Lbs. (12) 1/4" 3,700 (16.4) 2.47 (.04) 2.74 (04) 5/16" 7,000 (31.1) 3.99 (.06) 4.42 (,07) 3/8" 10,000 (44.5) 3.75 (.07) 5.26 (.08) 1/2" 15,000 (66.7) 8.93 (.13) 9.90 (15) Elongation requirements specified below are based upon stabilized new, dry cable. Stabilization refers to a process in which the cable is cycled fifty (50) times between a 2 load corresponding to 200D and a load equal to 10%, 20% or 30% of the cable's approximate average breaking strength. Relevant elongation values are as shown in the table below. The tolerance on these values is + 5%. Nominal Approx. Avg. Pounds /] 00 ft (kg/m) Cable Diam. Strength Lbs. (kN) Min. Lbs. (kg) Max Lbs. (kg) 1/8" 1,700 (7.5) 2.8 (.04) 2.9 (04) 3/16" 3,700 (16.4) 6.2 (.09) 6.5 (10) 1 /4" 6,100 (27.1) 0.6 (.16) 11.0 (.16) 3/8" 13,300 (59.2) 23.6 (.35) 24.3 (.36) The revetment cable shall exhibit resistance to most concentrated acids, alkalis and solvents. Cable shall be impervious to rot, mildew and degradation associated with marine organisms. The materials used in the construction of the cable shall not be affected by continuous immersion in fresh or salt water. Selection of cable and fittings shall be made in a manner that insures a safe design factor for mats being lifted from both ends, thereby forming a catenary. Consideration shall be taken for the bending of the cables around hooks or pins during lifting. Revetment cable splicing fittings shall be selected so that the resultant splice shall provide a minimum of 60% of the minimum rated cable strength. Fittings such as sleeves and stops shall be aluminum and washers shall be galvanized steel unless otherwise shown on the Contract Drawings. Option 2. Galvanized Steel Revetment Cable and Fittings. Revetment cable shall be constructed of preformed galvanized aircraft cable. The cables shall be made from individual wires and strands that have been formed during the manufacture into the shape they have in finished cable. Cable shall consist of a core construction comprised of six (6) or seven (7) wires wrapped within seven (7) or nineteen (19) wire strands. The revetment cable shall have the following physical properties: LPATH Berm Erosion 02700-6 Concrete Block Revetment System Protection Measures Specification for Overtopping Applications Nominal Approx. Avg. Strength Lbs./100 ft (kg/m) Cable Diam. Lbs. (kN) Min. Lbs. (kg) Max Lbs. (ktz) 1/8" 1,700 (7.5) 2.8 (04) 2.9 (.04) 3/16" 3,700 (16.4) 6.2 (.09) 6.5 (.10) 1 /4" 6,100 (27.1) 10.6 (.16) 11.0 (.16) 3/8" 13,300 (59.2) 23.6 (.35) 24.3 (.36) The revetment cable shall exhibit resistance to mild concentrations of acids, alkalis, and solvents. Fittings such as sleeves and stops shall be aluminum, and the washers shall be galvanized steel. Selection of cable and fittings shall be made in a manner that insures a safe design factor for mats being lifted from both ends, thereby forming a catenary. Consideration shall be taken for the bending of the cables around hooks or pins during lifting. Revetment cable splicing fittings shall be selected so that the resultant splice shall provide a minimum of 75% of the minimum rated cable strength. H. Anchors All anchoring of mats shall be installed as shown on the Contract Drawings. 1. Filter Fabric The geotextile filter shall meet the minimum physical requirements listed in Table No. 3 of these Specifications. Consultation with the manufacturer is recommended. The geotextile must be permitted to function properly by allowing relief of hydrostatic pressure; therefore concrete shall not be allowed to clog the filter fabric. The geotextile fiber shall consist of a long -chain synthetic polymer composed of at least 85 percent by weight of propylene, ethylene, ester, or amide, and shall contain stabilizers and/or inhibitors added to the base plastic, if necessary, to make the filaments resistant to deterioration due to ultraviolet and heat exposure. The edges of the geotextiles shall be finished to prevent the outer fiber from pulling away from the geotextiles. The Contractor shall furnish the Engineer, in duplicate, manufacturer's certified test results showing actual test values obtained when the physical properties are tested for compliance with the specifications. During all periods of shipment and storage, the filter fabric shall be protected from direct sunlight, ultraviolet rays and temperatures greater than 140 degrees Fahrenheit. To the extent possible, the fabric shall be maintained wrapped in its protective covering. The geotextile shall not be exposed to sunlight, ultraviolet rays until the installation process begins. LPATH Berm Erosion 02700-7 Concrete Block Revetment System Protection Measures Specification for Overtopping Applications Table 3. Physical Requirements Physical Property Test Procedure Minimum Value Grab Tensile Strength (Unaged Geotextile) ASTM D4632 200 Lbs. (in any principal direction) Breaking Elongation (Unaged Geotextile) ASTM D4632 30% max. (in any principal direction) Burst Strength ASTM D3786 400 psi Puncture Strength ASTM D4833 115 lbs. A.O.S., U.S. Std. Sieve ASTM D4751 see Design Manual % Open Area CWO-22125-86 5% Permittivity ASTM D4491 0.5 sec' Final acceptance of the filtration geotextile by the Engineer shall be dependent upon the geotextile performance when tested in accordance with ASTM D5105, Standard Test Method for Measuring the Soil-Geotextile System Clogging by the Gradient Ratio test or the Hydraulic Conductivity Ratio test. Soil characteristics such as grain size analysis, and plasticity shall be determined for every 200,000 square feet of geotextile installed, or for each source of borrow material used during construction. Significant differences in soil characteristics shall require further performance testing by either the Gradient Ratio or the Hydraulic Conductivity Ratio tests at the discretion of the Engineer. The locations for which the material to be tested is extracted shall be approved by the Engineer. The Contractor shall provide the site -specific soil and modified proctor curves for the site -soil, at his own expense, to the manufacturer. The manufacturer shall be responsible for the performance of the test by a certified independent laboratory experienced in performing such test. The test shall be performed under the actual field soil conditions or as otherwise required by the Engineer. At the time of installation, the filter fabric shall be rejected if it has been removed from its protective cover for over 72 hours or has defects, tears, punctures, flow deterioration, or damage incurred during manufacture, transportation or storage. With the acceptance of the Engineer, a torn or punctured section of fabric shall be repaired by placing a filter fabric patch over the damaged area prior to placing the mats. The patch shall be large enough to overlap a minimum of three (3) feet in all directions. In the event pre -assembled panels of fabric are required, the panels of filter fabric shall be sewn together at the manufacturer or another approved location. J. Size of Cellular Concrete Mats General. The cellular concrete blocks, cables and fittings shall be fabricated at the manufacturer or another approved location into mats with a width of up to eight (8) feet and a length up to forty (40) feet, which is approved by the Engineer. Mat Length: The cellular concrete mats shall have the ability for fabrication in various lengths, widths, and in combinations of length and/or widths. LPATH Berm Erosion 02700-8 Concrete Block Revetment System Protection Measures Specification for Overtopping Applications PART 3 EXECUTION 3.01 FOUNDATION PREPARATION General. Areas on which filter fabric and cellular concrete blocks are to be placed shall be constructed to the lines and grades shown on the Contract Drawings and to the tolerances specified in the Contract Documents, and approved by the Engineer. Grading. The slope shall be graded to a smooth plane surface to ensure that intimate contact is achieved between the slope face and the geotextile (filter fabric), and between the geotextile and the entire bottom surface of the cellular concrete blocks. All slope deformities, roots, grade stakes, and stones which project normal to the local slope face must be re -graded or removed. No holes, "pockmarks", slope board teeth marks, footprints, or other voids greater than 1.0 inch in depth normal to the local slope face shall be permitted. No grooves, depressions, or projections greater than 0.5 inches in depth/height normal to the local slope face with a dimension exceeding 1.0 foot in any direction shall be permitted. Where such areas are evident, they shall be brought to grade by placing compacted homogeneous material, or compacting the projection to grade. The slope and slope face shall be uniformly compacted, and the depth of layers, homogeneity of soil, and amount of compaction shall be as required by the Engineer. Excavation and preparation for anchor trenches, side trenches, and toe trenches or aprons shall be done in accordance to the lines, grades and dimensions shown in the Contract Drawings. The anchor trench hinge -point at the top of the slope shall be uniformly graded so that no dips or bumps greater than 0.5 inches over or under the local grade occur. The width of the anchor trench hinge -point shall also be graded uniformly to assure intimate contact between all cellular concrete blocks and the underlying grade at the hinge -point. Inspection. Immediately prior to placing the filter fabric and cellular concrete blocks, the prepared subgrade shall be inspected by the Engineer as well as the owner's representative. No fabric or blocks shall be placed thereon until that area has been approved by each of these parties. 3.02 PLACEMENT OF GEOTEXTILE FILTER FABRIC General. Filter Fabric, or filtration geotextile, as specified elsewhere, shall be placed within the limits shown on the Contract Drawings. Placement. The filtration geotextile shall be placed directly on the prepared area, in intimate contact with the subgrade, and free of folds or wrinkles. The geotextile shall not be walked on or disturbed when the result is a loss of intimate contact between the cellular concrete block and the geotextile or between the geotextile and the subgrade. The geotextile filter fabric shall be placed so that the upstream strip of fabric overlaps the downstream strip. The longitudinal and transverse joints shall be overlapped at least two (2) feet. The geotextile shall extend at least one foot beyond the top and bottom revetment termination points. If cellular concrete blocks are assembled and placed as large mattresses, the top lap edge of the geotextile should not occur in the same location as a space between cellular concrete mats unless the space is concrete filled. LPATH Berm Erosion 02700-9 Concrete Block Revetment System Protection Measures Specification for Overtopping Applications 3.03 PLACEMENT OF CELLULAR CONCRETE BLOCKS/MATS General. Cellular concrete block/mats, as specified in Part 2:A of these Specifications, shall be constructed within the specified lines and grades shown on the Contract Drawings. Placement. The cellular concrete blocks shall be placed on the filter fabric in such a manner as to produce a smooth plane surface in intimate contact with the filter fabric. No individual block within the plane of placed cellular concrete blocks shall protrude more than one-half inch or as otherwise specified by the Engineer. To ensure that the cellular concrete blocks are flush and develop intimate contact with the subgrade, the blocks shall be "seated" with a roller or other means as approved by the Engineer. For the South Spill location, a layer of filter fabric, a layer of 1/4" washed rock, a second layer of filter fabric, and a layer of 1-1/2" washed rock shall underlie the cellular concrete blocks. This 1-1/2" washed rock shall conform to a variation of the No. 3 aggregate gradation of material shown in Table 703-2 of the Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge construction, 2005. In order for this material to be considered to a "washed " rock, the material shall be washed to remove all material with a diameter less than I". This washing of the material shall be considered the variation to the standard CDOT gradation. The 3/4" rock shall conform to the No. 6 aggregate gradation of material shown in Table 703-2. If assembled and placed as large mattresses, the cellular concrete mats shall be attached to a spreader bar or other approved device to aid in the lifting and placing of the mats in their proper position by the use of a crane or other approved equipment. The equipment used should have adequate capacity to place the mats without bumping, dragging, tearing or otherwise damaging the underlying fabric. The mats shall be placed side -by -side and/or end -to -end, so that the mats abut each other. Mat seams or openings between mats greater than two (2) inches shall be filled with 4000 psi grout. Whether placed by hand or in large mattresses, distinct changes in grade that results in a discontinuous revetment surface in the direction of flow shall require a grout seam at the grade change location so as to produce a continuous surface. Anchor trenches and side trenches shall be backfilled and compacted flush with the top of the blocks. The integrity of a soil trench backfill must be maintained so as to ensure a surface that is flush with the top surface of the cellular concrete blocks for its entire service life. Toe trenches shall be backfilled as shown on the Contract Drawings. Backfilling and compaction of trenches shall be completed in a timely fashion. No more than 500 linear feet of placed cellular concrete blocks with non -completed anchor and/or toe trenches shall be permitted at any time. Finishing. The cells or openings in the cellular concrete blocks shall be backfilled and compacted immediately with suitable material to assure there are no voids and so that compacted material extends from the filter fabric to one -inch above the surface of the cellular concrete block. Backfilling and compaction shall be completed in a timely manner so that no more than 500 feet of exposed mats exist at any time. Consultation. The manufacturer of the cellular concrete blocks/mats shall provide design and construction advice during the design and initial installation phases of the project when required. END OF SECTION. LPATH Berm Erosion 02700-10 Concrete Block Revetment System Protection Measures Specification for Overtopping Applications SECTION 02921 GROUND PREPARATION FOR SEEDING PART1 GENERAL 1.01 SECTION INCLUDES A. This section covers soil preparation for areas to be reseeded. B. This section addresses work within the limits of disturbance as shown on the Drawings. However, if disturbance does occur outside of this designated area, this section will also pertain to those areas, which have been disturbed. 1.02 INITIAL INSPECTION The CONTRACTOR will inspect existing site conditions and note irregularities affecting work of this section. Verify that grading operations have been satisfactorily completed and that topsoil of adequate quantity and quality has been replaced in all areas as specified. Verify that the area to be revegetated is protected from concentrated runoff and sediment from adjacent areas. Note any previous treatments to the area such as temporary seeding or mulching and discuss how these treatments will effect permanent revegetation with the ENGINEER. Report all irregularities affecting work of this section to the ENGINEER before beginning work. Beginning work of this section implies acceptance of existing conditions. 1.03 CLEANING Perform cleaning daily during installation of the work, and upon completion the work. Remove and haul from the site all excess materials, debris, and equipment. Repair damage resulting from ground preparation operations. PART EXECUTION 2.01 GENERAL SOIL PREPARATION A. Inspection: Examine the substrate in which the work is to be performed. Do not proceed until unsatisfactory conditions have been corrected. B. Grades: Grades have been established under work of another Section to within 1 inch, plus or minus, of required finished grades. Verify that grades are within 1 inch, plus or minus, of required finished grades. Notify the ENGINEER prior to commencing soil preparation work if existing grades are not satisfactory, or assume responsibility for conditions as they exist. C. Weed and Debris Removal: All ground areas to be planted shall be cleaned of all weeds and debris prior to any soil preparation or grading work. Weeds and debris shall be disposed of off the site. LPATH Berm Erosion 02921-1 Ground Preparation Protection Measures for Seeding D. Contaminated Soil: Do not perform any soil preparation work in areas where soil is contaminated with cement, plaster, paint or other construction debris. Bring such areas to the attention of the ENGINEER and do not proceed until the contaminated soil is removed and replaced. E. Moisture Content: Soil shall not be worked when moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in the air or that clods will not break readily. Water shall be applied, if necessary, to bring soil to an optimum moisture content for tilling and planting. F. Ripping & Scarification: Rip, scarify, or otherwise loosen all areas to a depth of 6 inches, removing all obstructions encountered in excavating, such as loose rock, con- struction debris, etc. Thoroughly till all areas which are to be seeded that previously supported vehicular traffic to a depth of 12". Till all remaining areas to a depth of 6". Channel bottom areas are to be ripped to a depth of at least 2 feet on approximately 2- to 4-foot centers. Work the soil only when moisture conditions are suitable. Remove rocks and other objects 3" or greater in any dimension. END OF SECTION LPATH Berm Erosion 02921-2 Ground Preparation Protection Measures for Seeding DIVISION 3 - CONCRETE SECTION 03110 SECTION 03210 SECTION 03310 SECTION 03320 SECTION 03350 SECTION 03390 SECTION 03615 LPATH Berm Erosion Protection Measures STRUCTURAL CAST -IN -PLACE CONCRETE FORMS REINFORCING STEEL STRUCTURAL CONCRETE CONSTRUCTION JOINTS CONCRETE FINISHING CONCRETE CURING GROUT SECTION 03110 STRUCTURAL CAST -IN -PLACE CONCRETE FORMS PART1 GENERAL 1.01 SECTION INCLUDES The CONTRACTOR shall supply all labor, tools, equipment and materials to set forms for the proper placement of concrete for structures. It is the CONTRACTOR's responsibility to design and build adequate forms and to leave them in -place until the forms can be safely re- moved. The CONTRACTOR is responsible for damage and injury caused by removing forms carelessly or before the concrete has gained sufficient strength. Means and methods of repair shall be reviewed by the ENGINEER prior to performing the work. 1.02 RELATED SECTIONS A. Section 03310 — Structural Concrete B. Section 03320 — Construction Joints C. Section 03350 - Concrete Finishing D. Section 03615 - Grout 1.03 QUALITY STANDARDS A. American Concrete Institute 1. ACI 318 - Building Code Requirements for Structural Concrete 2, ACI SP-4 - Formwork for Concrete B. American Plywood Association 1. PS 1 - US Product Standard for Construction and Industrial Plywood 2. J20 - Grades and Specifications 3. V345 - Concrete Forming 1.04 SUBMITTALS A. General Design, placement and maintenance of formwork and form systems is the responsi- bility of the CONTRACTOR. Submittals other than listed herein are not required nor will they be reviewed. B. Product Technical Data l . Manufacturer and type of form materials LPATH Berm Erosion 03110-1 Structural Cast-ln-Place Protection Measures Concrete Forms 2. Manufacturer and type of form ties 3. Manufacturer and type of void form including compressive strength 4. Manufacturer of form release agent C. Formwork Design A copy of a transmittal letter from the designing engineer to the CONTRACTOR in- dicating that the design of the formwork for the project was prepared by or under his supervision. The letter shall be stamped with the seal of the designing engineer and signed in accordance with the professional engineering registration laws where the project is located. The designing engineer's qualifications shall be attached to the transmittal letter. 1.05 QUALITY ASSURANCE Formwork, and if required shoring and reshoring, shall be designed by a Professional Engi- neer licensed to practice in the state where the project is located and having a minimum of five years' experience in the design of concrete formwork or form systems. PART PRODUCTS 2.01 GENERAL For the purposes of this specification exposure shall be defined as a surface, interior or exte- rior, of a structure that will be exposed to view during its use. For example, the interior wall of a buried water retaining structure is a surface exposed to view. 2.02 FORMS FOR SURFACES EXPOSED TO VIEW A. Walls APA B-B Plyform Class 1, Exterior, PS-1-83. The plywood shall be mill oiled and edge sealed. 2. Symons hand set steel -ply forms, or equal. B. Beams APA B-B Plyform Class 1, Exterior, PS-1-83. The plywood shall be mill oiled and edge seated. 2. Symons hand set steel -ply forms, or equal. C. Sides of Column Footings APA B-B Plyform Class 1, Exterior, PS-1-83. The plywood shall be mill oiled and edge sealed. LPATH Berm Erosion 03110-2 Structural Cast -In -Place Protection Measures Concrete Forms 9. 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 (250) of the total Agreement Price. RESPECTFULLY SUBMITTED: Signature Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Date 7/96 Section 00300 Page 3 2. Symons hand set steel -ply forms, or equal. 3. Steel of sufficient thickness that the form will remain true to shape after nu- merous repetitive uses. D. Sides of Curved or Straight Continuous Wall Footings APA High Density Overlay Plyform Class 1 Exterior. 2. APA B-B Plyform Class 1, Exterior, PS- 1-83. For curved surfaces, plywood of sufficient thickness, free from knots and other im- perfections, which can be cut and bent and held in place accurately to the required curvature without splintering or splitting shall be used. E. Floor and Roof Slabs APA B-B Plyform Class I, Exterior, PS-1-83. The plywood shall be mill oiled and edge sealed. F. Columns Regardless of materials of construction the forms shall be such to permit bracing in two directions at half -height and full height at a minimum. Two braces at 90' are re- quired at half and full height. Steel of sufficient thickness that the form will remain true to shape after nu- merous repetitive uses. 2. Fiberglass of sufficient thickness that the form will remain true to shape. G. Column Capitals Steel, 16 gage or thicker, so that the form will remain true to shape after nu- merous. repetitive uses. 2.03 FORMS FOR SURFACES NOT EXPOSED TO VIEW Wood or steel sufficiently tight to prevent mortar leakage. 2.04 ANCHORAGE IN SLABS FOR BRACES FOR WALL AND COLUMN FORMS Braces shall be anchored to deadmen of sufficient size and weight to maintain the proper wall/column alignment under all load conditions including wind. Wedge anchors of any type, inserts or concrete nails are specifically not permitted for an- chorage of wall or column braces in water retaining structures. Wedge anchors or nails may be used in other structures when in the opinion of the ENGINEER the resulting concrete fin- ish patch will be acceptable. The CONTRACTOR shall make a submittal including informa- LPATH Berm Erosion 03110-3 Structural Cast -In -Place Protection Measures Concrete Forms tion about the type of wedge anchor or nail and the means of patching the surface for review and acceptance by the ENGINEER. 2.05 ANCHORAGE IN SLABS FOR UPTURNED COLUMN FOOTING FORMS Braces shall be anchored to deadmen of sufficient size and weight to maintain the proper wall/column configuration and diameter. Wedge anchors of any type, inserts or concrete nails are specifically not permitted for anchorage of column footing forms. 2.06 FORM TIES A. Water Retaining Structures and Below Grade Structures: Symons, S-Panel Ties, or equal, with water seal and one -inch break back cones on both tie ends, shall be used on all wall forms. B. Other Structures: Symons, S-Panel Ties, or equal, with one -inch break back cones on both tie ends unless otherwise called out or shown in the Drawings or approved by the ENGI- NEER, shall be used on all wall forms. C. Twisted Wire Ties: Twisted wire ties with loops to hold forms in position are not permitted. 2.07 CHAMFER STRIP Chamfer strips (3/4 inch) shall be placed in the corners of forms and at the tops of walls or up -turned footings, to produce beveled edges on permanently exposed concrete surfaces. In- terior angles of intersecting concrete surfaces and edges of construction joints shall not be beveled unless otherwise indicated in the Drawings. The chamfer strip may be made of wood or polyvinyl chloride (PVC). 2.08 STIFFBACKS Stiffbacks for wall forms shall be constructed of lumber or Glulams, uniform in width and thickness, free from knots and other surface defects. Only one joint is permitted in the board of a stiffback and joints shall be offset so as to not occur at the same point. Stiffbacks shall extend to a point not less than six inches above the top of forms. 2.09 GANG WHALER PLATES FOR THE TOP OF CURVED WALLS Gang whaler plates shall be constructed of plywood as described below cut to the radius of the wall curve. The gang whaler plate shall be of sufficient depth to permit notching for stiffbacks. A. APA High Density Overlay Plyform Class I Exterior. B. APA B-B Plyform Class 1, Exterior, PS- 1-83. LPATH Berm Erosion 031 10-4 Structural Cast -In -Place Protection Measures Concrete Forms 2.10 WEDGE INSERTS When permitted by the ENGINEER at the tops of walls or columns, wedge inserts may be used to support future formwork or catwalks. The inserts shall be Richmond Screw Anchor, or equal. 2.11 FORM RELEASE AGENT Magic Kote by Symons Corp. or equal. PART 3 EXECUTION 3.01 GENERAL Forms shall be used, wherever necessary, to confine the concrete and shape it to the specified lines and grades as shown on the Drawings. The CONTRACTOR shall set and maintain concrete forms so as to ensure completed work is within all applicable tolerance limits. If a type of form does not, in the opinion of the ENGINEER, consistently perform in an accept- able manner, the type of form shall be changed and the method of erection shall be modified by the CONTRACTOR, subject to the review of the ENGINEER. Forms shall have sufficient strength to withstand the pressure resulting from placement and vibration of concrete, and shall be maintained rigidly in position. The design of formwork and placing rate of concrete with medium and high -range water reducing agents shall be ad- justed to compensate for the greater hydraulic pressures exerted on the forms by concrete of high fluidity. Forms shall be clean and free from mortar and other foreign material from previous use prior to being placed. The CONTRACTOR shall demonstrate that forms are vertical, proper alignment, grade or radius when requested by the ENGINEER. 3.02 FORM SURFACE TREATMENT A. General Prior to placing reinforcing steel coat the forms with a non -staining release agent that will effectively prevent the absorption of moisture and prevent bond of the concrete to the form. Contact with hardened concrete against which fresh concrete is to be placed is prohibited. All bond breaking materials or processes shall be used only af- ter acceptance by the ENGINEER. Care shall be taken in applying form oil to avoid contact with reinforcement steel. Embedded material which becomes coated with form oil shall be thoroughly cleaned or replaced at the expense of the CONTRAC- TOR. B. For Potable Water Facilities Form release agents for potable water facilities, such as treated water storage reser- voirs or water treatment plants, shall be non -toxic 30 days after application. LPATH Berm Erosion 03110-5 Structural Cast -In -Place Protection Measures Concrete Forms 3.03 TOLERANCES Tolerances are defined as allowable variations from specified alignments, grades and dimen- sions. Allowable variations from specified alignments, grades and dimensions are prescribed in the following sub -section. Descriptions of these criteria can be found in Part 2 of the ACI Manual of Concrete Practice 1995, Commentary of Standard Specifications for Tolerances for Concrete Construction and Materials (ACI 117-90). A. Footings and Foundations Drilled Piers Vertical alignment <_ 2 % of the shaft length Lateral alignment < 1/24 of shaft diameter, 3 inch maximum Level alignment to cut-off elevation: +1 inch, -3 inch 2. Continuous Wall Footings (Circular and Non -circular) Lateral alignment: <_ 2% of the footing width, 2 inches maximum Relative alignment: Variation S 1 inch in 10 feet (variation between speci- fied plane and as built surface) Cross -sectional dimension: Horizontal dimension: Variation +2 inch, -1/2 inch Vertical dimension (thickness): Variation ± 1/2 inch Circular Wall Footing Only Variation in Radius in any 20 feet of wall length: < 1/2 inch Variation in Radius in entire wall length::< 1 inch 3. Column footings Lateral alignment: Variation <_ 2 inch Level alignment: Variation from specified elevation +1/2 inch, - 2 inch Relative alignment: Variation < 1 inch in 10 feet (variation between speci- fied plane and as built surface) Cross -sectional dimension: Horizontal dimension: Variation +2 inch, -1/2 inch Vertical dimension (thickness): Variation ± 1/2 inch LPATH Berm Erosion 03110-6 Structural Cast -In -Place Protection Measures Concrete Forms B. Cast -in -Place Concrete for Buildings and other Structures 1. Member (such as a beam, column, wall, slab, or pier) Vertical alignment: Variation from specified plumb <_ 3/8 inch (full height) 1/4 inch (one form section) Lateral alignment: Maximum in any bay: Variation <_ 1/2 inch Maximum in any 20 feet of length: Variation 5 1/2 inch Maximum for entire wall length: Variation <_ I inch Floor and wall opening locations: Variation S 1/2 inch Sawcuts and joints: Variation 5 3/4 inch Level alignment: Top elevation of slabs: Variation <_ 3/4 inch Lintels, other lines exposed to view: Variation <_ 3/4 inch Cross sectional dimensions: Walls and slabs (thickness): Variation ±1/4 inch Columns and Beams: Variation +1/2 inch, -1/4 inch Size of wall and floor openings: Variation ± 114 inch Relative alignment: Offset between adjacent formwork: Variation ±1/4 inch Variation in Specified Grade: For any distance less than 10 feet: Variation <_ 1/4 inch For entire structure: Variation ± 1/2 inch For manholes and outlet strictures: Variation 5 1 inch 2. Stairways Relative alignment: LPATH Berm Erosion 03110-7 Structural Cast -In -Place Protection Measures Concrete Forms Difference in height between adjacent risers: 1/8 inch Difference in width between adjacent treads: 1/4 inch 3.04 PLUMB AND STRING LINES Plumb and string lines shall be installed on wall and column forms before, and maintained, during concrete placement. There shall be sufficient number of plumb or string lines in walls, for example at every other stiffback, properly installed to permit continuous monitoring. Dur- ing concrete placement, the CONTRACTOR shall continually monitor plumb and string line positions and immediately correct deficiencies. The plumb and string lines shall extend to a point at least six inches above the top of wall or column. 3.05 FORMWORK CAMBER In order to maintain specified tolerances of joists, beams or slabs subject to dead load deflec- tion, the CONTRACTOR shall camber formwork to compensate for dead load deflection prior to hardening of the concrete. 3.06 GANG WHALER PLATES FOR CIRCULAR WALLS The CONTRACTOR shall place a gang whaler plate cut to the curvature of the wall, such as a circular reservoir wall, at the top of the wall forms. The gang whaler plate shall be at- tached to the forms with a gang whaler rod at appropriately designed intervals. The gang whaler plate may be notched to permit the stiffback to extend above the top of the wall forms. The gang whaler plate shall be sufficiently stiff to maintain the required curvature. 3.07 HAND SET MODULAR FORMS Hand set modular forms, such as Symons hand set steel -ply forms, shall be placed with no more than two intersecting joints occur at one level in the formwork above the bottom modu- lar form level. The following figure illustrates the required form pattern. Figure 1 LPATH Berm Erosion 03110-8 Structural Cast -In -Place Protection Measures Concrete Forms The above form configuration is one way recommended by Simons Corp. to eliminate verti- cal, in plane, bending of the forming system. The CONTRACTOR may develop alternate means of maintaining vertical alignment. Alternate form system configurations require preparation by a licensed Professional Engineer in Colorado and submittal to the ENGI- NEER for review and approval. 3.08 FORMWORK CLOSURE Forms which will prohibit visual review of items such as reinforcing steel, waterstops and bearing pads by the ENGINEER, shall not be placed until the ENGINEER has performed a final review of the reinforcing steel. The CONTRACTOR shall use compressed air from an air -compressor to blow-out construc- tion debris and dirt at the bottom of sections or members to be placed such as walls, slabs, beams and columns, prior to placing forms or concrete. The CONTRACTOR shall demon- strate to the ENGINEER that all debris, such as loose concrete particles, saw dust, loose tie wire, bar tags, tape, trash and dirt, have been thoroughly removed. 3,09 HOT OR COLD WEATHER PLACEMENT AND STEEL FORMS Prior to placing concrete when steel forms are used, the forms shall be heated when the sur- face temperature of the form is below 40° F or cooled when the surface temperature of the form is above 90' F. If water is used to cool forms where ponding of water may occur, i.e., at the bottom of a column, the water shall be permitted to drain prior to placing concrete. 3.10 REMOVAL OF FORMS The forms for any portion of a structure shall not be removed until the concrete has reach sufficient strength with a factor of safety of 2.0, to withstand applied loads such as self weight and wind loads or withstand damage when the forms are removed. For post -tensioned concrete slabs and beams, formwork shall not be removed until the entire slab or member has been stressed and stressing records accepted. 3.11 RESHORES When a reshore plan is to be performed, it shall comply with Section 1.04 of this Specifica- tion. END OF SECTION LPATH Berm Erosion 03110-9 Structural Cast -In -Place Protection Measures Concrete Forms THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 03110-10 Structural Cast -In -Place Protection Measures Concrete Forms SECTION 03210 REINFORCING STEEL PART1 GENERAL 1.01 SECTION INCLUDES This work shall consist of furnishing and placing reinforcing steel in accordance with these Specifications and in conformity with the Drawings. 1.02 RELATED SECTIONS A. Section 03310 — Structural Concrete 1.03 QUALITY STANDARDS A. American Concrete Institute 1. ACI 318 - Building Code Requirements for Reinforced Concrete 2. ACI Detailing Manual - (SP-66) 3. ACI 117 - Standard Tolerance for Concrete Construction and Materials B. American Society for Testing and Materials 1. ASTM A 615, A 616 including supplementary requirement Sl, A 617, A 706 2. ASTM A 767, Zinc -coated (galvanized) reinforcing bars 3. ASTM A 775 Epoxy -coated reinforcing bars C. Concrete Reinforcing Steel Institute (CRSI) 1. Manual of Standard Practice 2. Placing Reinforcing Bars D. American Welding Society (AWS) 1. AWS DIA - Structural Welding Code - Reinforcing Steel PART PRODUCTS 2.01 REINFORCING STEEL A. Deformed Bars: All bar steel reinforcement shall be of the deformed type, ASTM A 615, (AASHTO M31) and grade (40 or 60) as specified in the Drawings. LPATH Berm Erosion 03210-1 Reinforcing Steel Protection Measures B. Spirals: Spirals, hot -rolled plain or deformed bars per ASTM A 615, Grade 60 or cold drawn wire per ASTM A 82 as specified in the Drawings. Spirals for columns shall have two "spacers" with a section modulus > 0.008in' in order to maintain the proper pitch and spacing. C. Epoxy -Coated Reinforcing Bars: Epoxy -coated reinforcing bars shall conform to ASTM A 775. When required, dam- aged epoxy coating shall be repaired with patching material conforming to ASTM A 775 in accordance with the material manufacturer's recommendations. D. Zinc -coated (Galvanized Reinforcing Bars): Zinc -coated reinforcing bars shall conform to ASTM A 767. When required, dam- aged zinc coating shall be repaired with a zinc -rich formulation conforming to ASTM A 767. 2.02 TIE WIRE 16 gauge wire ties, manufactured by American Wire Tie, Inc., or equal. When epoxy coated reinforcing steel is shown in the Drawings, PVC coated wire ties shall be used. The mini- mum PVC coating is 0.7 mils. 2.03 IDENTIFICATION Bundles of reinforcing bars and wire spirals shall be tagged, with a metal tag, showing speci- fication, grade, size, quantity and suitable identification to permit checking, sorting and plac- ing. When bar marks are used to identify reinforcing bars in the Drawings, the bar mark shall be shown on the tag. Tags shall be removed prior to concrete placement. Bundles of flat sheets and rolls of welded wire fabric shall be tagged similar to reinforcing bars. 2.04 STORAGE AND PROTECTION Reinforcing steel shall be stored off of the ground and protected from oil or other materials detrimental to the steel or bonding capability of the reinforcing bar. Epoxy -coated reinforc- ing bars shall be stored on protective cribbing. Rust, seams, surface irregularities, or mill scale, shall not be cause for rejection provided that the weight and height of deformations of a hand -wire -brushed test specimen are not less than the applicable ASTM Specification. When placed in the work, the reinforcing bars shall be free from dirt, loose mill scale, paint, oil, loose rust or other foreign substance. LPATH Berm Erosion 03210-2 Reinforcing Steel Protection Measures SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 7/96 Section 00410 Page 1 2.05 BAR SUPPORTS A. General: Bar supports and spacing shall be in accordance with the CRSI Manual of Standard Practice, Chapter 3, a maximum of four feet or as required by the Drawings. B. Floor Slabs: Uncoated steel or non-metallic composite chairs shall be used unless otherwise shown in the Drawings. If required by the ENGINEER, the chair shall be stapled on a bearing pad to prevent chair displacement. The bearing pad shall be made of exte- rior grade plywood and be approximately five inches square. C. Soffits: Steel wire bar supports in concrete areas where soffits are exposed to view or are painted shall be Class 1 or Class 2, Types A or B: Class 3 is acceptable in other ar- eas. D. Water and Wastewater Vaults, Tank and Basin Walls, and Roof Slabs: Only plastic clip, non-metallic composite or 100% epoxy coated steel chair bar and bolster supports are acceptable for use in walls and roof slabs. Supports shall be se- curely stapled to formwork. E. Columns: Plastic "space wheels" manufactured by Aztec (Model DO 12/40), or equal, are re- quired. F. Epoxy -Coated and Zinc -Coated Bar Supports: Epoxy -coated reinforcing bars supported from formwork shall rest on coated wire bar supports made of dielectric or other acceptable materials. Wire supports shall be fully coated with dielectric material, compatible with concrete. Reinforcing bars used as support bars shall be epoxy -coated. In walls reinforced with epoxy -coated bars, spreader bars shall be epoxy coated. Proprietary combination bar clips and spreaders used in walls with epoxy -coated reinforcing shall be made of corrosion - resistant material or coated with dielectric material. PART 3 EXECUTION 3.01 BAR LIST Eight copies of a list of all reinforcing steel and bending diagrams shall be furnished to the ENGINEER at the site of the work at least two weeks before the placing of reinforcing steel is begun. The CONTRACTOR shall be responsible for the accuracy of the lists and for fur- nishing and placing all reinforcing steel in accordance with the details shown on the Draw- ings. LPATH Berm Erosion 03210-3 Reinforcing Steel Protection Measures Bar lists and bending diagrams for structures, which are included in the Drawings, do not have to be furnished by the CONTRACTOR. When bar lists and bending diagrams are in- cluded in the Drawings, they are intended for estimating approximate quantities. The CONTRACTOR shall verify the quantity, size and shape of the bar reinforcement against those shown on the Drawings and make any necessary corrections before ordering. 3.02 FABRICATION Fabrication tolerances for straight and bent bars shall be in accordance with the requirements of Subsection 4.3, Tolerance, of the American Concrete Institute Standard 315 and the CRSI Manual of Standard Practice. 3.03 BENDING All reinforcing bars shall be bent cold. Bars partially embedded in concrete shall not be field bent except as shown on the Drawings or as permitted by the ENGINEER. Bars shall not be bent or straightened in a manner that will injure the material. 3.04 SPIRALS One and one-half finishing bends are required at the top and bottom of the spiral. Spacers shall be provided in accordance with Chapter 5, Section 9 of the CRSI Manual of Standard Practice. Welding as an aid to fabrication and/or installation is not permitted. 3.05 PLACING AND FASTENING The placing, fastening, splicing and supporting of reinforcing steel and wire mesh or bar mat reinforcement shall be in accordance with the Drawings and the latest edition of "CRSI Rec- ommended Practice for Placing Reinforcing Bars". In case of discrepancy between the Drawings and the CRSI publication stated above, the Drawings shall govern. Reinforcement shall be placed within the tolerances provided in ACI 117. Steel reinforcement shall be accurately placed in the positions shown on the Drawings and firmly held during the placing and setting of concrete by means of spacer strips, stays, metal chairs or other approved devices or supports. Chair and bolster supports for slabs and walls shall be spaced at a maximum of four foot centers unless otherwise shown in the Drawings. Staples used to attach bar supports to wall and roof forms shall have the staple "tails" clipped after form removal. For Columns, three wheels, spaced 120 degree apart, shall be placed every four feet of column height. The CONTRACTOR may increase the column spiral pitch if a conflict occurs with the wheel. Pre -tied column reinforcing steel lowered into column forms shall be lowered vertically to prevent damage to the space wheels. Bars shall be securely tied at 50% of all intersections except where spacing is less than one foot in each direction, when alternate intersections shall be tied unless otherwise called out in the Drawings or in applicable specifications. Tying of steel by spot welding will not be permitted unless specifically authorized by the ENGINEER. The placing and securing of the reinforcement in any unit or section shall be accepted by the ENGINEER before any con- crete is placed in any such unit or section. Bundle bars shall be tied together at not more than 6-foot centers. LPATH Berm Erosion 03210-4 Reinforcing Steel Protection Measures 3.06 SPLICING Bar steel reinforcement shall be furnished in the full lengths indicated on the Drawings. Splicing of bars, except where shown on the Drawings, will not be permitted without the written acceptance of the ENGINEER. Splices shall be staggered. In cases where permis- sion is granted to splice bars, other than those shown on the Drawings, the additional mate- rial required for the lap shall be furnished by the CONTRACTOR at his own expense. The minimum distance between staggered splices for reinforcing bars shall be the length required for a lapped splice in the bar. All splices shall be full contact splices. Splices will not be permitted at points where the section is not sufficient to provide a mini- mum distance of two inches between the splice and the nearest adjacent bar or the surface of the concrete. Welding of reinforcement shall be done only if detailed on the Drawings or if authorized by the ENGINEER in writing. Welding shall be done by a certified welder. The welding shall conform to AWS D 12.1, Recommended Practices for Welding Reinforcing Steel, Metal In- serts and Connections in Reinforced Concrete Construction, with the modifications and addi- tions specified hereinafter. Where AWS D 2.0 Specifications for Welded Highway and Railway Bridges is referenced, the reference shall be construed to be for AWS D 1.1. Where the term AWS 131.1 is used it shall mean the American Welding Society Structural Welding Code, D 1.1 as modified and amended by the AASHTO Standard Specifications for Welding of Structural Steel Highway Bridges. After completion of welding, coating damage to coated reinforcing steel bars shall be repaired. When required or permitted, a mechanical connection may be used to splice reinforcing steel bars or as substitution for dowel bars. The mechanical connection shall be capable of devel- oping a minimum of 125% of the yield strength of the reinforcing bar in both tension and compression. All parts of mechanical connections used on coated bars, including steel splice sleeves, bolts, and nuts shall be coated with the same material used for repair of coating damage. 3.07 CUTTING When coated reinforcing bars are cut in the field, the ends of the bars shall be coated with the same material used for repair of coating damage. All rebar cut in the field shall be cut with a cut-off saw, any other method must be approved by the ENGINEER. END OF SECTION LPATH Berm Erosion 03210-5 Reinforcing Steel Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 03210-6 Reinforcing Steel Protection Measures SECTION 03310 STRUCTURAL CONCRETE PART 1 GENERAL 1.01 SECTION INCLUDES The CONTRACTOR shall furnish all labor, tools and equipment for the construction of reinforced cast -in -place concrete for sills as shown on the Drawings and herein specified. This section includes basic finishing and curing methods, accessory control, and expansion and contraction joint devices. 1.02 CONCRETE PRODUCER QUALIFICATIONS The ready -mixed concrete supplier to the CONTRACTOR shall have the capability to produce and deliver concrete, meeting the requirements of the Drawings and Specifications. The supplier shall have a contingency plan for a back-up plant in the event of a mechanical malfunction of one of the primary plant(s). This plan shall be submitted in accordance with Section 0 13 30. 1.03 RELATED SECTION A. Section 03110 - Structural Cast -In -Place Concrete Forms B. Section 03210 — Reinforcing Steel C. Section 03320 - Construction Joints D. Section 03350 - Concrete Finishing E. Section 03900 - Concrete Curing 1.04 QUALITY STANDARDS A. American Society for Testing Materials (ASTM) 1. ASTM C 33 - Concrete Aggregates 2. ASTM C 94 - Ready Mixed Concrete 3. ASTM C 150 - Portland Cement 4. ASTM C 260 - Air -entraining Admixtures for Concrete 5. ASTM C 494 - Chemical Admixtures for Concrete 6. ASTM C 618 - Fly Ash in Portland Cement Concrete 7. ASTM C 979 - Pigments for Colored Concrete LPATH Berm Erosion 03310-1 Structural Concrete Protection Measures 8. ANSI/ASTM D 994 - Preformed Expansion Joint Fillers 9. ASTM D 1751 - Preformed Non -Extruding and Resilient Expansion Joint Filters to. ASTM D 3575 - Test Methods for Flexible Cellular Materials made from Olefin Polymers B. American Concrete Institute (ACI) 1. ACI 211 - Standard Practice for Selecting Proportions for Concrete 2. ACI 212 - Guide for Use of Concrete Admixtures 3. ACI 221 - Guide for Use of Normal Weight Aggregates 4. ACI 301 - Structural Concrete for Buildings 5. ACI 304 - Guide for Measuring, Mixing, Transporting and Placing Concrete 6. ACI 305 - Hot Weather Concreting 7. ACI 306 - Cold Weather Concreting 8. ACI 309 - Standard Practice for Consolidating Concrete 9. ACI 318 - Building Code Requirements for Structural Concrete 10. ACI 503 - Use of Epoxy Compounds ]I. ACI 504 - Guide to Joint Sealants 1.05 SUBMITTALS A. Product Data: 1. Admixtures (such as air -entraining and water -reducing admixtures) 2. Fly Ash 3. Form Release Agents 4. Ready Mixed Concrete Mix Designs 5. Form Ties 6. Bonding Agents 7. Grouts 8. Vibrator Specifications LPATH Berm Erosion 03310-2 Structural Concrete Protection Measures 9. Ready -Mixed Concrete Plant Production Contingency Plan 1.06 QUALITY ASSURANCE A. Acquire cement and aggregate from the same source for all work. B. Conform to ACI 305 for hot weather concrete placement C. Conform to ACI 306 for cold weather concrete placement D. Conform to ACI 309 for concrete consolidation 1.07 CONTRACTOR ASSISTANCE The CONTRACTOR shall assist the OWNER or his concrete testing consultant as requested during the performance of quality control testing. When concrete is placed using a concrete pumper, concrete for testing will be taken from the pumper discharge hose. 1.08 DELIVERY, STORAGE, AND HANDLING A. Ready -Mixed Concrete Delivery Ticket: The ready -mixed concrete truck driver shall provide the batch ticket to the ENGINEER at the time of concrete delivery. The ticket shall summarize the following information legibly in an easily discernible table: 1. Weight in pounds of all materials, excepting the water reducing and air - entraining agents which shall be in ounces. 2. Cubic yards batched 3. The ratio of water to cementitious (W / C) materials ratio 4. Temperature of the concrete at the time it was batched 5. Time of batching. 6. Free moisture in the fine and coarse aggregates in percent of weight of aggregate. 7. Gallons of water that may be added at the site without exceeding the permissible W / C ratio. B. Delivery: Delivery shall conform to the recommendations of ACI 304 as determined by the ENGINEER. LPATH Berm Erosion 03310-3 Structural Concrete Protection Measures PART PRODUCTS 2.01 CEMENT Cement shall be Portland Cement Type II, unless otherwise indicated on the Drawings. 2.02 AGGREGATE A. Fine Aggregate: Fine aggregate shall consist of hard, strong, durable particles to the provisions of ASTM C 33. B. Coarse Aggregate: Coarse aggregate shall conform to the provisions of ASTM C 33 except that all aggregate shall be crushed aggregate. Screened aggregate is unacceptable. 2.03 WATER Water shall be clean and free from injurious amounts of oils, acids, alkalis, salts, organic materials, or other substances that may be deleterious to concrete or steel. Mixing water for prestressed pretensioned and prestressed post -tensioned concrete or for concrete which will contain aluminum embedments, shall not contain deleterious amounts of chloride ion. Unless otherwise permitted or specified in the Drawings, the concrete shall be proportioned and produced to have a slump not to exceed four inches or less than two and one-half inches. Concrete not consolidated by internal vibration shall be proportioned to have a slump not to exceed five and one-half inches or less than four inches. The slump shall be determined by the "Test for Slump of Portland Cement" ASTM C 143. 2.04 ADMIXTURES Admixtures to be used in concrete shall be subject to prior acceptance by the ENGINEER. The admixture shall maintain the same composition and performance throughout the work as the product used in the concrete proportions established in accordance with ACI 211. Admixtures containing chloride ions shall not be used. A. Air Entrainment: An air -entraining agent shall be used in all concrete. The agent used shall conform to ASTM C 260. Unless otherwise shown in the Drawings, the amount of air entraining agent used in each concrete mix shall be such as will effect the entrainment of the percentage of air shown in the following tabulation in the concrete as discharged from the mixer. This table is applicable for concrete strengths less than 5000 psi. LPATH Berm Erosion 03310-4 Structural Concrete Protection Measures Table 1 Nominal max. Average air content, percent aggregate size, in. Severe exposure Moderate exposure 3/8 7 1/2 ± 1 1/2 6 ± 1 1/2 3/4 6±1 1/2 5±1 1/2 1 1/2 5 1/2 ± 1 1/2 4 1/2 ± 1 1/2 The level of exposure will be determined by the ENGINEER. B. Water Reducing, Set -Controlling Admixture: The CONTRACTOR shall use a "mid -range" water reducing, set controlling admixture, Polyheed 997, or equal. The water -reducing admixture shall be used in all concrete and shall conform to ASTM C 494, specifically Types A, B, C, D and E. C. Finely Divided Mineral Admixtures: Mineral admixtures shall be limited to fly ash conforming to ASTM C 618, Class C. 2.05 BATCHING Measuring and batching of materials shall be done at a batching plant. A. Portland Cement: Either sacked or bulk cement may be used. No fraction of a sack of cement shall be used in a batch of concrete unless the cement is weighed. Bulk cement shall be weighed on scales separate and distinct from the aggregate hopper or hoppers. Batching shall be such that the accuracy of hatching shall be plus or minus one percent of the required weight. B. Water: Unless water is to be weighed, the water -measuring equipment shall include an auxiliary tank from which the measuring tank shall be filled. In lieu of the volume method, the CONTRACTOR will be permitted to use a water -metering device. C. Aggregates: Aggregates shall be handled from stockpiles or other sources to the batching plant in such a manner as to secure a uniform grading of the material. Aggregates that have become segregated, or mixed with earth or foreign material, shall not be used. Batching shall be so conducted as to result in the weights of material required for each type aggregate within a tolerance of two percent. Free water contents of the coarse and fine aggregates shall be continuously tested LPATH Berm Erosion 03310-5 Structural Concrete Protection Measures and concrete mixture adjusted for moisture conditions of the aggregate in order to meet the designated water/cement ratio. D. Fine Aggregate: The proportion of fine aggregate shall be between 36 and 44 percent by volume of the total aggregates in the concrete. 2.06 MIXING Ready -mixed concrete shall be either "central mixed" or "shrink mixed" concrete as defined in ASTM C 94. "Truck mixed" concrete as defined in ASTM C 94 shall not be permitted. Mixing time shall be measured from the time water is added to the mix, or cement contracts the aggregate. All concrete shall be homogeneous and thoroughly mixed, and there shall be no lumps or evidence of undispersed cement. Mixers and agitators, which have an accumulation of hard concrete or mortar, shall not be used. Ready -mixed concrete shall be mixed and transported in accordance with ASTM C 94. The temperature of mixed concrete, immediately before placing shall not be less than 507 or more than 80°F for slabs larger than 10,000 square feet and not be less than 50°F or more than 85°F for walls. Aggregates and water shall be heated or cooled as necessary to produce concrete within these temperature limits. Neither aggregates nor mixing water shall be heated to exceed 150°F. The time elapsing from the time water is added to the mix (or the cement comes in contact with aggregate) until the concrete is deposited in place at the site of the work shall not exceed 45 minutes when the concrete is hauled in non -agitating trucks, nor more than 90 minutes when hauled in truck mixers or truck agitators. The batch shall be so charged into the drum that a portion of the mixing water shall enter in advance of the cement and aggregates. The flow of water shall be uniform and all water shall be in the drum by the end of the first 1 /4 of the specified mixing time. Cement shall be charged into the mixer by means that will not result in loss of cement due to the effect of wind, or in accumulation of cement on surfaces of hoppers or in other conditions which reduce or vary the required quantity of cement in the concrete mixture. 2.07 TRANSPORTING MIXED CONCRETE - MIXED CONCRETE OR TRUCK MIXERS Transporting of mixed concrete shall conform to ASTM C 94. Truck agitators shall be loaded not to exceed the manufacturer's guaranteed capacity. They shall maintain the mixed concrete in a thoroughly mixed and uniform mass during hauling. No additional mixing water shall be incorporated into the concrete during hauling or after arrival at the delivery point, unless approved. If additional water is to be incorporated into the concrete at the site, the drum shall be revolved not less than 30 revolutions at mixing speed after the water is added and before discharge is commenced. One addition of water at the site to adjust mix workability is permitted but the maximum water cement ratio shall not be exceeded. LPATH Berm Erosion 03310-6 Structural Concrete Protection Measures SECTION 00410 KNOW ALL MEN BY THESE as Principal, and hereby held and firmly bound OWNER, in the sum of $ payment of which, well and truly to be made, we hereby jointly bind ourselves, successors, and assigns. PRESENTS: that we, the unto the Citv of Fort Collins undersigned as Surety, are Colorado, as for the and severally THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 5998 LPATH Berm Erosion Protection Measures. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 The CONTRACTOR shall furnish a water -measuring device in good working condition, mounted on each transit mix truck, for measuring the water added to the mix on the site. All water tanks on transit mix trucks shall be filled prior to being batched and arrive at the construction site 100% full. Each load of ready mixed concrete delivered at the job shall be accompanied by the ticket referencing design mix and showing volume of concrete, the weight of cement in pounds, percent of free water in coarse and dry aggregates, and the total weight of all ingredients in pounds. The ticket shall also show the time of day at which the materials were batched and the reading of the revolution counter at the time the truck mixer is charged. See Paragraph 1.08. 2.08 COMPRESSIVE STRENGTH Concrete compressive strength requirements consist of a minimum strength that must be obtained before various loads of stresses are applied to the concrete and, for concrete designated by strength, a minimum strength at the age of 28 days. Unless otherwise shown on the Drawings, the 28-day compressive strength of structural concrete shall be a minimum of 4,000 psi. The mix shall be designed for required strengths in accordance with ACI 301. The ratio of water to the sum of concrete + pozzolan shall not exceed 0.41 by weight for durable, watertight, concrete. The amount of fly ash in the mix shall be between 15 and 20 percent by weight of the total cementitious materials. 2.09 CONCRETE VIBRATORS Concrete vibrators for consolidating concrete shall be 2 1/2 inch diameter "high cycle" vibrators with a frequency under load of 8,000 - 10,400 vibrations per minute (vpm). Concrete vibrators of lesser capacity are unacceptable for use in any part of the construction. The CONTRACTOR shall have at least one standby concrete vibrator ready for use for every two concrete vibrators in use during a concrete placement. PART 3 EXECUTION 3.01 PRIOR TO PLACEMENT Prior to placing concrete the CONTRACTOR shall remove all debris and thoroughly dampen the surfaces that will be in contact with the concrete to be placed. The CONTRACTOR shall use compressed air from an air -compressor to blow-out construction debris and dirt at the bottom of members to be placed such as walls, beams and columns, prior to final placement of forms that will obscure any joint. The CONTRACTOR shall demonstrate to the ENGINEER that all debris, such as concrete particles, saw dust, loose tie wire, bar tags, tape, trash and dirt, have been thoroughly removed. No concrete shall be placed when form surfaces that will be in contact with the concrete, LPATH Berm Erosion 03310-7 Structural Concrete Protection Measures reinforcement, embedded items or sub -base is less than 32°F. When the mean daily outdoor temperature is less than 40°F, the temperature of the concrete shall be maintained between 50°F and 70°F for the required curing period. When necessary, arrangements for heating, covering, insulating, or housing the concrete work shall be made in advance of placement and shall be adequate to maintain the required temperature without injury due to concentration of heat. Combustion heaters shall not be used during the first 24 hours unless precautions are taken to prevent exposure of the concrete to exhaust gases which contain carbon dioxide. Concrete shall not be placed against forms exposed to heating by the unless the temperature of the forms is first cooled to <_ 90°F. 3.02 PLACEMENT Placement shall conform to ACI 301, Chapter 8 'Placing", ACI 304R, "Guide of Measuring, Mixing, Transporting and Placing Concrete," ACI 306 "Recommended Practice for Cold Weather Concreting", ACI 305 "Recommended Practice for Hot Weather Concreting" and ACI 309, "Standard Practice for Consolidation of Concrete". No concrete shall be placed until all formwork, reinforcement, installation of parts to be embedded, bracing of forms, and preparation of surfaces involved in the placing have been reviewed by the ENGINEER. No concrete shall be placed in water except with the written permission of the ENGINEER. All surfaces of forms and embedded materials that have become encrusted with dried mortar or grout from concrete previously placed shall be cleaned of all such mortar or grout before the surrounding or adjacent concrete is placed. Immediately before placing concrete, all surfaces upon or against which the concrete is to be placed shall be free from standing water, mud, debris or loose materials. The surfaces of absorptive materials against or upon which concrete is to be placed shall be moistened thoroughly so that moisture will not be drawn from the freshly placed concrete. The concrete shall be placed by equipment that will prevent segregation or loss of ingredients. The stream of concrete shall not be allowed to separate by permitting it to fall freely over rods, spacers or other embedded materials. No wetting of concrete surfaces during slab finishing operations shall be permitted. Further, no concrete finishing operation shall be permitted while there is water on the surface of slabs and other flatwork. Unless otherwise called out in these Specifications or shown in the Drawings, the placement lift depth of concrete in walls shall be limited to two feet or less to minimize surface defects such as air voids that can form on concrete surfaces. Lift depths will be limited to one foot if, in the opinion of the ENGINEER, the quality of the finish is unacceptable at the 2-foot lift depth. 3.03 CONSOLIDATION All concrete shall be thoroughly consolidated with internal vibrators as recommended in ACI 309 immediately after deposition. The concrete shall be thoroughly worked around the reinforcing steel, around embedded items and into corners of forms. Vibration shall be supplemented by spading, rodding or forking to eliminate all honeycomb and voids around embedded items. The vibrator shall be inserted vertically, allowing it to penetrate rapidly to the bottom of the lift and at least six inches into the previous lift. The vibrator shall be held at the bottom of LPATH Berm Erosion 03310-8 Structural Concrete Protection Measures lift for 5 to 15 seconds. The vibrator shall be pulled up at a rate of about three inches per second. The vibrator shall be inserted so that the fields of action overlap. The field of action is approximately eight times the vibrator's head diameter. Thus for a 2 1/2 inch diameter vibrator, the spacing of each insertion will be approximately 20 inches. Vibration shall be stopped when the concrete surface takes a sheen and large air bubbles no longer escape. Do not use a vibrator to move concrete horizontally. 3.04 OPENINGS AND INSERTS Pipe sleeves, inserts for pipe connections, anchors and forms for pipe holes must be accurately placed and securely fastened to the forms in such a manner that the placing of concrete will not alter their alignment or location. In the event that openings are inadvertently omitted or improperly placed, the ENGINEER may require the concrete to be cored at the proper location. Filling of improperly placed openings shall be done with expansive grout or dry pack or mortar applied with an accepted epoxy adhesive. The surfaces of the opening shall be roughened prior to filling. 3.05 EMBEDDED ITEMS At the time of concrete placement, embedded items should be clean and free from mud, oil and other coatings that may adversely affect bonding capacity. Aluminum embedments shall be coated with a bituminous material to prevent electrolytic action between the embedded item and reinforcing steel that results in concrete deterioration. Embedment items shall be accurately placed and securely fastened to the forms in such a manner that the placing of concrete will not alter their alignment or location. Contact between embedded items and reinforcing steel or tendon ducts is unacceptable and is not permitted. 3.06 CONSTRUCTION JOINTS The location of all construction joints will be subject to the acceptance of the ENGINEER. The surface of all construction joints shall be thoroughly cleaned and all laitance and standing water removed. Clean aggregate shall be exposed by abrasive blast cleaning. Wire brushing and air water jets may be used while concrete is fresh provided results are equal to abrasive blast cleaning. Construction joints shall be keyed at right angle to the direction of shear. Except where otherwise shown on the Drawings, keyways shall be at least 1-1/2" in depth over at least 25% of the area of the section. 3.07 EVAPORATIVE RETARDANT The use of an evaporative retardant is required to assist in proper placement of concrete. See Section 03390. When an evaporative retardant is used, it shall be applied two times: after screeding and after the first floating operation. The retardant should be applied at a rate of one gallon of sprayable solution per 200 - 400 square feet by spraying with an industrial type sprayer. if the nozzle of the sprayer becomes plugged, the CONTRACTOR shall clean, or replace, the nozzle. Under no circumstances shall the retardant be used except by spraying a LPATH Berm Erosion 03310-9 Structural Concrete Protection Measures mist with a nozzle. The retardant shall be applied in strict conformance with the manufacturer's recommendations and precautions. In no case shall the retardant be used as a finishing agent. The use of an evaporative retardant requires review and approval by the ENGINEER. END OF SECTION LPATH Berm Erosion 03310-10 Structural Concrete Protection Measures SECTION 03320 CONSTRUCTION JOINTS PART1 GENERAL 1.01 SECTION INCLUDES The CONTRACTOR shall supply all labor, tools, equipment and material for the preparation of construction joints in concrete in accordance with these specifications and as shown in the Drawings. This includes joints such as column -footing joints, wall construction joints, col- umn capital -slab joints, grout closures around pipe -slab penetrations and footing -slab joints. 1.02 RELATED SECTIONS A. Section 03110 - Structural Cast -In -Place Concrete Forms B. Section 03210 - Reinforcing Steel C. Section 03310 - Structural Concrete D. Section 03615 - Grout 1.03 QUALITY STANDARDS A. American Concrete Institute (ACI) ACI 117 - Standard Tolerance for Concrete Construction and Materials 2. ACI 301 - Specifications for Structural Concrete for Buildings 3. ACI 302 - Guide for Concrete Floor and Slab Construction 4. ACI 318 - Building Code Requirements for Structural Concrete 1.04 CONSTRUCTION REVIEW The ENGINEER shall review the preparation of all construction joints prior to concrete and grout closure placements. It is the responsibility of the CONTRACTOR to notify and pro- vide a minimum of 24 hours notice to the ENGINEER of these activities. If joint placement is performed without the ENGINEER's presence, the work will be deemed unacceptable and non -conforming to these specifications. If the ENGINEER determines that construction re- view of a particular activity is unnecessary, he will provide written direction to the CONTRACTOR to proceed with that particular activity without his construction review. PART 2 PRODUCTS (Not Applicable) LPATH Berm Erosion 03320-1 Construction Joints Protection Measures PART 3 EXECUTION 3.01 SURFACE PREPARATION The surface of concrete construction joints shall be clean and all materials that inhibit bond, such as curing compounds, laitance, saw dust, wood, dirt, polyethylene, pipe tape coating and paper shall be removed. Concrete shall be roughened to produce a rough, plus or minus 1/16 inch, surface texture. Concrete surfaces shall be wetted with clean potable water and standing water removed immediately before new concrete or closure grout is placed. Unless otherwise called out in the Drawings, a bonding agent shall be used prior to placing the con- crete or grout. 3.02 PIPE GROUT CLOSURE SECTIONS A. Pipe Surface Preparation Unless otherwise detailed in Drawings, all pipes penetrating concrete sections such as wall and floor slabs shall have all coatings and other materials that can inhibit bond completely removed from the portion of the pipe to be in contact with the con- crete or slab closure grout. B. Ground Surface Preparation The ground surface at joints such as pipe / slab closures shall be smooth and properly graded and compacted. All debris such as StyrofoamTm, paper, polyethylene and wood shall be removed. The ground surface shall be dampened and prepared to pre- vent the inclusion of dirt, pieces of aggregate or balls of soil in the concrete or grout. 3.03 CONCRETE AND CLOSURE GROUT PLACEMENT Mixing, surface preparation in addition to that prescribed above, placement, and curing of grout at pipe closure joints shall be performed in strict accordance with Specification Section 03615 and when a proprietary grout is specified, with the grout manufacturer's directions. Special care shall be taken to insure that the grout is thoroughly and properly consolidated at waterstops, pipe weep rings, and existing concrete surfaces. An appropriate capacity vibrator shall be used when necessary or required by the manufacturer to properly consolidate the grout. END OF SECTION LPATH Berm Erosion 03320-2 Construction Joints Protection Measures SECTION 03350 CONCRETE FINISHING PART1 GENERAL L01 SECTION INCLUDES The CONTRACTOR shall supply all labor, tools, equipment and materials to finish properly placed concrete for structures such as box culverts, vaults, foundations, hydraulic and water retaining structures. The means and methods of repair of improperly placed or finished concrete shall be reviewed by the ENGINEER prior to performing the work. Regardless of prior approval of the means and methods of concrete finish repair, no concrete finish shall be repaired until the ENGINEER has reviewed the existing finish. This includes defects caused by ineffective and improper vibration such as honeycomb, excessive air voids on formed surfaces, placement "pour" lines (cold joints) and sand streaking. It also includes defects caused by excessive form deflections, form damage or form failure. Unless otherwise called out in the Drawings tie holes shall be finished as specified herein. 1.02 RELATED SECTIONS A. Section 03110 - Structural Cast -In -Place Concrete Forms B. Section 03310 - Structural Concrete C. Section 03615 - Grout 1.03 QUALITY STANDARDS A. American Concrete Institute 2. 3. 4. 5. 6. 7 ACI 116 -Cement and Concrete Terminology ACI 121 - Quality Assurance Systems for Concrete Construction ACI 301 - Specifications for Structural Concrete for Buildings ACI SP-15 - ACI 301 Field Reference Manual ACI 304 - Placing Concrete by Pumping Methods ACI 309 - Identification and Control of Consolidation -Related Surface Defects in Formed Concrete ACI 311 - Guide for Inspection of Concrete LPATH Berm Erosion 03350-1 Concrete Finishing Protection Measures B. American Society for Testing and Materials I . ASTM STP 169C - Significance of Tests and Properties of Concrete and Concrete -Making Materials 2. ASTM C 150 - Standard Specification for Portland Cement 3. ASTM C 33 - Concrete Aggregates C. US Department of Interior - Bureau of Reclamation 1. M-47 Standard Specifications for Repair of Concrete 1.04 SUBMITTALS A. General Submittals shall be made in accordance with Section 01330. B. Product Data 1. Grouts 2. Bonding agents 3. Means and methods of repairing defects unless otherwise called out herein. C. Manufacturer's safety data sheets 1.05 DELIVERY, STORAGE AND HANDLING Deliver the materials to the project site in the manufacturer's containers with all labels intact and legible at the time of use. Materials shall be stored in a secure, indoor, dry area. Maintain grouts and aggregates in a dry condition during delivery, storage, and handling. PART PRODUCTS 2.01 PREMIXED PRE -PACKAGED GROUTS A. Master Builders EMACO R320 B. Master Builders EMACO S66-CR 2.02 EPDXY BONDING AGENTS A. Master Builders Concresive Liquid (LPL) B. Master Builders Concresive Standard Liquid LPATH Berm Erosion 03350-2 Concrete Finishing Protection Measures 2.03 CEMENT ASTM C 150, Type 1 2.04 AGGREGATE ASTM C 33, 100% passing the No. 30 mesh sieve 2.05 BOND COAT MORTAR Mortar used to bond patching mortar shall be made of the same materials and of approximately the same proportions as used for the concrete, except that the coarse aggregate shall be omitted and the mortar shall consist of I part cement to not more than I part sand by damp loose volume. 2.06 PATCHING MORTAR Patching mixture shall be made of the same materials and of approximately the same proportions as used for the concrete, except that the coarse aggregate shall be omitted and the mortar shall consist of 1 part cement to not more than 2-1/2 parts sand by damp loose volume. White Portland Cement shall be substituted for a part of the gray Portland Cement on exposed concrete in order to produce a color matching the color of the surrounding concrete, as determined by a trial patch. The quantity of mixing water shall be no more than necessary for handling and placing. The patching mortar shall be mixed in advance and allowed to stand with frequent manipulation with a trowel, without addition of water, until it has reached the stiffest consistency that will permit placing. 2.07 WATER Only clean potable water shall be used. A calibrated measuring device is required for measuring the proper amount of water to be added to pre -packaged grouts and mortars. PART EXECUTION 3.01 REPAIR OF SURFACE DEFECTS Surface defects, unless otherwise specified by the Contract Documents, shall be repaired immediately after form removal but not before review by the ENGINEER. The surface temperature of the concrete shall be 50' F and rising. The CONTRACTOR shall measure surface temperatures when requested by the ENGINEER. If necessary the CONTRACTOR shall enclose and heat the area to be repaired to bring the surface temperature of the concrete and air temperature to acceptable levels and to permit proper curing. All honeycombed and other defective concrete shall be removed down to sound concrete. If chipping is necessary, the edges shall be perpendicular to the surface or slightly undercut. Feathered edges will not be permitted. The area to be patched and an area at least six inches wide surrounding it shall be dampened to prevent absorption of water from the patching mortar. A bonding grout shall be prepared, mixed to the consistency of thick cream, and after surface water has evaporated from the area to be patched, well brushed into the surface. LPATH Berm Erosion 03350-3 Concrete Finishing Protection Measures When the bond coat begins to lose the water sheen, the premixed patching mortar shall be applied. The mortar shall be thoroughly consolidated into place and struck off so as to leave the patch slightly higher than the surrounding surface. To permit initial shrinkage, it shall be left undisturbed for at least one hour before being finally finished. The patched area shall be kept damp for seven days. Metal tools shall not be used in finishing a patch in a formed wall that will be exposed. 3.02 TIE HOLES A. Water Retaining Structures and Below Grade Vaults with Breakback Cone Ties Fill tie holes solid as specified in Section 03615. B. Other Structures After being cleaned and thoroughly dampened, fill tie holes solid as specified in Section 03615. 3.03 PROPRIETARY MATERIALS Certain types of defects may require the use proprietary compounds for adhesion or as patching ingredients. The ENGINEER will review these defects and request means and methods for these repairs from the CONTRACTOR. In lieu of, or in addition to, the foregoing patching procedures using bond coat and patching mortars, epoxy bonding agents and premixed pre -packaged grouts may be used for repair of defective areas. Such compounds shall be used in accordance with the manufacturer's written recommendations and directions. The ENGINEER shall review and provide written acceptance of these procedures. 3.04 FINISHING OF FORMED AND UNFORMED SURFACES Finishes shall be performed as called out in the Drawings and in referenced Specifications. A. Formed Surfaces Smooth Form Finish The form facing material shall produce a smooth, hard, uniform texture on the concrete. The arrangement of the facing material shall be orderly and symmetrical, with the number of seams kept to the practical minimum. Surface textures that result from forms with raised grain, torn surfaces, worn edges, patches, dents, or other defects shall be ground smooth or otherwise repaired. a. Air Voids on Formed Surfaces Air voids on formed surfaces deeper than 1/4 inch shall be filled with patching mortar. The frequency and size of air voids shall be equal to or better than shown in Figure 1. The total void area is 1% of the surface area, or 0.36 sq. in. This 6-inch x 6-inch figure is the LPATH Berm Erosion 03350-4 Concrete Finishing Protection Measures 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) SURETY By: Title: (SEAL) 7/96 Section 00410 Page 3 visual standard for acceptance of the finish that does not require filling of air voids. b. Tie Holes Tie holes shall be filled as specified in section 03615. C. Form Fins Chip or rub -off form fins exceeding 1/16 inch in height. Figure I LPATH Berm Erosion 03350-5 Concrete Finishing Protection Measures d. Rock Pockets Poorly consolidated concrete shall be removed to sound concrete and the defect repaired. The ENGINEER shall outline the area to be repaired. 2. As -Cast Finish For as -cast concrete finish form materials shall produced a sound surface. a. Air Voids Fill air voids deeper than 1/4 inch. and larger than 0.50 sq. in. The total area of acceptable air voids is 0.72 sq. in. in a 6 inch by 6-inch square. b. Tie Holes Tie holes shall be filled as specified in section 03615. C. Form Fins Chip or rub -off form fins exceeding 1/8 inch in height. 3. Rubbed Finish Immediately after removing the forms, form ties shall be broken back a minimum of 3/4 inch from the surface, honeycomb, voids and other surface defects grouted. The surfaces shall then be thoroughly dampened and rubbed with a No. 16 carborundum stone or equal abrasive to create a uniform surface paste. The rubbing shall be continued to remove all form marks and surface irregularities producing a smooth, dense surface. After setting, the surface shall then be rubbed with a No. 30 carborundum stone until the surface is smooth in texture and uniform in color. Unless otherwise shown in the Drawings only exposed surfaces shall have a rubbed finish. 4. Grout Finish Prepare surface as described in Rubbed Finishes above. Mix one part Portland cement and one-half parts fine sand with sufficient water to produce a grout with the consistency of thick paint. Wet surface of concrete to prevent absorption of water from grout and apply grout uniformly with brushes. Immediately after applying grout mix, scrub the surface with a cork float or stone to coat surface and fill remaining air voids and other remaining surface defects. Remove excess grout by working the surface with rubber float. After the surface whitens from drying, rub with clean burlap. Cure surface for a period of 72 hours LPATH Berm Erosion 03350-6 Concrete Finishing Protection Measures B. Unformed Surface Unless otherwise shown in the Drawings unformed surfaces shall be finished as follows. Slabs Screed with straightedge to remove low and high spots bringing the surface to the required finish elevation of slope and float with a steel float at least 3 feet in width. When the concrete has reached its initial set, finish with a steel (power) trowel. Leave finish essentially free of trowel marks, uniform in texture and appearance and plane to the correct tolerance. Dusting the surface with dry cement, sand or sprinkling with water is prohibited. Finishes that are exposed and subject to foot traffic shall receive a broom finish with a texture of± 1/16 inch. 2. Tops of Walls with Bearings Strike smooth tops of walls and similar unformed surfaces that will have bearings or bearing pads, and finish with a steel trowel. 3. Tops of Exposed Footings in Reservoirs Strike smooth tops of footings and finish with a light broom providing a texture of± 1/16 inch. 4. Stairways and Sidewalks Strike smooth tops of stairs and sidewalks and finish with a light broom providing a texture of ± 1/16 inch. 5. Slabs with Waterproofing Membranes Strike smooth and float finish. 6. Construction Joint Surfaces Surface shall be broom or raked finished. Surface shall be water or grit blasted prior to placing additional concrete, such as columns on column footings and column footings on reservoir stabs. END OF SECTION LPATH Berm Erosion 03350-7 Concrete Finishing Protection Measures THIS PAGE INTENTIONALLY LEFT BLANK. LPATH Berm Erosion 03350-8 Concrete Finishing Protection Measures SECTION 03390 CONCRETE CURING PART 1 GENERAL 1.01 WORK INCLUDED The CONTRACTOR shall furnish all labor, tools and equipment for curing plain and reinforced cast -in -place concrete. 1.02 RELATED WORK A. Section 03310 — Structural Concrete B. Section 03320 — Construction Joints C. Section 03350 — Concrete Finishing 1.03 QUALITY STANDARDS A. American Concrete Institute (ACI) 1. ACI 305 - Hot Weather Concreting 2. ACI 306 - Cold Weather Concreting 3. ACI 308 - Standard Practice for Curing Concrete B. American Society for Testing Materials (ASTM) 1. ASTM C 171 — Sheet Materials for Curing Concrete 2. ASTM C 309 — Liquid Membrane -Forming Compounds for Curing Concrete 3. ASTM D 2103 — Polyethylene Film and Sheeting 1.04 SUBMITTALS Provide data on curing compounds sheet materials and methods of securing sheet materials in place. 1.05 QUALITY CONTROL Perform the work in accordance with this Specification and in accordance with applicable ACI standards. When a conflict occurs between this Specification and ACI occurs, the ACI standard shall control. The CONTRACTOR shall have a copy of the current applicable ACI standards on site. All materials shall be used in accordance with the manufacturer's printed instructions, a copy of which shall be on site. 1.06 DELIVERY, STORAGE AND HANDLING Deliver, store and handle products under the provisions of Section 01650. LPATH Berm Erosion 03390-1 Concrete Curing Protection Measures Deliver curing materials in manufacturer's original packaging including applicable instructions and manufacturer's safety data sheets (MSDS). PART2 PRODUCTS 2.01 SHEET MATERIALS FOR CURING CONCRETE White burlap -polyethylene sheeting weighing not less than 10 oz/linear yard, 40 inches wide, impregnated on one side with white opaque polyethylene 0.004 inches thick as specified in ASTM C 171 shall be used when called out in the Drawings or in other applicable specifications. The polyethylene shall be securely bonded to the burlap so that there will be no separation. 2.02 LIQUID MEMBRANE -FORMING COMPOUNDS FOR CURING CONCRETE Liquid membrane -forming compounds for curing concrete shall and conform to ASTM C 309, Type 1-D with a red or white fugitive dye. Use a white dye unless otherwise directed by the ENGINEER. 2.03 POLYETHYLENE FILM Polyethylene film shall conform to ASTM D 2103. The film shall have a thickness of 6 mils and be a white opaque color. 2.04 LIQUID MEMBRANE FORMING COMPOUND AND EVAPORATIVE RETARDANT APPLICATORS/ SPRAYERS Membrane curing and evaporative retardant compounds shall be applied with a sprayer manufactured by Allen Engineering, Inc., or equal, capable of maintaining a constant pressure. (Allen Engineering, Inc., P.O. Box 819, Paragould, Arizona 74450, telephone (800) 643-0095.) Unless otherwise accepted in writing by the ENGINEER, spraying membrane curing compounds or evaporative retardants by other methods, such as hand pressurized sprayers, is unacceptable. 2.05 EVAPORATIVE RETARDANT Confilm manufactured by Master Builders, Inc. or approved equal. 2.06 WATER Water shall only be used when prior approval is granted by the ENGINEER. Only water that has been determined to be non -detrimental to concrete shall be used. PART 3 EXECUTION 3.01 GENERAL Beginning immediately after placement, concrete shall be protected from premature drying, excessively hot or cold temperatures, and mechanical injury, and shall be maintained with minimal moisture loss at a relatively constant temperature for the period necessary for hydration of the cement and hardening of the concrete in accordance with ACI 308, "Standard Practice for Curing Concrete". The materials and method of curing shall be subject LPATH Berm Erosion 03390-2 Concrete Curing Protection Measures to review and acceptance by the ENGINEER. Specific curing requirements may be called out on the Drawings or other Technical Specifications. Curing shall be continued for at least seven days. Alternatively, if tests are made of cylinders kept adjacent to the structure and cured by the same methods, moisture retention measures may be terminated when the average compressive strength has reached 70% of the specified concrete strength. When a spray applied membrane -curing compound is used, it shall be applied in two coats with the second coat applied at right angles to the first coat. 3.02 EVAPORATIVE RETARDANT An evaporative retardant shall be used during concrete placement for water retaining structure floor and roof slabs and other slabs larger than 2,500 square feet in size. The retardant shall be sprayed using a power sprayer at a rate of 10 gallons per 2,000 square feet after screeding and repeated after the first floating operation. The evaporative retardant shall not be applied during the final steel troweling operations or after the water sheen has disappeared from the concrete surface. 3.03 SLABS For concrete surfaces not in contact with forms, a procedure determined by the ENGINEER shall be applied immediately after completion of placement and finishing. 3.04 WALLS AND COLUMNS Moisture loss from surfaces placed against wooden or metal forms exposed to heating by the sun shall be minimized by keeping the forms wet until they can be safely removed. After form removal, the concrete shall be cured until the end of the curing time by one of the previously described curing methods. Concrete shall not be placed against forms that have been exposed to air below freezing temperatures until the forms have been heated so that the surface temperature of the form is >_ 40' F. The top of walls and columns not covered by forms shall be cured using a membrane -curing compound conforming to ASTM C 309 immediately after placement 3.05 OTHER SURFACES Unless otherwise shown in the Drawings all other surfaces shall be cured using two applications of a membrane -curing compound conforming to ASTM C 309. The second application shall be applied at 90' to the first application. 3.06 COLD WEATHER Curing during cold weather conditions shall include the above methods except for water cure unless measures are taken to prevent freezing of the water. 3.07 HOT WEATHER If the rate of evaporation approaches 0.2 Ib/ft2/hr, as estimated by ACI 305, precautions against plastic shrinkage cracking are required. The CONTRACTOR shall have a recording LPATH Berm Erosion 03390-3 Concrete Curing Protection Measures thermometer, hygrometer and wind gage on site seven days prior to first concrete placement. When necessary, provision for windbreaks, shading, fog spraying, sprinkling, ponding, or wet covering with a light colored material shall be made in advance of placement, and such protective measures shall be taken as quickly as concrete hardening and finishing operations will allow. Precautions against plastic shrinkage cracks may be required in conditions other than what is normally considered hot weather conditions. 3.08 RATE OF TEMPERATURE CHANGE Changes in temperature of the air immediately adjacent to the concrete during and immediately following the curing period shall be kept as uniform as possible and shall not exceed 5° F in any one hour or 50' F in any 24-hour period. 3.09 PROTECTION FROM MECHANICAL INJURY During the curing period, the concrete shall be protected from damaging mechanical disturbances, such as load stresses, heavy shock, and excessive vibration. All finished concrete surfaces shall be protected from damage by construction equipment, materials, or methods, by application of curing procedures, and by rain or running water. Self-supporting structures shall not be loaded in such a way as to overstress the concrete. END OF SECTION LPATH Berm Erosion 03390-4 Concrete Curing Protection Measures SECTION 03615 GROUT PART1 GENERAL 1.01 SECTION INCLUDES The Contractor shall furnish all labor, tools and equipment for the placement of grout in tie holes and other locations as shown on the Drawings and specified herein. This section includes basic mixing, application, and curing methods for grout. Contractor shall have a printed set of manufacturer's recommendations for product use on site for review during preparation, mixing and application of grouts. 1.02 RELATED SECTIONS A. Section 03110 - Structural Cast -In -Place Concrete Forms B. Section 03310 - Structural Concrete C. Section 03320 - Construction Joints D. Section 03350 - Concrete Finishing E. Section 03900 - Concrete Curing 1.03 QUALITY STANDARDS A. ASTM C 78 - Test Method for Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading B. ASTM C 109 - Test Method for Compressive Strength of Hydraulic Cement Mortars - Modified C. ASTM C 469 - Test Method for Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression D. ASTM C 666 - Test Method for Resistance of Concrete to Rapid Freezing and Thawing E. ASTM C 882 - Test Method for Bond Strength of Epoxy Resin Systems used with Concrete - Modified F. ASTM C 1012 - Test Method for Length Change of Hydraulic Cement Mortars Ex- posed to Sulfate Solution - Modified G. ASTM C 1202 - Electrical Indication of Resistance to Chloride Ion Penetration LPATH Berm Erosion 03615-1 Grout Protection Measures 1.04 SUBMITTALS A. Grout B. Bonding Agent C. Curing Compound 1.05 QUALITY ASSURANCE A. Field Tests When the Owner is to perform grout testing, the Contractor shall assist the Owner or his concrete testing consultant as requested during the perform- ance of quality control testing. 2. When prescribed in the Drawings or by these Specifications, length change test specimens will be taken during construction from the first placement of each type of mortar, and at intervals thereafter as selected by the Engineer to insure continued compliance with these specifications. Unless otherwise specified on the Drawings or Specifications the testing will be performed by the Owner or testing representative. 3. When required length change tests and fabrication of specimens for cement based mortar will be performed as specified in ASTM C 1012 at intervals during construction as selected by the Engineer. A set of three specimens will be made for testing at 7 and 28 days. 4. All mortar, already placed, that fails to meet the requirements of this Speci- fication, is subject to removal and replacement at the cost of the Contractor. 5. Unless otherwise specified in the Drawings or Specifications, the cost of all laboratory tests on grout will be borne by the Owner, but the Contractor shall assist the Engineer in obtaining specimens for testing. However, the Con- tractor shall be charged for the cost of any additional tests and investigation on work performed which does not meet the Specifications. B. Construction Tolerances Construction tolerances shall be as specified in the Section 03110 except as modified herein and elsewhere in the Contract Documents. 1.06 ACCEPTABLE MANUFACTURERS/PRODUCTS Master Builders Technologies EMACO R320 - Polymer -Modified Vertical/Overhead Patching Mortar MB 429, Masterkure CR, Masterkure 200W or Masterkure 100W - curing com- pounds LPATH Berm Erosion 03615-2 Grout Protection Measures SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 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? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? M Have your ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 7/96 Section 00420 Page 1 1.07 DELIVERY, STORAGE AND HANDLING Cement based mortar shall be delivered and stored in manufacturer's packaging until it is ready to be mixed and placed. Mortar bags shall be stored off the ground and protected from water and all other substances that will penetrate packaging. PART PRODUCTS 2.01 MORTAR FOR TIE HOLES EMACO R320 or approved equal. 2.02 BONDING ADHESIVES Concresive Liquid LPL, Concresive Standard Liquid or approved equal. 2.03 WATER Only clean potable water shall be used. A calibrated measuring device is required for meas- uring the proper amount of water to be added to grouts and mortars. 2.04 CURING COMPOUND MB 429, Masterkure 100W, Masterkure 200Wor approved equal. 2.05 (EXPOSED) REINFORCING STEEL COATING EMACO P22 or approved equal. PART 3 EXECUTION 3.01 GENERAL These grouts contain admixtures that increase grout strength and workability. The strength and performance of the grout is dependent on proper surface preparation, grout mixing and curing. The Contractor shall be required to use a calibrated measuring device to add clean potable water to the grout mix. Water added to a grout mix without a calibrated device is cause for grout rejection, removal and re -placement. Curing is critical to prevent shrinkage cracks that can develop with grouts containing some admixtures. Curing shall begin immediately after placement. All mixing, surface preparation, handling, placing, consolidation, and other means of execu- tion for pre -packaged mortars shall be done according to the instructions and recommenda- tions of the manufacturer and this Specification. In the event that a conflict occurs between this Specification and manufacturer's instructions, the manufacturer's instructions shall pre- vail in all cases. LPATH Berm Erosion 03615-3 Grout Protection Measures 3.02 GROUT FOR TIE HOLES A. Preparation: Thoroughly clean the roughened surface and any exposed reinforcement of rust, dirt, loose chips, and dust. Maintain substrate in a saturated, surface -dry condition. Where applicable, exposed reinforcing steel shall be coated with EMACO P22 rein- forcing steel bar protection coating prior to patching. B. Mixing: Comply with mortar manufacturer's recommendations for water quantity. Mechani- cally mix with a slow speed drill (400 to 600 RPM) and Jiffler-type paddle. Pour approximately 90% of the mix water into the mixing container; then add the bagged material while continuing to mix. Add remaining water as needed. Mix time shall not exceed 5 minutes. C. Application: Apply bonding adhesive such as Concresive Liquid LPL or Concresive Standard Liquid. Place and finish with trowel or screed. In hot, windy, or dry conditions, where rapid surface evaporation may occur, use Confilm Evaporation Reducer. D. Curing: Apply Masterkure 200 W curing compound in accordance with label instructions. END OF SECTION LPATH Berm Erosion 03615-4 Grout Protection Measures APPENDIX A GEOTECHNICAL INVESTIGATION CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES FORT COLLINS, COLORADO LOW GEOTECHNICAL INVESTIGATION CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES FORT COLLINS, COLORADO Prepared For: ENGINEERING DIVISION City of Fort Collins 281 North College Avenue Fort Collins, Colorado 80521 Attention: Mr. Mark Anderson Project No. FC03473-125 April 27, 2005 375 E. Horsetooth Road I The Shores Office Park I Building 3, Suite 100 1 Ft. Collins, Colorado 80525 Telephone:970-206-9455 Fax:970-206-9441 who TABLE OF CONTENTS SCOPE 1 SUMMARY OF CONCLUSIONS 1 SITE CONDITIONS 2 PROPOSED CONTROLLED SPILL STRUCTURES 3 FIELD INVESTIGATION AND LABORATORY TESTS 4 SUBSURFACE 5 CREST SECTION 5 CHUTE SECTION 6 STILLING SECTION 7 BACKFILL 10 UNDER STRUCTURE DRAINAGE 10 WATER SOLUBLE SULFATES 10 LIMITATIONS 12 FIGURE 1 - LOCATIONS OF BORINGS FOR TIMBERLINE CONTROLLED SPILL FIGURE 2 - SUMMARY LOGS OF BORINGS FOR TIMBERLINE CONTROLLED SPILL FIGURE 3 - LOCATIONS OF BORINGS FOR BORROW AREA FIGURE 4 - SUMMARY LOGS of BORINGS FOR BORROW AREA FIGURE 5 - LOCATIONS OF BORINGS FOR PROSPECT ROAD CONTROLLED SPILL FIGURE 6 - SUMMARY LOGS OF BORINGS PROSPECT ROAD CONTROLLED SPILL FIGURE 7 -GRADATION TEST RESULTS FIGURES 8 and 9 -COMPACTION TEST RESULTS TABLE 1- SUMMARY of LABORATORY TEST RESULTS CITY OF FORT COLLINS CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473-125 SCOPE This report sends the results of our geotechnical investigation for the two controlled spill structures the City of Fort Collins proposes on the banks of the Cache la Poudre River. One of the structures, the Timberline Controlled Spill Structure is located Just downstream of the bridge on Timberline Road across the Cache la Poudre River and the other, the Prospect Road Controlled Spill Structure, is about one-fourth mile upstream of the bridge on Prospect Road across the Cache la Poudre River In Fort Collins, Colorado. Both structures are on the left side (looking downstream) of the river. Our investigation was to picture the subsurface under the spill structure sites and to provide geotechnical criteria for the design and construction of the spill structures. This report includes a description of the soils found in our exploratory borings, results of laboratory tests and our conclusions, opinions and recommendations regarding the geotechnical design criteria and construction of the spill structures. SUMMARY OF CONCLUSIONS 1. Timberline Controlled Spill. The two borings we drilled at the crest of the proposed spill structure penetrated 9.5 feet and 5 feet of man - placed, sandy clay fill or man -placed, gravelly sand fill over 5 feet of dense, gravelly sands or 12 feet of very dense, sandy gravels underlain by very hard, sandy claystone bedrock at 14.5 feet and 17 feet. Ground water was measured at 7 feet and 9 feet deep when the borings were drilled. 2. Borrow Area. The six borings we drilled in the proposed borrow area penetrated 4 feet to 6 feet of man -placed, sandy clay fill over nil to 4 feet of dense, slightly gravelly sands and 15 feet of very dense, sandy gravels underlain in two of the borings drilled by very hard, sandy claystone bedrock at 17 feet and 17.5 feet. Ground water was measured 12 feet to 16 feet deep when the borings were drilled. 3. Prospect Road Controlled Spill. The two borings we drilled at the crest of the proposed spill structure penetrated 15.5 feet and 16.5 feet of very dense, sandy gravels over very hard, sandy claystone bedrock. Ground water was measured at 10 feet and 12 feet deep when the borings were drilled. CITY OF FORT COLLINS 1 CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473.125 4. At the proposed elevations, the downstream ends (stilling sections) of the two spill structures will be submerged in several feet of water by the existing ponds into which the structures will spill. We opine the structure locations will need to be surrounded by a ground water cutoff (slurry wall of sheet piling) down to the claystone to dewater the sites to construct the stilling sections "in the dry". An alternative Is to raise the elevations of the stilling sections to allow filling the areas of the ponds (without lowering the pond water surfaces) under the stilling sections with rock graded large to small or pieces of concrete graded large to small until the fill surfaces are just above the pond water surface elevations. The stilling sections of the structures would be built above the pond water surfaces on the surface of the fills. 5. The soils penetrated by our borings can be graded and smoothed to provide the subgrade for the proposed buried, concrete block revetment, chute sections of the spill structures. We opine the clays and sands penetrated by our borings in the borrow area can be used to build the needed, densely compacted, engineered fill under the chute section of the Timberline Controlled Spill structure. SITE CONDITIONS Timberline Controlled Spill. The Timberline Controlled Spill structure will be located on the left side (looking downstream) of the Cache la Poudre River about 200 feet downstream of the bridge on Timberline Road across the river. The spill structure site is on a narrow strip of ground about 100 feet wide between the river and Wiper Pond. The elevation of the water surface in the pond is about 10 feet below the elevation of the top of the strip of ground. The elevation of the river is about 7 feet below the elevation of the top of the strip of ground. The surface of the ground along the proposed alignment of the crest of the spill structure is sparsely covered with grass. However, the grass and bushes are denser on the bank of the river and the bank of the pond. There were several large trees growing along the shoreline of the pond. There were no outcrops of bedrock on the spill structure site or seen in the vicinity. Borrow Area. The proposed borrow area is across a pedestrian trail at the east end of Wiper Pond and adjacent to the south side of Blue Gill pond. The borrow area CITY OF FORT COLLINS CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473.125 Kim was covered with grass and there were bushes and large trees along the shorelines of the ponds. The area appears to be covered with soil excavated from another location(s) and "wasted" over the borrow area. There were no outcrops of bedrock on the borrow area site or seen in the vicinity. Prospect Road Controlled Spill. The Prospect Road Controlled Spill structure will be located on the left side (looking downstream) of the Cache la Poudre River about 1,000 feet upstream of the bridge on Prospect Road across the river. The spill structure site will be on a 100-foot wide to 250-foot wide strip of ground between the river and Big Pond. There is a low, narrow embankment out in the pond about 50 feet from the shoreline along the segment of shoreline that is parallel to the alignment of the spill structure. The elevation of the water surface in the pond is about 10 feet below the elevation of the top of the strip of ground. The elevation of the river is about 11 feet below the elevation of the top of the strip of ground. The surface of the ground along the proposed alignment of the crest of the spill structure is sparsely covered with grass. However, the grass and bushes are denser on the bank of the river and the bank of the pond. There were several large trees growing along the shoreline of the pond. There were no outcrops of bedrock on the spill structure site or seen in the vicinity. PROPOSED CONTROLLED SPILL STRUCTURES The two spill structures are similar in design. The configuration is an upstream, concrete cutoff wall at the "crest section"; a concrete block revetment buried 6 Inches and seeded underlain by 4 inches of 1.5-inch crushed rock placed on Mirafi, Filterweave 500 geofabric against the existing ground for the "chute section"; and the "stilling section". Some grading will be needed at each structure to realize the grade for the crest section. However, there are some significant differences between the two spill structures. The lower 6 feet of the riverbank at the Timberline Controlled Spill location will be ripraped. The riprap will be backfilled with topsoil and seeded. The CITY OF FORT COLLINS 3 CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473.125 angle of the slope of the chute section of the Timberline structure is 6:1 (horizontal:vertical). This slope will be constructed by placing up to 8 feet of densely, compacted engineered fill under the chute section of the structure. The stilling section of the Timberline structure will be submerged about 1 foot by the existing pond at the downstream end (stilling section) of the structure. The angle of the slope of the chute section of the Prospect Road Controlled Spill structure Is 2:1 (horizontal:vertical). The stilling section of the Prospect Road structure will be submerged about 6 feet by the existing pond at the downstream end (stilling section) of the structure. FIELD INVESTIGATION AND LABORATORY TESTS A truck mounted drill rig using continuous flight power augers investigated the spill structure and borrow area sites. Four- Inch diameter, solid augers were used at the Timberline Controlled Spill and the borrow area sites. Six-inch diameter, hollow augers were used at the Prospect Road Controlled Spill site. Two borings to 20 feet were drilled at the Timberline site, six borings to 15 feet and 20 feet were drilled atthe borrow area and two borings to 25 feet deep were drilled at the Prospect Road site. The locations of the borings are shown on Figure 1 (Timberline Controlled Spill), Figure 3 (Borrow Area) and Figure 5 (Prospect Road Controlled Spill). We sampled the ground with a California sampler or a standard spilt -spoon sampler. The samplers were driven with a 140-pound hammer failing 30 inches. The hammer blows were recorded and are shown on the summary logs. Bulk samples of auger cuttings from the borings in the borrow area were taken. All samples were returned to our laboratory where they were classified by a geotechnical engineer. Some of the California samples from the man -placed, clay fill covering the borrow area were selected to measure their "in -place" moisture contents and dry densities and water-soluble sulfate concentrations. Bulk samples from the borings of the man -placed, clay fill were combined and of the underlying natural sands and gravels were combined. Both "combined" samples were subjected to gradation, CITY OF FORT COLLINS 4 CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473-125 Atterberg limit and standard compaction tests. The results of the laboratory tests are on Figure 7 through Figure 9 and are summarized in Table I. SUBSURFACE Timberline Controlled Spill. The two borings we drilled at the crest of the proposed spill structure penetrated 9.5 feet and 5 feet of man -placed, sandy clay fill or man -placed, gravelly sand fill over 5 feet of dense, gravelly sands or 12 feet of very dense, sandy gravels underlain by very hard, sandy claystone bedrock at 14.5 feet and 17 feet. Ground water was measured at 7 feet and 9 feet deep when the borings were drilled. The summary logs of the borings drilled for the Timberline Spill are on Figure 2. Borrow Area. The six borings we drilled in the proposed borrow area penetrated 4 feet to 6 feet of man -placed, sandy clay fill over nil to 4 feet of dense, slightly gravelly sands and 15 feet of very dense, sandy gravels underlain in two of the borings drilled by very hard, sandy claystone bedrock at 17 feet and 17.5 feet. Ground water was measured at 12 feet to 16 feet deep when the borings were drilled. The summary logs of the borings drilled for the borrow area are on Figure 4. Prospect Road Controlled Spill. The two borings we drilled at the crest of the proposed spill structure penetrated 15.5 feet and 16.5 feet of very dense, sandy gravels over very hard, sandy claystone bedrock. Groundwater was measured at 10 feet and 12 feet deep when the borings were drilled. The summary logs of the borings drilled for the Prospect Road Spill are on Figure 6. CREST SECTION Timberline Controlled Spill. The soils at and below the crest of the Timberline structure are man -placed, sandy clay fill or man -placed, gravelly sands. We believe these fill soils were probably place as uncontrolled fill when Wiper Pond or other of the ponds in the vicinity were excavated. The spill structure will be light and we expect little or no consolidation from its weight that will result In settlement of the crest section. CITY OF FORT COLLINS 5 CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473-125 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. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? W 19 Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? class, license and numbers? Do you anticipate subcontracting Contract? If yes, what percent of total contract? and to whom? What Work under this Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL 7/96 Section 00420 Page 2 who However, the existing man -placed fill soils will have little resistance to erosion even from slowly moving water. We recommend extending the rlprap (or use another type of erosion protection) proposed for the riverbank on up the bank and to the upstream side of the cutoff wall. Prospect Road Controlled Spill. The soils at and below the crest of the Prospect Road structure are very dense, natural gravels. The spill structure will be light and we expect little or no consolidation from Its weight that will result in settlement of the crest section. The gravels are very dense and appear to be large enough and reasonably well graded enough to provide erosion protection for water flowing across them at a modest velocity. We suggest referring to the City of Fort Collins "Storm Drainage Criteria and Construction Standards" for guidance In the need for and, if necessary, selection of erosion protection for the ground between the river and the structure crest. Excavation for the Cutoffs. The soils along the crests of both spill structures can be excavated with typical excavating machines. The ground water is well below the proposed bottoms of the cutoff walls. However, the soils are sandy or sands or gravels so the sides of even shallow excavations will likely cave back to temporary slopes of the order of 1:1 (horizontal:vertical) or flatter. Backfill for the cutoff walls should be placed as discussed below. CHUTE SECTION Timberline Controlled Spill. The chute section of the Timberline structure will be built on a densely compacted, engineered fill that will reshape the existing ground surface to a 6:1 (horizontal:vertical) slope. The engineered fill will be as thick as 8 feet. We opine the inorganic soils from the "borrow area" that meet the requirements below can be used to construct the engineered fill proposed. Samples of soils that a contractor proposes to import to the site for the proposed engineered fill should be submitted to our office for tests, if we believe needed, at least seven days before their CITY OF FORT COLLINS 6 CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473-125 anticipated use to confirm they meet the specified requirements before hauling them to the site. The existing slope is about 2:1(horizontal:vertical). The existing slope surface that will be under the proposed engineered fill should be cleared, grubbed and stripped to remove all vegetation and organic soils from under the fill. The slope should be benched as the fill is placed. The inorganic soils removed from the benches that meet the requirements below can be used in the engineered fill. The benches should be 1 foot tall at the back and 3 feet wide. The area below the engineered fill should be scarified to at least 8 inches deep, water added until the scarified `lift" is 2 percent below to 2 percent above optimum moisture content (ASTM D 698) and compacted with at least 5 passes of a heavy tractor towed roller or self-propelled compactor. Each following lift of engineered fill should be inorganic soils with a maximum particle size of 3 Inches; placed in thin, loose lifts a maximum of 8 inches thick; water added until the lift is 2 percent below to 2 percent above optimum moisture content; and then each lift should be compacted to at least 95 percent of standard, maximum dry density (ASTM D 698) with a heavy tractor towed roller or self-propelled compactor before the next lift is placed. We should observe placement of and test the density of the compacted, engineered fill as it is placed to confirm its compaction meets the specified requirements. Prospect Road Controlled Spill. The proposed chute section of the Prospect Road structure will be mostly excavated into the natural ground under the chute section. The natural ground surface under the chute section should be prepared as described above for an area below engineered fill. Any fill required under the chute section should be densely compacted, engineered fill as discussed above. STILLING SECTION The stilling sections of both the Timberline Controlled Spill and the Prospect Road Controlled Spill as well as the lower segments of the chute sections of each structure (at their presently proposed elevations) will be submerged by the existing CITY OF FORT COLLINS 7 CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473.125 ponds at the downstream ends of the structures. At the proposed elevations the downstream ends (stilling sections) of the two spill structures will be submerged in several feet of water. The Timberline structure will be submerged about 1 foot by the existing pond at its downstream end. The Prospect Road structure will be submerged about 6 feet by the existing pond at its downstream end. We opine the structure locations will need to be surrounded by a ground water cutoff (slurry wall or sheet piling or similar cutoff) down to the claystone to dewater the site to construct the stilling sections "in the dry. The sheet piling would be driven to practical refusal in the claystone bedrock. There may be larger gravels and cobbles in the ground that we did not hit with our borings that could make driving sheet piles difficult and might compromise the "water cutting off' ability of the sheet piling. The slurry wall alternative will require selection of the appropriate slurry and design of that slurry. Both cutoff alternatives will require the construction of an embankment or causeway out in the ponds parallel to the spill structures for a "working platform" from which to install the sheet piling or the slurry wall. The ground water inside the cutoff would be pumped out until the ground water elevation is low enough that the stilling sections and lower ends of the chute sections can be constructed "in the dry". We expect It will be necessary to over - excavate the areas under the stilling sections and lower ends of the chute sections to remove organic matter, organic soils and ground disturbed during the excavation and dewatering operations. Special stabilization of the ground may be necessary after excavation and/or over -excavation is finished. Dewatering should be done in a manner that water will not be drawn up through the floor of the excavation, thus, destroying the strength of the ground in the excavation floor; will lower the ground water surface to at least 3 feet below the floor of the excavation; and hold the ground water surface down until the construction of the spill structures is completed. An alternative is to raise the elevations of the stilling sections to allow filling the areas of the ponds (without lowering the pond water surfaces) under the stilling sections and lower ends of the chute sections with rock graded large to small or pieces of concrete graded large to small until the fill surfaces are just above the pond CITY OF FORT COLLINS CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473.125 water surface elevations. The rock fill or pieces of concrete fill surface would be "choked" with a reasonablywill graded sand and gravel and then covered with a flow. fill layer. The rock fill or pieces of concrete fill should be extended about 6 feet beyond the and of the stilling section. The stilling sections and lower ends of the chute sections of the structures would be built on the surface of the "choked" rock fill or pieces of concrete fill surface which would be above water. We recommend the rock or pieces of concrete be reasonably well graded from a minimum of 3 inches particle size to a maximum of 24 inches particle size and be dumped Into the water and drifted out into the pond with a heavy caterpillar tractor (D- 8 or equivalent). After the rock fill or pieces of concrete fill is placed it should be compacted with at least 10 passes of a heavy, tractor towed, smooth drum, vibratory roller or heavy, self-propelled, smooth drum, vibratory compactor or until the rock fill or pieces of concrete fill stops consolidating and the surface stops settling. The pond end of the rock fill or pieces of concrete fill should be sloped at a 4:1 (horizontal:vertical). The material should be a reasonably well -graded sand and gravel with a minimum particle size of 0.5 inches to a maximum particle size of 3 inches. The material should be drifted into the rock fill or pieces of concrete fill surface with a heavy, caterpillar tractor and compacted with at least 5 passes of a heavy, tractor towed, smooth drum, vibratory roller or a heavy, self-propelled, smooth drum, vibratory compactor. The surface of the rock fill or pieces of concrete fill should be covered with a 4-inch layer of flow -fill to seal the surface and improve the surface as a working platform for placing the concrete block revetment section. The pond end of the flow -fill should be sloped at a 6:1 (horizontal:vertical) slope and extend at least 2 feet beyond the end of the concrete block revetment. We should observe the placement of the rock fill or pieces of concrete fill placement, operation and the placing of the flow -fill. Subsurface conditions will occur that were not revealed by our borings at the crest of the spill structures and not anticipated during design. There will be construction challenges not anticipated. These "surprises" are unavoidable and must be expected by the owner, design team, contract documents and the successful construction contractor. CITY OF FORT COLLINS 9 CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473-125 0 BACKFILL The on -site soils or similar off site soils that have a maximum particle size of 3 inches can be used to backfill cutoff walls. The backfill soils should be placed in 6- inch maximum loose lifts at 2 percent below to 2 percent above optimum moisture content and be compacted to at least 95 percent of standard, maximum dry density (ASTM D 698) with compaction equipment acceptable to the engineer. UNDER STRUCTURE DRAINAGE The concrete block revetment would be subjected to hydrostatic uplift if the water in the ponds were drawn down rapidly [0.5 (or more)1 foot in 24 hours]. The proposed crushed rock layer under the revetment will reduce or perhaps dissipate that pressure if it can drain to the surface of the revetment. We suggest weep holes or something like weep holes be installed through the revetment into the proposed crushed rock layer under the revetment to help relieve hydrostatic pressure under the revetment. WATER SOLUBLE SULFATES We measured water-soluble sulfate concentrations in 2 samples from the borrow area. Concentrations of water-soluble sulfates in the sample of man -placed fill were 1.6 percent and in the sample of natural silty sands was 0.024 percent. Typically, sands and gravels similar to those that underlie the spill structure sites have low concentrations of water-soluble sulfates. Sulfate concentrations less than 0.1 percent indicate Class 0 exposure to sulfate attack for concrete that comes into contact with the subsoils, according to the American Concrete Institute (ACI). For this level of sulfate concentration, ACI indicates any type of cement can be used for concrete that comes into contact with the subsoils. In our experience, superficial damage may occur to the exposed surfaces of highly permeable concrete, even though sulfate levels are relatively low. To control this risk and to resist freeze -thaw deterioration, the water-to-cementitious CRY OF FORT COLLINS 10 CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473-125 No material ration should not exceed 0.50 for concrete in contact with soils that are likely to stay moist due to surface drainage or high water tables. Concrete should be air entrained. Sulfate concentrations between 0.2 and 2 percent indicate Class 2 sulfate exposure, according to the American Concrete Institute (ACI). For soils with Class 2 sulfate exposure, ACI recommends using a cement meeting the requirements for Type V (sulfate resistant) cement or the equivalent, with a maximum water-to-cementitious material ratio of 0.45 and air entrainment of 5 to 7 percent. As an alternative, ACI allows a blend of any type of Portland cement and fly ash that meets the performance requirements (ASTM C 1012) of ACI 201. In Colorado, Type II cement with 20 percent Class F fly ash usually meets these performance requirements. The fly ash content can be reduced to 15 percent for placement in cold weather months, provided a water-to-cementitious material ratio of 0.45 or less is maintained. ACI also indicates concrete with Class 2 sulfate exposure should have a minimum compressive strength of 4500 psi. Sulfate attack problems are comparatively rare in this area when quality concrete Is used. Considering the range of test results, we believe risk of sulfate attack is lower than indicated by the few laboratory tests performed. The risk is also lowered to some extent by damp -proofing the surfaces of concrete walls In contact with the soil. ACI indicates sulfate resistance for Class 1 exposure can be achieved by using Type II cement, a maximum water-to-cementitious material ratio of 0.50, and a minimum compressive strength of 4000 psi. We believe this approach should be used as a minimum at this project. The more stringent measures outlined in the previous paragraph will better control risk of sulfate attach and are more in alignment with written industry standards. In our experience, superficial damage can occur to the exposed surfaces of highly permeable concrete, even though sulfate levels are less than 0.1 percent. To control this, the water to cement ratio should not exceed 0.52 for concrete In contact with soils which are likely to stay moist. CITY OF FORT COLLINS 11 CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473-025 LIMITATIONS We believe the geotechnical services for this project were performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the locality of the project. No warranty, express or implied, is made. If you have questions or when we can be of further service, please call. CTL I THOMPSON, INC. Frank J. Holliday, PE, CCE Senior Consultant FJH:bly (4 copies sent) 2 copies sent: Mr. Mark Klempton Anderson Consulting Engineers, Inc. 772 Whalers Way, Suite 200 Fort Collins, Colorado 80525 CITY OF FORT COLLINS 12 CACHE LA POUDRE RIVER CONTROLLED SPILL STRUCTURES CTL I T PROJECT NO. FC03473-125 SCALE: 1"=100' i i I EXTENTS OF NORTH SPILL PROJECT TH-9---. m 1 D 1'. l � � i 1 A TH-2 m • m \ \ I PROPERTY BOUNDARY �\ (TYP.) -------- � � \ i CITY OF FORT COLLINS CACHE LA POUDRE RIVER SPILL STRUCTURES FORT COLONS, COLORADO CTL I T PROJECT NO. FC03473-125 E. MULBERRY ST ✓SPILL L�CATION P� BROW AREA Z 1 S ILL LOCATION RNEJ RBNE PON05,-� ANATI.(ULfikkA% VICINITY MAP (FORT COLLINS AREA) NOT TO SCALE LEGEND: TH-1 INDICATES APPROXIMATE LOCATION • OF EXPLORATORY BORING Locations of Borings for Timberline Controlled Spill FIGURE 1 PROPOSED CREST OF SPILL STRUCTURE (by Anderson Conuting EngineerTH-1 ) El. --- 4,910 DQ 2 12 — 4,905 2 —4,895 4,890 TH-2 El. 4910 13112 r; :D 50/12 50/9 a- 0. 21/12; 50/9 'D e_ 4,910 _.. 4,905 -- 4,895 - -- �50/5 4,890 - APPROXIMATE ELEVATION OF SURFACE OF EXISTING POND AT TOE OF PROPOSED SPILL STRUCTURE LEGEND: MAN -PLACED FILL, CLAY, SANDY, GRAVELLY, MOIST, BROWN (CL)AND SAND, GRAVELLY, MOIST, BROWN (SP). ElSAND DENSE, GRAVELLY, WET, DARK BROWN (SP). 0D GRAVEL, VERY DENSE, SANDY, WET BROWN (GP). Q; 1� CLAYSTONE, VERY HARD, SANDY, MOIST, GRAY (BEDROCK). DRIVE SAMPLE.THE SYMBOL 12112 INDICATES THAT 12 BLOWS OF A 146POUND HAMMER FALLING 30INCHES WERE REQUIRED TO DRIVE A 2.54NCH O.D. SAMPLER 12 INCHES. �k: WATER LEVEL MEASURED ATTIME OF DRILLING. T WATER LEVEL MEASURED SEVERAL DAYS AFTER DRILLING. NOTES: 1, THE BORINGS WERE DRILLED ON APRIL 12. 2005 USING 4INCH DIAMETER CONTINUOUS -FLIGHT POWER AUGER MOUNTED ON A TRUCK. 2. ELEVATIONS ARE APPROXIMATE AND WERE TAKEN FROM A TOPOGRAPHY MAP FURNISHED BY THE ANDERSON CONSULTING ENGINEERS, INC. 3. THESE LOGS ARE SUBJECT TO THE EXPLANATIONS, LIMITATIONS AND CONCLUSIONS IN THIS REPORT. SUMMARY LOGS OF EXPLORATORY BORINGS Cl-iOFFORT COLLINS TIMBERLINE CONTROLLED SPILL GCFE L1 i'WCRE RIVER SPILL SIRI FES FORT COI IW. COLpUDO CTLI T CRO/ECT NO FCD Ira u FIG. 2 SCALE: 1"=100' LEGEND: TH-3 INDICATES APPROXIMATE LOCATION a OF EXPLORATORY BORING Em Locations of Borings for Borrow Area CITY OF FORT COLLINS CACHE LA POUDRE RIVER SPILL STRUCTURES FORT COLLINS, COLORADO CTL I T PROJECT NO. FC03473-125 FIGURE 3 21. What are the limits of your public liability? DETAIL What company? 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of , 20 Name of Bidder By: Title: State of County of being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 20 . Notary Public My commission expires 7/96 Section 00420 Page 3 ILA TH-3 El. 4904 TH-4 El. 4908 TH-5 El. 4910 THE El. 4908 TH-7 El. 4904 TH-8 EI. 4904 LEGEND: -4,910 4,910 .-....'. lion MAN-PLACEDFILL, CLAY, SANDY, SILTY, MOIST, BROWN (CL). ~i SAND, DENSE, SLIGHTLY SILTY, GRAVELLY, MOIST, BROWN (SM). -- 4,905 4v12 4,905 - GRAVEL, VERY DENSE, SANDY, MOIST TO WET, BROWN (GP). 2112 4. O 16/12 '0 Q: CLAYSTONE, VERY HARD, SANDY, MOIST, GRAY (BEDROCK). Cp 23/12 F 4,900 w 26/12:- >7 p_. Gp 1 V12 19/12 4,900 _-- - W DRIVE SAMPLE. THE SYMBOL 28112 INDICATES 26 BLOWS OF A 140-POUND HAMMER -': Q: swB Ctl fl , 50/12 LL FALLING 30 INCHES WERE REQUIRED TO DRIVE A2.5dNCH O.D. SAMPLER 121NCHES. o.- 0 �'cy DRIVE SAMPLE. THE SYMBOL 34/12 INDICATES 34 BLOWS OF 110-POUNO HAMMER m D' a� 50A O 00 ■ FALLING 301NCHES WERE REQUIRED TO DRIVE A2.OINCM O.D. SAMPLER 121NCHE5. 4,89$ _. :O 3//12 21 - .., 9 Q: d. 50112 L7.W �. 50/10 4.895 .... - Q- 50/11 " D- p - .. WATER LEVEL MEASURED AT TIME OF DRILLING, _ o a a' a • - O� .: L D' a t3 2 v� . a _--4,890 Q: song 0: 50/12 25112 4,890 .0. :..._.4.W5 4,885 ---� NOTES: 1. THE BORINGS WERE DRILLED ON APRIL 12, 2005 USING 44NCH DIAMETER CONTINUOUS-FUGHTAUGER AND A TRUCK -MOUNTED DRILL RIG. 2. ELEVATIONS ARE APPROXIMATE AND WERE TAKEN FROM A TOPOGRAPHIC MAP FURNISHED BY ANDERSON CONSULTING ENGINEERS, INC. 3. THESE LOGS ARE SUBJECT TO THE EXPLANATIONS, LIMITATIONS AND CONCLUSIONS IN THIS REPORT. SUMMARY LOGS OF EXPLORATORY BORINGS BORROW AREA Cil off RT: Ll. G: E U C G.E 5% SlRVC11;gE5 roar couws. cmo E .'. TMOJECTr r=...... FIG. 4 SCALE: 1'=100' PROJECT CITY OF FORT COLLINS CACHE LA POUDRE RIVER SPILL STRUCTURES FORT COLLINS, COLORADO CTL I T PROJECT NO. FC03473-125 OF SOUTH SPILL LEGEND: TH-9 • INDICATES APPROXIMATE LOCATION OF EXPLORATORY BORING Locations of Borings for Prospect Road Controlled Spill FIGURE 5 PROPOSED CREST OF SPILL STRUCTURE (by Anderson Consulting Engineers) TH-9 El. 4900 4,900 4,895 ..... 4,890 �I wr LL" w'-_. 4.885 4,880 4,875 CITY OF FORT COL JNS C HE Ln POi1ORF. G,VfA SPI'1 Sl.JCTJftES FORT COLLINS, COLORADO CTLI IVHOJECT NO, 1C 71,Os SOl9 i APPROXIMATE ELEVATIOl OF SURFACE OF EXISTING POND AT TOE OF PROPOSED SPILL STRUCTURE TH-10 El. 4900 2v -"-- 4,900 43H2 4,895 ---''. 42112 ---4,890 --' Iw LL Z 4 28112 -� 4,885 50/5 4,880 -• 5W4 4,875 7 LEGEND: ®0 GRAVEL, VERY LOOSE, SANDY, MOIST TO WET, BROWN (GP), D. BCLAYSTONE, VERY HARD, SANDY, MOIST, GRAY, (BEDROCK). DRIVE SAMPLE.THE SYMBOL 5014 INDICATES THAT 50 BLOWS OF A 140-POUND HAMMER FALLING 30 INCHES WERE REQUIRED TO DRIVE A 2.5-INCH O.D. SAMPLER 41NCHE8. L DRIVE SAMPLE.THE SYMBOL 32112 INDICATES THAT 32 BLOWS OF A 140-POUND HAMMIER r■ FALLING 30 INCHES WERE REQUIRED TO DRIVE A 2.04NCH O.D. SAMPLER 12 INCHES. SC WATER LEVEL MEASURED AT TIME OF DRILLING. Z WATER LEVEL MEASURED SEVERAL DAYS AFTER DRILLING. NOTES: 1. THE BORINGS WERE DRILLED ON APRIL 12, 2005 USING 6-INCH DIAMETER; HOLLOW CONTINUOUSTFLIGHT POWER AUGER MOUNTED ON A TRUCK. 2. ELEVATIONS ARE APPROXIMATE AND WERE TAKEN FROM A SECTION THROUGH THE PROPOSED SPILL STRUCTURE FURNISHED BY ANDERSON CONSULTING ENGINEERS, INC. 3. THESE LOGS ARE SUBJECT TO THE EXPLANATIONS, LIMITATIONS AND CONCLUSIONS IN THIS REPORT. SUMMARY LOGS OF EXPLORATORY BORINGS PROSPECT ROAD CONTROLLED SPILL FIG. 6 sm DIAMETER OF PARTICLE IN MILLIMETERS Sample of CLAY, SANDY (PLY GRAVEL p % SAND 38 % From Composite sample of sandy clay cuttings from SILT & CLAY 62 % LIQUID LIMIT 32 % TH-3, TH-4, TH-5, TH-6, TH-7, ad T nH-8 PLASTICITY INDEX 19 % aample or SAND, SILTY (SM) GRAVEL 21 % SAND 58 % From Composite sample of silty sand cuttings from SILT & CLAY 21 % LIQUID LIMIT NP TH-3, TH-4, TH-5, TH-6, TH-7, and TH-8 PLASTICITY INDEX NP % Gradation Test Results FIG.7 CTL I T PROJECT NO. FC03473-125 140 135 130 125 120 LL V EL 115 Z O tr G 110 105 100 95 - r ----------- -- - - --- -- - -- - - : . ............. SAMPLE 1 - ... . . .. ........ .. MAXIMUM DRY ----.. -•--- ........... -;-- ------ -' 106.0 PCF ----- -- - ------ ----- -�-- ----- -�---• ---, '----� OPTIMUM MOISTURE -; ...... ..... ..........' ; - 17.5 %DRY WEIGHT I - -- - ZERO AIR VOIDS SPECIFIC GRAVITY = 2.7 _.. .._. - i I I i ... ... = : -?--- ---- ' : : ; , r ' i i i i i I 0 5 10 15 20 25 30 35 MOISTURE CONTENT - % Sample Description Clay, Sandy (CL) LIQUID LIMIT 32 Rio PLASTICITY INDEX 19 % Location Composite sample of clay cuttings from GRAVEL 0 % TH-3, TH-4, TH-5, TH-6, TH-7 and TH-8 SAND 38 % Compaction Test Procedure ASTM D 698-91 SILT AND CLAY 62 pro METHOD A CTL I PROJECT NO. FC03473-125 Compaction Test Res U Its Figure 8 140 135 130 125 120 LL V a N 115 'Z, W t� Q.' f3 110 105 100 95 ' ... .... - 1, r . r a_... SAMPLE 2 ;.. MAXIMUM DRY -- - ------ - i - 134.5 PCF i r . i .r.. ---.;- -'OPTIMUM MOISTURE --- '-- -- - - ' r r r . r r -- -- . • 1 % DRY WEIGHT r r r . r r r r . J r -' - ....: . r r r -. ZERO AIR VOIDS SPECIFIC GRAVITY = 2.8 r . - - _ , r r r r r r. {, : I r r r r r r , ff r r r r r r I I i i I I r I 1 0 5 10 15 20 25 30 35 MOISTURE CONTENT - % Sample Description Sand, Silty (SM) LIQUID LIMIT NP Rio PLASTICITY INDEX NP % Location Composite sample of silty sand cuttings from GRAVEL 21 % TH-3, TH-4, TH-5, TH-6, TH-7 and TH-8 SAND 58 % Compaction Test Procedure ASTM D 698-91 SILT AND CLAY 21 % METHOD B CTL I T PROJECT NO. FC03473-125 Compaction Test Res U Its Figure 9 TABLE I SUMMARY OF LABORATORY TEST RESULTS BORING NO. DEPTH FEET NATURAL MOISTUREDENSITY % NATURAL DRY PCF ATTERBERG LIQUID LIMIT °k LIMITS PLASTICITY INDEX % SOLUBLE SULFATES SOIL TYPE TH-3 TH-4 4 4 4.3 3.7 96-1 0.024 SAND, SILTYISM) SAND SILTY SM TH-5 4 7.5 CLAY, SANDY CL TH-7 4 12.3 1.6 CLAY SANDY CL TH-8 4 11.1 102 CLAY, SANDY CL COMPOSITE SAMPLE SAMPLE 1 SAMPLE 2 1 1 NP I NP I ICLAY. ISAND, SANDY CL SILTY SM CTL I T PROLECT NO. FC03473-125 Page 1 of 1 01310 PROJECT MEETINGS 01320 CONSTRUCTION SCHEDULES 01330 SUBMITTALS 01425 STANDARD REFRENCES 01450 MATERIALS TESTING 01555 TRAFFIC REGULATION 01635 SUBSTITUTIONS AND PRODUCT OPTIONS 01650 MATERIAL DELIVERY, STORAGE, AND HANDLING 01710 SITE CONDITIONS 01715 TREE, LANDSCAPE, VEGETATION, AND WETLAND PROTECTION 01720 FIELD ENGINEERING AND SURVEYING 01745 ENVIRONMENTAL CONTROLS 01780 CONTRACT CLOSE-OUT C "IF >~.L07: w4m_fl 4IMI TOI.rLl 02230 CLEARING AND GRUBBING 02235 NATIVE SOIL 02236 TOPSOIL 02240 WATER CONTROL AND DEWATERING 02315 EXCAVATION AND EMBANKMENT 02370 EROSION AND SEDIMENT CONTROL 02371 GEOTEXTILE FABRIC FOR CONCRETE BLOCK REVETMENT 02375 RIPRAP 02376 CONCRETE RUBBLE 02700 CONCRETE BLOCK REVETMENT SYSTEM SPECIFICATIONS FOR OVERTOPPING APPLICATIONS 02921 GROUND PREPARATION FOR SEEDING DIVISION 3 - CONCRETE 03110 STRUCTURAL CAST -IN -PLACE CONCRETE FORMS 03210 REINFORCING STEEL 03310 STRUCTURAL CONCRETE 03320 CONSTRUCTION JOINTS 03350 CONCRETE FINISHING 03390 CONCRETE CURING 03615 GROUT APPENDIX A GEOTECHNICAL ENGINEERING REPORT 07/2001 Section 00020 Page 2 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 150 of the contract. ITEM 7/96 SUBCONTRACTOR Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: TO: PROJECT: 5998 LPATH Berm Erosion Protection Measures OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated , 20 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for Bid 5998 LPATH Berm Erosion Protection Measures; The project includes the removal of existing fence, the removal of existing trees and concrete rubble, and the installation of erosion control measures. The project also includes the excavation and transportation of fill material and the placement of fill material. The installation of concrete block revetment mats, the installation of concrete sills, buried riprap, and the preparation of all disturbed areas for revegetation. The Price of your Agreement is 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 , 20 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 OWNER to consider your Bid abandoned, declare your Bid Security forfeited. within the time specified will entitle to annul this Notice of Award and to 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. By: City of Fort Collins OWNER James B. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (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 LPATH Berm Erosion Protection Measures, Bid 5998, The project includes the removal of existing fence, the removal of existing trees and concrete rubble, and the installation of erosion control measures. The project also includes the excavation and transportation of fill material and the placement of fill material. The installation of concrete block revetment mats, the installation of concrete sills, buried riprap, and the preparation of all disturbed areas for revegetation and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Anderson Consulting Engineers Inc., who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete March 23, 2007 as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions March 30, 2007. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) 9/12/01 Section 00520 Page 1 CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Seven Hundred Fifty Dollars ($750) for each calendar day or fraction thereof that expires after March 23, 2007 the day for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after March 30, 2007 the day for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in 9/12/01 Section 00520 Page 2 paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 950 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 evtent of the Contract Cocuments, 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 evplorations 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 evaminations, investigations, evplorations, 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 Cocuments, including specifically the provisions of paragraph 4.2 of the General Conditions: and no additional evaminations, investigations, evplorations, tests, reports, studies or similar information or data are or will be reouired by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Cocuments with respect to evisting Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional evaminations, investigations, evplorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be reouired 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 9/12/01 Section 00520 Page 3 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: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4Consent 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: 9/12/01 Section 00520 Page 4 .C=;� I ':G .t.-_C,.I: r..T L, t,_JJT YLf'.L= LIE J , _ C. I_i. .r L F 1ol Il. I" . �V _ LAN .� /. .,A" �4 3;R _G)W 1 T,,— LI` I I,)N "'I AN ,._1 i-1 T:N , PLAN ; - .. ',. I j I` .�:I!11 ANc} 'r;;;l. '\I.,.-i`i I` :r"�fJ The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers to , 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. 9/12/01 Section 00520 Page 5 OWNER: CITY OF FORT COLLINS By: JAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date: Attest: City Clerk Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as to Form Assistant City Attorney CONTRACTOR: By: Title: Date: (CORPORATE SEAL) Attest: Address for giving notices: LICENSE NO.: 9/12/01 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 5998 LPATH Berm Erosion Protection Measures To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be , and , 20, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: By: Title: 7/96 Section 00530 Page 1 SECTION 00020 INVITATION TO BID 07/2001 Section 00020 Page 3 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 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) 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 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 day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 5998 LPATH Berm Erosion Protection Measures. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of , 20 IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) Principal (Title) (Address) Other Partners By: By: Surety By: By: (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) 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 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 day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 5998 LPATH Berm Erosion Protection Measures. 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. 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of , 20 IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) NOTE Principal (Title) (Address) Other Partners Surety By: By: (Address) Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 5998 LPATH Protection Measures Berm Erosion PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. 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 substantially complete and will assume full possession of th specified area of the project at 12:01 a.m., on responsibility for heat, utilities, security, and insurance under Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: 7/96 project as project or The the Contract AUTHORIZED REPRESENTATIVE DATE Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: You are hereby notified that on the day of Fort Collins, Colorado, has accepted for the City of Fort Collins project, 5998 Measures. 20 20_, the City of the Work completed by LPATH Berm Erosion Protection A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: 5998 LPATH Berm Erosion Protection Measures 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants 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 7/96 Section 00650 Page 1 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 CONTRACTOR Sm 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. My Commission Expires: Notary Public 7/96 Section 00650 Page 2 SECTION 00020 INVITATION TO BID Date: SEPTEMBER 25, 2006 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 OCTOBER 10, 2006, for the LPATH Berm Erosion Protection Measures ; BID NO. 5998. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of LPATH Berm Erosion Protection Measures; The project includes the removal of existing fence, the removal of existing trees and concrete rubble, and the installation of erosion control measures. The project also includes the excavation and transportation of fill material and the placement of fill material. The installation of concrete block revetment mats, the installation of concrete sills, buried riprap, and the preparation of all disturbed areas for revegetation. Questions concerning the scope of the bid should be directed to Project Manager Jin Wang, (970) 221-6605 X7733. Questions regarding bid submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. 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. Contract Documents will be available September 28, 2006. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m., on October 5, 2006, at 215 N. Mason St., Conference Room 2E in Fort Collins. 07/2001 Section 00020 Page 1 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 5998 LPATH Berm Erosion Protection Measures CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) IN ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (309) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuantto Statute Section 39-26.114(1)(a)PM The exemption certificate for which you are applying trust 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 tothe purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part oft he structure, highway, road, street, or other public works awned and used by the exempt organization. Any unauthorized use oft he 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. RegistratlorJAccou t No. to be assigned by perpd 89 - 0170-750 (999) 50.00 , s fade ❑ane er, partner or corpore a name ailing address(City, late, IpContact Person E Mail address: Federal Employer's Identification Number. inBd amount for your contract, ax um er. ` Business lelephone number: o ora o wit o Ong tax amount num er. .Ccspteff of �ann�ettrr graffrgeht°pagaff (4) itlintli rift f,ft r�- 8 + 'an5t ,t)aanfeining signdi aff of aWltradf ng partiesm otliei loot Name of exempt orgarrzatlon jab shown on con act) Exempt organization s number. 98 - Address o exempt organization (City. late, Ip): rincipal contact at exempt organization rincipal contact's telephone num er Physical location of project site (give actual address when applicable and ulbes ando, Cvur ity {ies) where project is located) Scheduled Wath Day ear consimaion slap date: wmpleo ml ay Year completio n dale- I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge Signature re of owner, partner or corporate officer Tite of corporate othcer a e: ++ran1Z pCLV" inrJ LINIL Section 00670 Page 1 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 exam ption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime 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 succeed- ing 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 00670 Page 2 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) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 1. DEFINITIONS... ........ 11 ................ ........... 1 2. PRELIMINARY MATTERS 3 1.1 Addenda ....................... I................. ...1 2.1 Delivery of Bonds........... 3 1.2 Agreement.._ ........ .. ............................ 1 2.2 _....... I .... Copies of Documents .....................3 .. L3 Application for Payment,,.,_ ................ 1 23 Commencement of Contract 1.4 Asbestos ................... ......................... 1 Times; Notice to Proceed 3 1.5 Bid ,,......_ ...... 1 2.4 Starting the Work ... ,........ ... 3 1.6 Bidding Documents ...... ....... _,..___.....1. 2.5-2.7 Before Starting Construction; 1.7 Bidding Requirements, ........ ...... _........ CONTRACTOR'sResponsibility L8 Bonds.., ,... ,..___,__, 1 to Report, PreliminarySchediles; 1.9 Change Order ........ ......... _. 1 Delivery of Certificates of 1.10 Contract Documents 1 Insurance 3_ 1.11 Contract Price ......................_. 1 2.8 PreconstructionConfer ence 4 1.12 Contract Times ...... _............... 1 2.9 Initially Acceptable Schedules ..._...... 4 1.13 CONTRACTOR .................................. 1 1.14 defective ...... ...... .................. .............1 3. CONTRACT DOCUMENTS: INTENT, 1.15 Drawings..... . ........................... .1 AMENDING, REUSE .............................. L16 Effective Date of the Agreement ............ 3.1-3.2 Intent.._...._ ................._. 4 1.17 ENGINEER ....... 1 3.3 Reference to Standards and Speci- 1.18 ENGINEERs Consultant ,........... ,........ I fications of Technical Societies; 1.19 Field Order _.......,__........_I..... 1 Reporting and Resolving Dis- L20 General Requirements ...... ................. _2 crepancies ................ 4-5 1.21 Hazardous Waste _.,._.,. . . ......2 3.4 Intent of Certain Terms or 122.a Laws and Regulations; Laws or Adjectives... ....................... - ....... Regulations ........................... _.......... 2 3.5 Amending Contract Documents _5 1.22.b Legal Holidays ........................... 2 3.6 ..... Supplementing Contract _...5 1.23 Liens.........._._,._ ..............................2 Documents .........................._.......5 1.24 M]estone............................................2 3.7 Reuse of Documents 5 1.25 Notice of Award..,.,.,,_.............._....-...2 ...... .................... .................... 1.26 Notice to Proceed .............. ...... 2 4, AVAILABILITY OF LANDS; 1.27 OWNER ..,._...................... ............ _..2 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization.... _..._..._................2 REFERENCE POINTS.........__...„__.................._5 PC'Bs_,,,.__........._....... .-_...............2 4.1 Availability of Lands ................. L30 Petroleum_„_.............................._..2 4.2 _..5-6 Subsurface and Physical 1,31 Project.................._._......-...............2 Conditions........................... 1.32.a Radioactive Material ....._.._........._......2 4.2.1 ......1.6 Reports and ...... 1. 1,32b Regular Working Hours ........ ,,,........... 2 4.2.2 Lim itedReliance byCONTRAC- 1.33 Resident Project Representative...,_,.....2 TOR Authorized; Technical 1,34 Samples., ...... ............... ........ ..._.....2 Data._................................. 6 5 Shop Drawings. _.................. ... 2 423 Notice of Differing Subsurface 136 Specifications ....,... 2 or Phvsical Conditions 6 137 Subs;ontractor„.......... .. _......- ._.._ 4.2.4 ENGINEER's Review 6 138 Substantial Completion,_, .......... 2 4.2.5 ........................ Possible Contract Documents 139 Supplementary Conditions, ..... _.......... ..2 Change ....................... 1.40 Supplier ........ _._. .............................. . 2 4.2.6 _..._.........6 Possible Price and Times L41 Underground Facilities ...................... Adjustments ....................... 6-7 1.43 Unit Price Work......___........,, 3 4.3 ....... Physical Conditions --Underground 1.43 Work ,,.. ..3 Facilities._ 7 1.44 Work Change Directive,.,. .......3 4.3.1 Shown or Indicated 1A5 Written Amendment, . _ 3 432 ....____.......___...7 Not Shown or Indicated ..................... 7 4.4 Reference Points................................ 7 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS IREV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures; CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material ................... 7-8 to Shop Drawing or Sample Submittal ...................................16 5. BONDS AND INSURANCE „...... R 6,26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 Bonds ......................................... . S 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers, From Contract Documents 17 Certificates of Insurance .................... 8 6.28 ............ Related Work Performed Prior 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance ........ .................... ............ 9 Approval of Required 5.5 OWNERsLiability Insurance .............9 Submittals..,,......._............._.......17 5.6 Property Insurance ............ __...,_,,,,9-10 6.29 Continuing the Work 5.7 Boiler and Machinery or Addi- 6.30 ..................__17 CONTRACTOR's General tional Property Insurance.................10 Warranty and Guarantee,,......... .............. 5.8 Notice of Cancellation Provision..... .... 10 6.31-6.33 Indemnification 17-18 5.9 CONTRACTOR'sResponsibility 6.34 ........................ Survival of Obligations_ .... _........ I . _18 for Deductible Amounts .................... 10 5.10 Other Special Insurance_.............._...10 7. OTHER WORK............................................... 18 5.11 Waiver of Rights .................. ........ 11 7,1-7.3 Related Work at Site 18 5.12-5.13 Receipt and Application of 7.4 ........................ Coordination,. _.................... Insurance Proceeds ...................... 10-11 5.14 Acceptance of Bonds and Insu- S. OWNER'S RESPONSIBILITIES 18 ante; Option to Replace....................11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR 18 Insurance., .......... ........................ 11 8.2 Replacement of ENGINEER ............ 18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES .............11 When Due..........................__..,,18 6.1-6.2 Supervision and Superintendence....... 11 8.4 Lands and Easements, Reports 6.3-6.5 Labor, Materials and Equipment .,.]]-12 and Tests .................... 18-19 6.6 Progress Schedule.... ................_.._.,..12 8.5 Insurance_.... 19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders., 19 CONTRACTOR's Expense; 8.7 Inspections, Tests and Substitute Construction Approvals.... ._.._...__.. 19 Methods or Procedures, 8.8 Stop or Suspend Work; ENGINEER's Evaluation.............12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services ..,_....._, 19 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights. .................. ._...13-14 Responsibilities ...................... 6.12 Patent Fees and Royalties....._.............14 8.10 Asbestos, PCBs, Petroleum, .19 6.13 Permits.,,.,..__... _.,,,_.....,.,.-. 14 Hazardous Waste or 6.14 Laws and Regulations.... ........ 14 Radioactive Material 19 6.15 Taxes...__... . ,......._.............. __ .....14-15 8.11 Evidence ofFinancal 6.16 Use of Premises .................................15 Arrangements ..... ........ 6.17 Site Cleanliness......_ 15 _..............19 6.18 Safe Structural Loading.... .............. 15 9 ENGINEERS STATUS DURING 6.19 Record Documents .... ,,._........ _1......... 15 CONSTRUCTION...__...._ 19 6.20 Safety and Protection...__ ........ _... 15-16 9.1 OWNER's Representative. l9 6.21 Safely Representative....., _..... 16 22 . Visits to Site 622 Hazard Communication Programs,.._,. 16 9.3 Project Representative 19-21 6.23 Emergencies..__..._ .. .............._,_ .16 94 Clarificationsand Interpre- 624 Shop Drawings and Samples ....... 16 tations 21 9.5 Authorized Variations in Wrk �I EJCDC GENERAL CONDITIONS 1910-811990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title Page Number 9.6 Rejecting Defective Work .................. 21 13.8-13.9 Uncovering Work atENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request .............. ........ 27-28 and Payments ........... ..._,,21 13.10 OWNER May Stop the Work„_ ........ 28 9.10 Determinatiais for Unit Prices 21-22 13.11 Correction or Removal of 9.11-9,12 Decisions on Disputes; ENGI- Defective Work ...........................28 NEER as Initial Interpreter,_...........22 1112 Correction Period...._,„ . 2$ 9.13 Limitations on ENGINEER'S 13.13 Acceptance ofDefective Work.„...._28 Authority and Responsibilities..... 22-23 13.14 OWNER May Correct Defective Work ..................................... 28-29 CHANGES IN THE WORK 23 10.1 OWNER'S Ordered Change .... ........ _...23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment_...................._23 COMPLETION29 103 Work Not Required by Contract 14.1 Schedule of Values,._.....................29 Documents ................ ..................... 14.2 Application for Progress 10.4 Change Orders......... _............_....-...23 Payment ........ ...... III— ................29 10.5 Notification of Surety .................. .....23 14.3 CONTRACTOR'S Warranty of Title ........................................... 29 CHANGE OF CONTRACT PRICE ... .......... .............. ,23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments... ....... ...... 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion ................ 30 the Work 23-24 14.10 Partial Utilization 30-31 11.4 Cost of the Work .....,,,,,___.___,,,.,24-25 14.11 Final Inspection.__. _......................31 11.5 Exclusions to Cost of the Work.... _. 25 14.12 Final Application for Payment_.......31 1L6 CONTRACTOR'S Fee...._......._._.....25 14.13-14.14 Final Payment and Acceptance...,_..31 11.7 Cast Records 25-26 14.15 Waiver of Claims 31-32 11.8 Cash Allowances..............................26 11.9 Unit Price Work ................................. 26 15. SUSPENSION OF WORK AND TERMINATION ................ _........................ _... 32 CHANGE OF CONTRACT TIMES ...........................26 15.1 OWNER May Suspend Work.._.._,.„32 12.1 Claim for Adjustment ........................26 15.2-15A OWNER May Terminate......_.,,,_..32 12.2 Time of the Essence ,_....,,,.._....._.,,.._26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORS Work or Terminate, .... .......... 32-33 Control ....................................... 26-27 12.4 Delays Beyond OWNER'S and 16. DISPUTE RESOLUTION .... .... ...................33 CONTRACTOR's Control ................. 27 17. MISCELLANEOUS .............. _...................._.....33 TESTS AND INSPECTIONS; CORRECTION, ITI Giving Notice................................33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times....................33 DEFECTIVE WORK 27 17.3 Notice of Claim 33 13.1 Notice of Defects 27 17.4 Cumulative Remedies 33 13.2 Access to the Work....................... ....... 27 17.5 Professional Fees and Court 13.3 Tests and Inspections, Costs Included...... ... ................... 33 CONTRACTOR's Cooperation,........ 27 17.6 Applicable State Laws ............... 33-34 13A 01VNER's Responsibilities, Intentionally left blank ..................... ... .............35 Independent Testing Laboratory ....... 27 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities..........................27 Dispute Resolution Agreement, ............. 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration... ... ..... GC -Al tion, Testing orApproval ..,.._.___.,27 16.7 Mediation..._. _...... iv EJODC GENERAL CONDITIONS 1910-8 (1990 EDITION) wI CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Port Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance ........................................ 5.14 defective Work ............. ...... ...... _.10.4.1, 13.5, 13.13 final payment ............... ............ .........._.,9,12, 14.15 insurance_. _, ,. ........................................ 5.14 other Work, by CONTRACTOR . „. _., ...................._,...7.3 Substitutes and "Or -Equal" Items .......... ___..... 6.7.1 Work by OWNER ................ _....... _ 2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities..... _ ......................... .............. 4.1 site, related Work...............................................7.2 Work, ................................ .. ....13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions -- CONTRACTOR ......... _........................6.9.1, 9,13.3 ENGINEER..........................................6.20, 9.13.3 OWNER................_.......................__......6.20, 8.9 Addenda --definition of (also see definition of Specifications) ,....... (L6, 1.10, 6.19), 1.1 Additional Property Insurances ........... I .............. ,....... 5.7 Adjustm ents-- Contract Price or Contract Times... ..........._..._......1.5, 3.5, 4.1, 4.3.2, 4.52, ......... ................ 4.5.3, 9.4, 9.5, 10.2-10A, .......... ............... .._....... ...11, 12, 14.8, 15.1 progress schedule ................................. .. _...._ .... 6.6 Agreem ent-- definition of...._ 12 "All -Risk" Insurance, policy form.... I ...... .. ..... 5.62 Allowances, Cash ...... _ ................................. 11.8 Amending Contract Documents._..,_,..__ ....... ._ 3.5 Amendment, Written-- ingeneral ....... _....... 1,10, 1.45, 3.5, 5.10, 5,12, 6.6.2 0.8.16.19, 10.1, 10.4, 1L2 .................................... 12.1, 13.12.2, 14.7.2 Appeal. OWNER or CONTRACTOR intent to ........ __.... _....... _.9.10, 9.11, 10.4, 162, 165 Application for Payment -- definition of ....._......_._ . 13 ENGINEER'sResponsibility ................. ._, 9.9 final payment, .................. 9.13.4, 9.13.5, 14.12-14 15 in general... ........ ........_' 8, 2.9, 5.6.4, 9.10, 15.5 progress payment.......................................14.1-14.7 review of ...................... ............................ .I4.4-14.7 Arbitration ................................. ..................... 16.1-16.6 Asbestos— claim s pursuant thereto.. _ .... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work _,.,..4.5.2 definition of ..............._........................___....._. 1.4 v Article or Paragraph Number OWNER responsibility for ............ ........... _ _ 4.5. I, 8.10 possible price and times change .............. ....._,,.4.52 Authorized Variations in Work_..,,,,.. 3.6, 6.25, 6.27, 9.5 Availability of Lands..........................................4.1, 8.4 Award, Notice of --defined...._...__, ...... _. _._.,._..._._,1.25 Before Starting Construction,._.,.,. __ ___ 2.5-2.8 Bid --definition of.. ... ....... _,,... .... .5 (1.1, 1.10, 2.3, 3.3, ........................ 4.2.6.4, 6,13, 11.4.3, 11.9.1) Bidding Documents --definition of ....1.6 (6.8.2) Bidding Requirements --definition of ....... ....... ............. ............ 1.7(1.1,4.2.62) Bonds -- acceptance of .................................................5.14 additional bonds .......................... ....... 10.5, 11.4.5.9 Cost of the Work....... _............. _..................... ] l .5.4 definition of ......................... ............................1.8 delivery of...................................................2.1, 5.1 final Application for Payment .................14.12-14.14 general ...................................... 1.10, 5.1-5.3. 5.13, _ ..........................9.13, 10.5, 14.7.6 Performance, Payment and Other.. .................5.1-5.2 Bonds and Insurance --in general ............. .............._-, 5 Builder's risk "all-risk" policy form........,, ............. 5.6.2 Cancellation Provisions, Insurance.,.,.... 5.4.11, 5.8, 5.15 Cash Allowances ................. ........ _.....................,1 L8 Certificate of Substantial Completion ........ 1,38, 6.30.2.3, _...................._..............,14.8, 14.10 Certificates of Inspection_._.,,._.._..,., 9,13.4, 13.5, 14.12 Certificates of Insurance ............. 2.7, 5.3, 5A.11, 5.4.13, .......... I .......... - 5. 6.5, 5. 8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances,,.._.... ............... .. I LS claim for price _.. adjustment,.,,__..., 4.1, 4. 6, 4.5, 5.15, 6.8.2, 9.4 _.... I ...... .5, 9.11, 10 2, 10.5, 11 2, 1:3.9, ........ .__..._...._13.13, 1114, 14.7, 15 1, 15.5 CONTRACTOR's fee..-.. ............................ 1 L6 Cost of the Work general ................... _..........................1 1,4-11.7 Exclusions to ..... ............. _.._._ .............. 11.5 Cost Records ................................... _...............1.1.7 in general ...... ....... .19, 1,44, 9,11, 10.4.2, 10A 3. 11 Lump Sunt Prlcitg.. ..... 11.3.2 Notification of Surety ,_.,,.. 10.5 Scope. of, ._-._..._. _. 10.3-10.4 Testing and Inspection, Uncovering the Work...... _.......................... 13.9 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w! CITY OF FORT COLLINS MODIFICA'noNs (REV 9/99) Unit Price Work, ...... ­ ............................. ­11.9 CONTRACTOR's Fee ... ­ ... I ........ ........ ..... . �. 11.6 Article or Paragraph Number Value of Work 11.3 Change in Contract Times -- Claim for times adjustm ent ........ 4.1, 4.2.6, 45, 5.15, .... ...... 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, * ­ ' 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits 12.2 Delays beyond CONTRACTORS control. . . .... ...... I. I—- ..... .­ ....... - . ..........12.3 Delays beyond OWNER's and CONTRACTOR's control . ....... I ...... ­11 ........12.4 Notification of surety ............. ........................ ­M5 Scope of change, _.... ,. ,, _..................... 10.3-104 Change Orders -- Acceptance of Defective Work.. _.... ...... .......... 13,13 Amending Contract Documents .......................... 15 Cash Allowances 11.8 Change of Contract Price ............................. ........ 11 Change of Contract Times ..... I .................... ... .12 Changes in the Work 10 CONTRACTOR's fee.... I ........ ......... .......... 11.6 Cost of the Work. ...... I 14-11.7 Cost Records. ..... JL7 definition of_........__............_._ ............ 1.9 emergencies ......... ............... ................. ......... 6.23 ENGINFER's responsibility ....... 9.8, 10.4, 11,2, 12.1 execution of, ........ ....... ... ........... .............. 1.110.4 Indemnifiction ........ ........... .... 6 12,6.16, 6.31-6.33 Insurance, Bonds and ........................ 5.10, 5.13, 10.5 OWNER may terminate ........ ..... ­ ... ......... 1.5.2-15.4 OWNERS Responsibility...,,,,_._ .............8.6, 10.4 Physical Conditions -- Subsurface and 4.2 Underground Facilities--..... ... - ......... .... 4.3.2 Record Documents 6.19 Scope of Change ............ ....................... .10.3-10.4 .Substitutes 6.7.3, 6.8.2 Unit Price Work 1L9 value of Work, covered by, ... ....... ........ 11.3 Changes in the Work * lo Notification of surety,,.,.....,__ 10.5 OWNFRs and CONTRACTOR's responsibilities ...... I I ­.. I.. I... . ........ .... WA Right to an adjustment ..................... ...... .... 10.2 Scope of change......... .............. ... 10.3-10.4 Claims -- against CONTRACTOR....__...._ ..... ..... ... & 16 against ENGINEER 6.32 against OWNER........_............__ .. .... ...... . � I - ­6.32 Change of Contract Price„__......., .......... _ ......... _9.4, 11.2 Change of Cmn act Times ..... _ . ........ ... 9A, 12.1 CONTRACTOR's.-.... ...... 4, 7.1, 9 4, 9.5, 9 11, 102, 11 2, 11 .9, 12.1, 13,9, 14,82 .... . ... ....... Vi 15.1, 15.5, 17.3 Article or Paragraph Num ber CONTRACTOR's liability_........ 5.4,6.12,616,631 Cost of the Work . ....... 1.1- ..... I ............. 11.4,11.5 Decisions on Disputes ........................ ­ I ... 9.11,9.12 Dispute Resolution,,,.._....................................16.1 Dispute Resolution Agreement .................... 161-16.6 ...... ENGINEER as initial interpretor ......... .1, . 9.11 Lump Sum Pricing ............................. 11.3.2 Notice of 17.3 OV*FNFRs . .... ............ 9A 9.5, 9.11, 10.2, 11.2, 11.9 ....... 12.1, 13.9, 13.13, 1114, 17.3 OWNER'S liability ......... ........... ................ I I - 1. ­.5.5 OWNER may refuse to make payment. 14.7 Professional Fees and Court Costs Included IT5 request for formal decision on .... ........... ..... 9.11 Substitute Items 6.7.1.2 Time Extension 111 Time requirem ents; ....... 12.1 Unit Price Work Value of- ......... ...... ....... ...... ................ 1.1.3 Waiver of --on Final Payment__.....,..._ ,..14.14, 14.15 Work Change Directive ..... ...... .._...10.2 written notice required., ...... .. _..:9.11, 11. 2, 12.1 Clarifications and Interpretations.........._. 3.6.3, 9.4, 9.11 Clean Site 6.17 Codes of Technical Society, Organization or Association.... � .............................................3.3.3 Commencement of Contract Times, ....... ............ ...... 2.3 Communications -- general ... . ........ ..... .......... ............. ... 6.2, 6.9.2, 8.1 Hazard Communication Programs;-, ........ . ........ 622 Completion -- Final Application for Payment .... .............1.4.12 Final Inspection, ....... ­ .... ­ .... I., .. ....... I—, ...... J 4, 11 Final Payment and Acceptance.. Partial Utilization 14.10 Substantial Completion ............... ...... L38, 14.8-14.9 Waiver of Claims.... 14.15 Computation of Times ... .... ...... _ .............. 17.2.1-IT2.2 Concerning Subcontractors, Suppliers and Others 68-6.11 Conferences -- initially acceptable schedules ...... preconstructi on, . ..... _ . . ............. ........ 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report..., ........ ...... 2.5, 3.3.2 Construction, before starting by CONTRACTOR,- ..... 2,52.7 Construction Machinery, Equipment, etc, ...... ........... 6A Continuing the Work.... 629, 10.4 Contract Documents -- Amending........................ ...... .................. ..... 15 Bonds EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w,'CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) The Contract Documents and Construction Drawings may be examined online at: 1. City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.jsp 2. Mercury-LDO Reprographics: www.mercury-ldo.com Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be viewed and purchased at: 1. Mercury LDO Reprograhics: • FORT COLLINS: 422 S. Link Lane, Ft. Collins, CO 80524 Ph: 970-484-1201, Fax: 970-221-0404 • ENGLEWOOD: 9632 E. Arapahoe, Englewood, CO. 80112 Ph: 303-790-7169, Fax: 303-792-2936 • DENVER: 860 Bryant Street, Denver, CO. 80204 Ph: 303-893-8701, Fax: 303-893-0617 • COLORADO SPRINGS:11 E Las Vegas, Colorado Springs, CO. 80903 Ph: 719-231-8121, Fax: 719-633-5710 • LODO: 1660 Wynkoop Ste. 130, Denver, CO. 80202 Ph: 303-785-2520, Fax: 303-785-2522 • BOULDER: 2575 Pearl St. Unit C., Boulder, CO. 80302 Ph: 303-539-1350, Fax: 303-539-1356 2. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 07/2001 Section 00020 Page 2 Cash Allowances ... ..................................... .,...11.8 Stop Work requirements,__. ........ .................... 4.5.2 CONTRACTOR's- Article or Paragraph Number Change of Contract Price._ ................... I Change of Contract Times., ...... .._,....... ........._._ 12 Changes in the Work ....... .......... ................ 10.4-10.5 check and verify................................................2.5 Clarifications and Interpretations ................. ......... .2, 3.6, 9.4, 9.11 definition of...,..,, .................... ....... .1.1c ENGINEER as initial interpreter of... ........ ... 9.11 ENGINEER as OWNER's representative..............9. l 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 promptpayment ..........................8.3, 14.4, 14.13 precedence........................... .............. ....... 3.1, 3.3.3 Record Documents.............................__.,.._...._.6.19 Reference to Standards and Specifications of Technical Societies -,........ - .................. 3.3 Related Work. _.. ._..... _ Reporting and Resolving Discrepancies..... _ _ 2.5, 3.3 Reuse of................................ 3.7 Supplementing ......................... _. ............... 3.6 Termination ofENGINEER'sEmployment.. ........ 8.2 Unit Price Work, ......... .....................................11.9 variations ................ _....... .................. 3.6, 6.23, 6.27 Visits to Site, ENGINEER'S...... ...... _. _ _......,.. 9.2 Contract Price -- adjustment of ............... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Change of....... .... ........_........._..11 ...................... Decision on Disputes.,,,,._.._.._„ 9.11 definition of 1.11 Contract Times -- adjustment of ............. 4.1, 9.4, 10.3, 12 Change of ................................................ 12.1-12.4 Com in encem ent of ................. _.... _ ........... 3 definition of.. ...._.... _....._._1,12 ............. CONTRACTOR -- Acceptance of Insurance ................................. _.5.14 Communications ............ .2, 6.9.2 Continue Work ........................ _.._....... .__.629, 10.4 coordination and scheduling.... _... _.,... 0,9.2 definition of _. _..._ 1.13 Limited Reliance on Technical Data Authorized, ........ ­1 ......... 4.12 May Slop Work or Terminate .., ... _ _ _ _....... _. _.....1.5.5 provide site access to others. ........ T2, 132 Safety and Protection ......... .........4.3.1.2, 6.16, 6.18, _. _...... _. ti.21-6.23, 7.1 132 Shop Drawing and Sample Review Prior to Submittal_......................................6.25 111 Article or Paragraph Number Compensation............................................11.1-1 L2 Continuing Obligation., ...................... _ _.. __. ,..,14.15 Defective Work_ ..... ...... 9.6, 13.10-13.14 Duty to correct defective Work ............. _...........13.11 Duty to Report -- Changes in the Work caused by Emergency ....... ............. .... ......... 6.23 Defects in Work of Others_.,., _.............. 73 Differing conditions...................................4.2.3 Discrepancy in Documents.,,,__ 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated......_,..,4.3.2 Era ergencies ....................... _..... ....................... 623 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cost Plus...........................11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .......................6.30 Hazard Communication Programs ........ ...... 6.22 Indemnification .....6.12, 6.16, 6.31-6.33 Inspection of the Work ..... . 7.3, 13.4 Labor, Materials and Equipment... _......... _ _...6.3-6.5 Laws and Regulations, Compliance by ... _ ...... 6,14.1 Liability Insurance .................... ........... 5.4 Notice of Intent to Appeal.........................9.10, 10.4 obligation to perform and complete theWork ........................_ .............. .......... 6.30 Patent Fees and Royalties, paid for by................6.12 Performance and Other Bonds, ......... .... 5.1 Permits, obtained and paid for by._ ........... ...... .6.13 Progress Schedule,_.__ ...... ............. 2.6, 2.8, 2.9, 6.6, _...._.............. ..... 629, 10.4, 15.11 Request for formal decisionon disputes .............. 9.11 Responsibilities -- Changes in the Work ...... ......... ................. ,. 10.1 Concerning Subcontractors, Suppliers and Others ....................... ..... _.. _.„6.8-6,11 Continuing the Work ........ ..................6.29, 10.4 CONTRACTOR's expense, ........ ....... ... 6.7.1 CONTRACTOR's General Warranty and Guarantee..................._,._........,._..6.30 CONTRACTOR s review prior to Shop Drawing or Sample submittal.._.___ .... _,_... .25 Coordination of Work..._.._ _ .,.....69.2 Emergencies _................... _........_............. 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ........ _............ _,_..6.7.3 For Acts and Omissions of Others... _.......... _...... _...6.9.1-6.9.2, 9.13 for deductible am ounts, insurance ................... 5.9 general ..................... _.......... ....... 6, T2, 7.3, 8.9 Hazardous Communication Programs., ..... 6.22 Indemnification., ..........._,,,....._..___,_631-6.33 EJCDC GENERAL CONDITIONS 191 a-9 (1990 EDITION) w! UTY OF FORT COLLINS MOMFICA'IIONs (REv 9l99) Labor, Materials and Equipment ...... ........ 6.3-6.5 Laws and Regulations ............... ..6.14 Liability Insurance ........ .. .. 5A Article or Paragraph Num ber Notice of variation from Contract Documents........................................... 6.27 Patent Fees and Royalties .........................._6.12 Perot its .............. _......... ............................. 6.13 Progress Schedule ................................ 6.6 Record Documents....._......„.............._.......6.19 related Work performed prior to ENGINEER's approval of required submittals................ _........................... 6.28 safe structural loading, ............................... 6.18 Safety and Protection_..................6,20, 7.2, 13.2 Safety Representative.,,.,,. _....................... ...6.21 Scheduling the Work......,, ...6.9.2 Shop Drawings and Samples, ....................... .24 Shop Drawings and Samples Review by ENGINEER ......._.............................6.26 Site Cleanliness .,__.._..._........_...._..............6.17 Submittal Procedures„__ ... _._,...................... 6.25 Substitute Construction Methods and Procedures.......... _.._.............._ .6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence,._. .6.2 Supervision........... _ ..................................... 6.1 Survival of Obligations ... ......... ................. _6.34 Taxes......................................................... 6.15 Tests and Inspections.. ................. .13.5 To Report .... ........... 2.5 Use of Premises_ .................6.16-6.18, 6.30.2A Review Prior to Shop Drawing or Sample Submittal ..................._.................. 6.25 Right to adjustment for changes in the Work... 10.2 right to claim,..._.,,,,. a, 7.1, 9.4, 9.5, 9.11, 10.2,11.2, 11.9,12.1,13.9,14.8,15.1,15.5,17.3 Safety and Protection ................. 6.20-6.22, 7.2, 13.2 Safety Representative ... _. _ Shop Drawings and Samples Submittals..._,6.24-6.28 Special Consultants ..... _ _,.,....,.... _... 1 1.4.4 Substitute Construction Methods and Procedures.,6.7 Substitutes and "Or -Equal" Items, Expense...._ ................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ........ _... 6.8-6.11 Supervision and Superintendence _........ 6.1, 6.2, 6.21 Taxes, Payinent by.._ ...... _._.......... ............. 615 Use of Premises.. _ . ........ _ _. _....... _ _.. _ .. _. 6.16-6. 18 Warranties and guarantees . . . . . . . .. . .. . _ ....... 6.5, 6.30 Warranty of Title ... ,,____._..... Written Notice Required -- CONTRACTOR stop Work or terminate.,_ Reports of Differing Subsurface and Physical Conditions ....................... 4.2.3 Substantial (Axnpletion... viii 14.8 CONTRACTORS --other... _........... _........................... 7 Contractual Liability Insurance ... _..................... ,. $A.10 Contractual Time Limits .,,,_... _.... I ............ _............12.2 Article or Paragraph Number Coordination -- CONTRACTOR s responsibility,. , .... _...... . ........ 6.9.2 Copies of Documents, ,.._..., .. ...__....2.2 Correction Period..................................................13.12 Correction, Removal or Acceptance of Defective Work-- ingeneral....... ....... ............. ._-_...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 ................................. I3.10 Cost -- of Tests and Inspections ... . . .. .. . .. ............. _ _ .........13.4 Records]1.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts ......... ____._.._..... _,_11.4.2 CONTRACTORS Fee _... _.. _...................... 11.6 Employee Expenses,..,...__„ ............. .11.4.5.1 Exclusions to,,,,.,.__.. 11.5 General l 1.4-11.5 Home office and overhead expenses. ........... _...... 11.5 Losses and damages ......... ....................... 11.4.5.6 Materials and equipment.,,,, ..,,................ 11.4.2 Minor expenses........._................................11.4.5.8 Payroll costs on changes..................._............11.4.1 performed by Subcontractors..... _............._ . 11.4.3 Records 11.7 Rentals of construction equipment and machinery.......................................11.4.5.3 Royalty payments, permits and license fees...........................................11.4.5.5 Site office and temporary facilities ............... _11.4.5.2 Special Consultants, CONTRACTORS ............. 11.4.4 Supplemental...,,. .......... ............... .. _...11.4.5 Taxes related to the Work.,.,,_,, ..... __., 11.4.5.4 Tests and Inspection..... „ .................................... 13.4 Trade Discounts .................. -.... ........ .............1 1.4.2 Utilities, fuel and sanitary facilities ....... ....... I I A5.7 Work after regular hours___ ..................... 1 L4.1 Covering Work .... _... ......... Cumulative Remedies_ ,........ ,-....... ...__,. ...... _ 7.4-17.5 Cutting, fitting and patching__ ..... __.......__... ..... __.7.2 Data, to be furnished by OWNER„....... _ _ _ _.. _, 8.3 Day --definition of .... Decisions on Disputes,.._...............................9.11, 9.12 defective --definition of ... ...... ...............„__.............1.14 defective Work -- Acceptance of _.,10.4.1,1113 ........................... EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY" OF FORT COLLINS MODIFICATIONS (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.._,,,,,,_.._...................1.13.1 Rejecting...... ................. .............. ......... .... 9.6 Uncovering the Work........... I ........................... 13.8 Definitions I Delays ........ ................... .... ......AI16.29, 12.3-12.4 Delivery of Bonds ............. _...... _......................... ..... 2.1 Delivery of certificates of insurance ... . . . .......... ............2.7 Determinations for Unit Prices .................................. 9.10 Differing Subsurface or Physical Conditions -- Notice of ................................................. .......... 4.2.3 ENGINEER's Review......................................4.2.4 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments..............4.2.6 Discrepancies -Reporting and Resolving ... ......... ........ ........ _2.5, 3.3.2, 6.14.2 Dispute Resolution_ Agreement..._ ._ ...._......__..... ........16 1-16.6 Arbitration ........ ............................. ._16.1-16.5 genera116 Mediation ........................................................... 16.6 Dispute Resolution Agreement .... ................. _.... 16.1-16.6 Disputes, Decisions by ENGINEER, ............ 9.11-9 12 Documents -- Copiesof...........................................................2.2 Record 6.19 Reuseof.............................................................3.7 Drawings --definition of.... _.......... ............ .........._....L 15 Easements..........................................................4.1 Effective date of Agreement -- definition of..............1.16 Emergencies .................. _................................ _ 6.23 ENGINEER -- as initial interpreter on disputes ............... 9.11-9-12 definition of......................._....__................_1.17 Limitations on authority and responsibilities..,... 13 Replacement of ... .................................. 82 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition of. ... ........ ........ 1 18 ENGINEER's-- authority and responsibility, limitations on.,9.13 Authorized Variations in the Work ....................... 9.5 Change Orders.. responsibility for....... 9.7, 10, It, 12 Clarifications and Interpretations,.. ... _ . ..3.63, 9A Decisions on Disputes ...... .._........... ._ ... 0.11-9.12 defective Work, notice of.... ....... ....__...... _.___... 13.1 Evaluation of Substitute Items ............................. 6.7.3 Liability_ ...... .......... ......._.-.................._6.32, 9.12 Notice Work is Acceptable. ........ _ 14 13 Observations ,..........._. ...._,__ 6.3R2, 92 OWNER's Representative..._..,.,,,... 9.1 Payments to the CONTRACTOR Responsibility for ..............................9.Q 14 Recommendation of Payment,._..............114.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on.................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions...._ ...... I ..... I ...... I..... 4.2.4 Shop Drawings and Samples, review responsibility ....... . . ............... _..... ........ 6.26 Status During Ctnstruction-- authorized variations in the Work..................9.5 Clarifications and Interpretations,,.... ....9A Decisions on Disputes ......................... 9.11-9.12 Determinations on Unit Price ........................ 9.10 ENGINEER as Initial Interpreter,.. _, _,,,,9.11-9.12 ENGINEER's Responsibilities ................ 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities..............................9.13 OWNER's Representative., ......... ..... 9.1 Project Representative ..... __......_,,.,___,.,..-.,..9.3 Rejecting Defective Work ...,.,.._......_,.,.._.....,9.6 Shop Drawings, Change Orders and Payments..... __...... _......... _........9.7-9.9 Visits to Site.................................................9.2 Unit Price determinations ................................. 9.10 Visits to Site 9.2 Written consent required..............................7.2, 9.1 Equipment, Labor, Materials and ......................... Equipment rental, Cost of the Work .................. 11.4.5.3 Equivalent Materials and Equipinent.... .,., .... ,..I .... __ 6.7 error or omissions .................................................... 6.33 Evidence of Financial Arrangements .......................8.11 Explorations of physical conditions ....,..,.._,....._.,,..4.2.1 Fee, CONTRACTOR's--Costs Plus, . .. . .......... _ . _..11.6 Field Order -- definition of'.. ...... ..............J.19 issued by ENGINEER....., .............„_ ._.3.6.1, 9.5 Final Application for Payment...............................14.12 Final Inspection ............................... _. _...............14.11 Final Payment -- and Acceptance........ _.. _.... _.................14.13-14.14 Prior to, for cash allowinces ..........................._, 11.8 General Provisions ......... ................................. 17.3-17.4 General Requirements— definition of L20 principal references to., ......... .. 2,6, 6A, 6.6-6.7, 6.24 Giving Notice ........ .... __........................_ ............17.1 Guarantee of Work --by CONTRACTOR, .. . _ . 6.30,14.12 Hazard Communication Programs, ........ ........... ... .22 Hazardous Waste -- definition of................___......_._.....................1.21 general. .........__ ........................... ._....,4.5 IV ONER's responsibility for.._ _ . _........ . _.._....S.10 ix ECDC GENERAL CONDITIONS 19I0-3 (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Indemnification........,,, _ _.._...........6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules.. ........ ....... _. _, . _ . _.... _. ,.2.9 Inspection -- Certificates of ....... _..................... 9.13.4, 13.5, 14.12 Final 1.4.11 Article or Paragraph Number Special, required by ENGINEER ......................... 9.6 Tests and Approval.... ....... 8.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER, .. .. . . . ...... _ ...... 5.14 Additional, required by changes in the Work.. I ................. 11.4.5.9 Before starting the Work.....................................2.7 Bonds and --in general .............. ... ........... ....... ... 5 Cancellation Provisions, I .............................. 5.8 Certificates of ......... .2.7, 5, 5 3, 5.4.11, 5.4.13, ....... ....._...... I ... 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations ......................... 5A.13 CONTRACTOR'sLiability....................... „5.4 CONTRACTOR's objection to coverage, ........... 5.14 Contractual Liability... ...... ....... .5.4.10 deductible amounts, CONTRACTORS responsibility ............................ ....... ............. 5.9 Final Application for Payment ........... ......... _ 14.12 Licensed Insurers ........ ...... ... 5.3 Notice requirements, material changes , ....5.8, 10.5 Option to Replace...........................................5.14 other special insurances..._. _.. ..... ............. ..,......5A0 OWNER as fiduciary for insureds..............5.12-5.13 OWNF.R'sLiability ..... ,..... .... ,.......... ......... _.5.5 OWNER's Responsibility .... ......... ..................... ,8.5 Partial Utilization, Property Insurance, ...... ....... 5.15 Property .... .......... ......... .... _. 5.6-5.10 Receipt and Application of Insurance Proceeds..... _....................... _. _........... 5.12-5.13 Special Insurance ................... _..................... _.5.10 Waiver of Rights.._..........................................5.11 Intent of Contract Documents ... .. ....................... _.3.1-3.4 Interpretations and Clarifications ..................... 3.6.3, 9.4 Investigations of physical conditions .........................4.2 Labor, Materials and Equipment. ..................... 6.3-6.5 Lands -- and Easements ...................................... _...........8.4 Availability of ...... __.........._......................4.1, 8.4 Reports and Tests_..................................._........8A Laws and Regulations --Laws or Regulations -- Bonds....._........._........._......................... 5.1-5.2 Changes in the Work ......... ......... ...__..............10 4 Contract Documents _...... _... _...................... _.... 3.1 CONTRACTOR's Responsibilities._ ........... ,_..6.14 Correction Period. detective Work .,....... „_.,._...13.12 Cost of the Work, taxes , ,_._......,. 11A.5A definition of 1.22 general6.14 Indemnification ...... . .......... ....... x _... 6.31-6.33 Insurance........................_................................ 5.3 Precedence................................................3.1, 3.3.3 Reference to .................................... _............. 3.3.1 Safety and Protection,,,..,....., .6.20, 13.2 Subcontractors, Suppliers and Others ....... .... 6.8-6.11 Article or Paragraph Number Tests and Inspections ........... ,,,_.................. .13.5 Use of Premises .............. 6.16 Visits to Site ........................................................ 9.2 Liability Insurance-- CONTRACTORs............................................... 5.4 OWNER's.................._.......................................5.5 Licensed Sureties and Insurers... ..... ....... .......... 5.3 Liens -- Application for Progress Payment ......................14.2 CONTRACTOR's Warranty of Title ... ..... ...........14.3 Final Application for Payment .........................14.12 definition of„.... 1,23 Waiver of Claims .......................................... 14.15 Limitations on ENGINF.ER's authority and responsibilities. _ _........ ........................... ........... . 9.13 Limited Reliance by CONTRACTOR Authorized ....... .......................... 4.2.2 Maintenance and Operating Manuals -- Final Application for Payment..,__ .......... ,, 14.12 Manuals (of others) -- Precedence ............... _........................ _........ 3.3.3.1 Reference to in Contract Documents .................... 3.3.1 Materials and equipment -- furnished by CONTRACTOR ...... 6.3 not incorporated in Work ........ ............._._.14.2 Materials or equipment --equivalent ........ ........ ........ 6.7 Mediation (Optional) .... ...... ....... .......... ---.._.__....16.7 Milestones --definition of ................ _......... _ _. Miscellaneous_ Computation of Times 17.2 Cumulative Remedies.......,.. _,,...,.. 17.4 Giving Notice .................. _._.............................17.1 Notice of Claim........ _...._................... _............17.3 Professional Fees and Court Costs Included .......... 17.5 Multi -prime contracts.._._........_....................__.........7 Not Shown or Indicated..........................._............9.3.2 Notice of -- Acceptability of Project ...................... _ „. .... 14.13 Award, definition of. _...... ....._........__.............1.25 Claim..........._.................1J.3 ............................. . Defects,13.1 Differing Subsurface or Physical Conditions.,._.. 4.2.3 Giving ...... . ...... _._... 1.7.1 Tests and Inspections.._.,_...................._..........,13.3 Variation, Shop Drawing and Sample_,„__....,., 6.27 Notice to Proceed - definition of..„._...._.._......_...._........_.......,,1.26 giving of ................___..._.._ 2.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w! CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety,._................_..._.___.___...__..10.5 Observations, by ENGINEER...........................6.30, 9.2 Occupancy of the Work_.................5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR.... _....._„6.9, 9.13 Open Peril policy form, Insurance._.... ............. 5.6.2 Option to Replace ................................................... 5.14 Article or Paragraph Number "Or Equal" Items .................................. _.......... ........ 6.7 Other work 7 Overtime Work --prohibition of.. ............................... 6.3 OWNER -- Acceptance of defective Work ...............__.,_....13.13 appoint an ENGINEER ........_ . ........................... .8.2 as fiduciary....._ ... ......... ................ I ..... _... 5,12-5.13 Availability of Lands, responsibility., .................. 4.1 definition of ................................. .................... 1.27 data, furnish._................_.................................8.3 May Correct Defective Work...........................1.3.14 May refuse to make payment....... I .................. 14.7 May Stop the Work.............13.10 May Suspend Work, Terminate ...... ........_......._- 8.8, 13.10, 15.1-15.4 Payment, make prompt .... _._..... __...... 8.3, 14.4, 14.13 performance of other work.,. ,. _ _..... 7.1 permits and licenses, requirements._. ............ „ 6.13 purchased insurance requirements, ............. 5.6-5.10 OWNERS -- Acceptance of the Work _... ................ . ...... 6.30.2.5 Change Orders, obligation to execute,,........ 8.6, 10.4 Communications.. _.., _................... R.I Coordination of the Work:, .......... ............. Z4 Disputes, request for decision ......_....................9.11 Inspections, tests and approvals...................8.7, 13.4 Liability Insurance ................... .................... 5.5 Notice of Defects ... _........................................13.1 Representative --During Construction, ENGINEERS Status ..... ................9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................. 8.10 Change Orders ....... ..._........... ........... .....__...8.6 Changes in the Work, .,_........ _, .........,..,._10.1 communications ............................................ 8.1 CONTRACTORs responsibilities ......... ...... _. 8.9 evidence of financial arrangements..........,_ 8.11 inspections, tests and approvals ....... _.. ........... 8.7 insurance 8.5 lands and easements,,,_,......,__........,,.. 8A prompt payment by ........ _- ..... ...... 8.3 replacement ofENGE EER....___ ,...._., 8.2 reports and tests .............. . . ............................ 8.4 stop or suspend Work ................. 8.8, 13.10, 15.1 terminate CONTRACTOR's services..._......................_.._......._8.8, 15.2 separate representative at site ... _............. _ .93 testing, independent,,,_...... use or occupancy of the Work ................... written consent or approval required ....................... 13.4 .5,15, 6.30.2.4. 14.10 ....19.17 6.3, 11.4 Ni EJCDC GENERAL CONDITIONS 1910-8 41990 EDITION) wi 0 TYT OF FORT' COLLINS MODIFICA'FI ONS (REV 9/99) Article or Paragraph Number written notice required .......................7.1, 9.4, 9.11, ..............................11.2, 11.9, 14.7, 15.4 PCBs -- definition of......................................................1.29 general.............................................................. 4.5 OWNER's responsibility for ..... ....... .............. 8.10 Partial Utilization -- definition of... ..................... 1.28 general6.30.2.4, 14.10 Property Insurance... _...... ......... ..... . ..... ........ 5.15 Patent Fees and Royalties ................................ 6.12 Payment Bonds. 5.1-5.2 Payments, Recommendation of ..... _._ __14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title ................ _ 14.3 Final Application for Payment......... _..... ........... 14.12 Final Inspection_ ................... 14.11 Final Payment and Acceptance, .............. 14.13-14.14 general ................................ ................. .......8.3, 14 Partial Utilization..... ... ............................... _..14.10 Retainage.................................................. ..... 14.2 Review of Applications for Progress Payments.. ....,.._, _. ...... .14.4-14.7 prompt payment...... ... ..._.. _...... ........ 8.3 Schedule of Values ........................................... 14.1 Substantial Completion........._ ........ ......14.8-149 Waiver of Claims ................. _....... _....... __. _....14.15 when payments due._ ........................._.. 14.4, 14.13 withholding payment.... ....14.7 Performance Bonds.. _........ _ .............................. 5.1-5.2 Perm its 6.13 Petroleum -- definition of .... ............._.......................1.30 general....... ......... ................. ............................4.5 OWNER's responsibility for..,... I_ ........ ............... .10 Physical Conditions -- Drawings of, in or relating to .................. _..... .2.1.2 ENGINEER's review...,_..._. 42.4 existing structures_............._..........._.._....4.2._ general 4.2 1.2.._.................. .......... Notice of Differing Subsurface or, ... ............. 4.2.3 Possible Contract Doculn ents Change ....... ....... . 4.2.5 Possible Price and Times Adjustments,......_., ,..4.2.6 Reports and Drawings, ... . ....................... ..........4.2.1 Subsurface and ...... _...... __................_.............4.2 Subsurface Conditions,_._....._, 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ...... ..... ..... _4,22 Underground Facilities_ general....... _......... ......................_...4.3 Not Shown or Indicded..............................4.3.2 Protection of.... ._........ ..._. .................... 4.3, 620 xii Article or Paragraph Number Shown or Indicated ................................................ 4.3.1 Technical Data ............................................... 4.2.2 Preconstruction Conference.............. ........................ ... 8 Preliminary Matters......................_.............................2 Preliminary Schedules..............................................2.6 Premises, Use of... ..... ...... .................... I........ 6.16-6.18 Price, Change of Contract ......... ......_....... I ................. I I Price, Contract --definition of ......................_, ,., 1.11 Progress Payment, Applications for ........................ 14.2 Progress Payment--retainage _ ..... _ .. ,. _ „...... _ _, _ _... _ 14.2 Progress schedule, CONTRACTOR'S............ 2.6, 2.8, 2.9, .1.... ....- ...... .... 6.6, 6.29, 10.4, 15.2.1 Project --definition of......................................._....,,1.31 Project Representative— ENGINEER's Status During Construction........_,.9.3 Project Representative, Resident --definition of...._,., L33 prompt payment by OWNER ...... ............... ....._......... 8.3 Property Insurance-- Additional.................................................... _..5.7 general5.6-5.10 Partial Utilization...„..__..,._...............5.15, 14.10.2 receipt and application of proceeds ........... _5.12-5.13 Protection, Safety and.. __........ ........ .620-6.21, 13.2 Punch list _..... 14.11 Radioactive Material— defintion of.....................................................1.32 general4.5 OWNER's responsibility for ............. to Recommendation of Payment_...__...._, 14.4, 14.5, 14.13 Record Documents ,.........._...__ ...,.... . __.._.. _ 6.19, 14.12 Records, procedures for maintaining....... ,._,.._.... ...... .8 Reference Points ................................ _... _.. 4.4 Reference to Standards and Specifications of Technical Societies ......... „ _. _ .... _ . ., _ _..... _..3.3 Regulations, Laws and (or) .... .........6.14 Rejecting Defective Work ...... _. __.............................9.6 Related Work -- at Site 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review.....................6.28 Remedies, cumulative ........................ 17.4, 17.5 Removal or Correction ofDefective Work_.....,.... .13.11 rental agreements, OWNER approval required.....11.4.5.3 replacement of ENGINEER, by OWNER ............ ... S.2 Reporting and Resolving Discrepancies.._........ _...... ............_.5, 3.3.2, 6.14.2 Reports -- and Drawings, ...... ......... and Tests, OWNER's responsibility .....................8A _4.2.1 Resident and Project Representative -- definition of....._........_......................-__....,,1. 3 provision for... ......... . EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR's................62 Responsibilities_ CONTRACTOR's-in general, ....... ... .................. 6 ENGINEER's-in general........................................9 Limitations on.............................................9.13 OWNER's-in general .............................. 8 Retainage.............................................................142 Reuse of Documents.......__ .......... ..........................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal., ..... ........ 6.25 Review of Applications for Progress Payments.....................................14.4-14.7 Right to an adjustment.... _ __..............................10.2 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 genera]_........__..._......._........................6.20-6.23 Representative, CONTRACTOR's_....... ......6.21 Samples -- definition of ............ . ............_ ............... _,....1.34 general........................................ I ......... 6.24-6.28 Review by CONTRACTOR ................ ...... _..,,.._.6.25 Review by ENGINEER. _. _....... _.. ............ 626, 6.27 related Work .............. ........_...... ................. .....6,29 submittal of ........ ........ .._............_..............._6.24.2 submittal procedures...,. _.._,,.....__.._..., .. Schedule of progress... ....... _.........2.6, _6.25 2.8-2.9, 6.6, _._... _.. . .......6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals._...._........,2.6, 2.8-2.9, 6.24-628 Schedule of Values ....... ......._............... 2.6, 2.8-2.9, 14.1 Schedules -- Adherence to .............................. .................. . 15.11 Adjusting ................... _............. _.... ... _6.6 Change of Contract Timex._,......._,,.,.._ ._.._,__..10.4 Initially Acceptable ........ _ _ _..... ......... , ,2.9 Preliminary.... _........... _........................... _........ 2.6 Scope of Changes ............................. .. ......10.3-10.4 Subsurface Conditions ..... ._....... _............_........4.2.1.1 Shop Drawings -- and Samples, general, ... ____._....._..__..__. 6.24-6.28 Change Orders & Applications for Payments, and ..... ............. ............ ..........9.7-9.9 definition of, .......... _,_,,,.....1..35 ENGINEER's approval of., .. ......... 3.6.2 ENGINEER's responsibility for review. 9.7, 6.24-6.28 related Work..........._............ _............_........._628 review procedures., ........... 2.8, 6.24-6.28 Article or Paragraph Number subm ittal required...............................................6.24.1 Submittal Procedures.........................................6.25 use to approve substitutions ..................... 6.7.3 Shown or Indicated ............ ... 4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness .......................... _.._.... _............... 6.17 Site, Visits to -- by ENGINEER .................... _.....................9.2, 13.2 byothers. _............... _..... ..... . .......... ........ 13.2 "special causes of loss" policy form, insurance.............................................. 5.6.2 definition of.....................................................1.36 Specifications— definaticn 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 ................... ........... 15-28 Starting the Work ................ ...................................... 2.4 Stop or Suspend Work -- by CONTRACTOR.._ ................ ..........._.......15.5 by OWNER........ _._............._.........8.8, 13.10, 15.1 Storage ofmaterials and equipment., ..... . ....4.1, 7.2 Structural Loading, Safety ............ ............. ..............6.18 Subcontractor -- Concerning . ............................................... 6.8-6.11 definition of ........................_. 1.37 delays............................................................ 12.3 waiver of rights ................................................ 6.11 Subcontractors --in general..._._.....__._._ .._._..-_,6.9-6.1l Subcontracts --required provisions.,.._... 5.11, 6.11, 11.4.3 Subm ittals-- Applications for Payment ... ....................._.,_.__.. 14.2 Maintenance and Operation Manuals..............14.12 Procedures ............................. . ....................... .6.25 Progress Schedules.. .... ...... _.................._....2.6, 2.9 Samples ..._.............................................624-6.28 Schedule of Values........,...__...................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions......._.... _........___....._.2.6, 18-2.9 Shop Drawings......................_................624-6.28 Substantial Completion -- certification of ........... .......6.30.2.3, 14.8-14.9 definition of....,,, _ ..,,,._..._.._.....,.1,38 ................... . Substitute Construction Methods or Procedures.,,..,..6.7.2 Substitutes and "Or Equal" Items ......... ............... 6.7 CONTRACTOR'sExpense . ...... _6.7.1.3 ENGINEER's Evaluation. ,.,,..._............_........ 6.7.3 "Or -Equal".._ ...... .......... ...._._..... _ ..........6.7.1 1 Substitute Construction Methods EJCDC GENERAL CONDITIONS I9I0-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATTONS (REV 9/99) Article or Paragraph Number or Procedures ................................_........ _. 6.7.2 Substitute Items............................................6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatngto. ................_..... 4.2.1.2 ENGINEER's Review,....., ,,,. .......................... 4.2.4 general ............................ ................................. 4.2 Limited Reliance by CONTRACTOR Authorized.... I ....................... _.......... _......, 42.2 Notice of Differing Subsurface or Physical Conditions..............„..._,._.._._,_...._..__.4.2.3 Physical Conditions.._...._..__ ................_,.4.2.1.2 Possible Contract Documents Change ............. _ 4.2.5 Possible Price andTimes Adjustments ............. _4.2.6 Reports and Drawings...... _.................. _..........4.2 1 Subsurface and....................................................4.2 Subsurface Conditions at the Site...................4.2.1.1 Technical Data ..... ........ ................... . 4.2.2 Supervision_ CONTRACTOR's responsibility .... _...... ............ OWNER shall not supervise., ... _. ... . .. ....... ...... _. _ 8.9 ENGINEER shall not supervise, ...... - ......9.2, 9.132 Superintendence. . ........... _ ................ _......6.2 Superintendent, CONTRACTOR's resident._,__.....,,,.6.2 Supplemental costs .............................................. 11.4.5 Supplementary Conditions -- definition of.............._......................................1.39 principal references to.................1.10, 1,18, 2.2, 2.7, ....................... 42, 4.3, 5.1, 5.3, 5.4, 5.6-59, _.,_. 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents, ........ ............... 16 Supplier -- definition of................_._........_....................._1.40 principal references to ...... _.... 3.7, 6.5, 6.8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights......... ......................... _ . ......... 6.11 Surety -- consent to final payment, ..... ....... .... 14.12, 14.14 ENGINEER has no duty to .......... __,. ........... . ..__ 9,13 Notification of, ....... _...... ...._.......... .10.1, 10.5, 15.2 qualification of,,,._......._.,_.... ...............5.1-5.3 Survival of Obligation..__,,. ..... _. ....... Suspend Work, OWNER May, _ ...... , 13.10, 15.1 Suspension of Work and Termination-- ........................ 15 CONTRACTOR May Stop Work or Term irate...............................................15.5 OWNER May Suspend Work.... ......... ..... ..15.1 OWNER May Terminate._...__ .._ ......._._.15.2-15A Taxes --Payment by CONTRACTOR. _„ .. 6.15 Technical Data -- Limited Reliance by CONTRACTOR.................422 Possible Price and Times Adjustments..............4.2.6 Reports of Differing Subsurface and Physical Conditions ..... _.._..........._..,_.42.3 xiv Temporary construction facilities ..................... .4.1 Article or Paragraph Number Term ination-- by CONTRACTOR..........................................15.5 by OWNER .................... _............. ..... 8.8, 15.1-15.4 of ENGINEER's employment ................... _..... ..... 8.2 Suspension of Work-in general ..... ...... ................. 15 Terms and Adjectives ................. .............................. 3.4 Tests and Inspections-- AccesstotheWork, by others...__.__ ...... .......13.2 CONTRACTORsresponsibilities. _.... .........13.5 cost of 13.4 covering Work prior to .................... ,...... 13.6-13.7 Laws and Regulations (or) ................... 13.5 Notice of Defects . ....................._, �.13-1 OWNER May Stop Work........... _.......... ..... .... 13,10 OWNER's independent testing .......................... 13.4 special, required by ENGINEER.._.,..,_ ..., 9.6 timely notice required .............................._....._ 13.4 Uncovering the Work, at ENGINEER's request ................................. .......... 3.9 Times -- Adjusting...... _...... ........ ........ _ ._.... 6.6 Change of Contract_...._._,,,,_,_...,, Computation of _...-... 17.2 Contract Times --definition of I.........................11.12 day........................................................1.7.2.2 Milestones ............... ........................................ 12 Requirements -- appeals...................... ........... ...............9.10, 16 clarifications, claims and disputes ..................9,11, 11.2, 12 Commencement of Contract Times ........... ..... 2.3 Preconstruction Conference.,,_.. ,...... 2.8 schedules._.........._ ........ 2.9, 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....,..,._.,...., protection of................._...._........_...4.3, 620 Shown or Indicated ....................... ...................4.3.1 Unit Price Work -- claims ._ ..............._......_...._.... _........__,11.9.3 definition of......_......_ ............._ ................... . 1.42 generall1.9, 14.1, 14.5 Unit Prices -- general l 1.3.1 Determination for ... ..._._......_...._...... _...... 9,10 Use of Premises,_...,...., .6.16, 6.18, 630.2.4 Utility owners ,.,..__.,...._..,.._.....6.11 620, 7.1-7.3, 13.2 Utilization, Partial__ ...........1.28, 5.15, 6,302.4, 14_10 ....... Value of the Work:. _............ _........... _....................11.3 Values, Schedule of ... ................... _2.6, 2.8 2 9, 14.1 EJCDC GENERAL CONDITIONS 1910-8 t1990 EDITION) w! CITY OF FORT COLLINS MODIFICATIONS fRE V 9/99I Variations in Work --Minor Authorized ..... .................... ..... ........ 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER,,,,,,,,,,,,,,,,, .................. 9. : Waiver of Claims --on Final Payment...,,,,.._._..,_. 14.1! Waiver of Rights by insured parties ........ ...... 15. 11. 6.11 Warranty and Guarantee, General --by CONTRACTOR ........................ ................. .... 6.30 Warranty of Title, CONTRACTORs ... 14.3 Work -- Access to. ...... ...... - ....... byothers ............................................................... 7 Changes in the ................................ ... .... ._10 Continuing the ................ ....... _ ........................ 6.29 CONTRACTOR May Stop Work or Terminate 15.5 Coordination of ...... ............................ ............... 7A Cost ofthe 11.4-11.5 definition of ....... .................................. ........... 1.43 neglected by CONTRACTOR.. . ............. _ I ..... 11.1.114 otherWork ................... _ ............ .... ._ ...... 7 OWNER May Stop Work ...... ...................I ......13.10 OWNER May Suspend Work 13.10, 15.1 Related, Work at Site..,....._ 7.1-7.3 Starting the,_._....._._ .... 1. 2.4 Stopping by CONTRACTOR ........ 15.5 Stopping by OWNER.... 15.1-15.4 Variation and deviation authorized, minor..........,3.6 Work Change Directive -- claims pursuant to .............................................. 10,2 definition of 1.44 principal references to... ... .... 353, 10.1-10.2 Written Amendment -- definition of 1.45 principal references to ............... 1 10, 3.5, 5.10,15,12, .................... 6.2, 6.8.2, 6.19, 10.1, 10.4, 1.1 12,1, 13.12 2, 14.72 Written Clarifications and Interpretations ..... I ... ..... ...... 3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR . ...... .... ....... 7.1, 9,10-9. 11, ­­ ..... I ... I I ....... . ........ I—- 10A, 11.2, 111 by OWNER ..................... 9.10-9,11, 10.4, 1L2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) W! CITY OF FORT COLLINS MODIFICA FIONS tREV 9/99) (This page left blank intentionally) xvi E)CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Construction Document Ordering Instructions (Download a complete P1anWell 4.0 Ordering Guide from www.planwell.com) 1. 2. 3. M GO TO: www.mercury-ldo.com SELECT: Denver Links: "Plan Well" 150:;:I SELECT: Public Planroom:,"GO" Mercury/LDo Colorado 1 PlanWeil` � :- Digital Document Management & Distribution,.". User Name i ` Password For not vote uasswurd> '.. Nei a member yet? i fiipX up nAW SELECT: the desired [reomgauh rs horror] ,a n mmu ,W, Soto fiu 4 F .. �tef{6R4. m ere 4` 4tr betltlr{�aeW _ <'took a No Login "ue ed tlr �Etf __ p AIMII ICJ A:-resg GOVI 'Project Number" from the list 07/2001 Section 00020 Page 3 GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: IAAddenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. L6. Bidding Documents --The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirenents--The advertisementor invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents --The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EICDC GENERAL CONDITIONS 1910-8 (1990&btim) w/ C.ITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) same are more specifically identified in the Agreement, together with all Written. Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 1 l .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 (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be famished 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 defmzd. 1.16. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17 ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18, ENGINEER's Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGTNEER'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 Contrail. Times, 1.20. General Requirements --Sections of Division 1 of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having j urisdiction. 1.22.b. Legal Holidays --shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward--A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER --The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. I.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive AAaterial--Source, special nuclear, or byproduct material asdefined by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-8 (19901]ckal) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours --Regular workine hours are defined as 7 00am to 6 OOrnn unless otherwise specified in_the General Requirements. 1.33. Resident Project Representatiw—The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35, Shop Drawings --All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued when the Work is complete and ready for fatal payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions— The part of the Contract Documents which amends or supplements these General Conditions. 1.40, Supplier —A manufacturer, fabricator, supplier, distributor, maleriahnan 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. 1Al Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. h44. Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amen&nent- A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2--PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5 1. Copier of'Documents: 22 OWNER shall famish 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 ME be famished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to M ocee& 2.3. The Contract Tunes will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS 1910-8 (1990 E(Htim) WI CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In nn wont i.vill the Gentinot Times of Bid opening or the tla a 13at ic-rrcarnCr Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 25. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specked in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2 6.21. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and PAT shall eaeh deliver to the other OWNER with copies to *,A" addtignal insured i . "fie J the v , le - ENGINEER, YY �mcacaory +=R, certificates of insurance (and other evidence of insurance requested by . OWNER) which CONTRACTOR-andQA ,�� is required to purchase and maintain in accordance with paragraphs 5.4,556-end S.7. Preconstruction Conference.• 1& Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules• 2.9. Unless otherwise provided in the Contract Documents, at !east ten days before—1"�,.,a,,,i„io of thea t before any work at the site beg ns a conference attended by CONTRACTOR, ENGINEER and others as app designated by OWNER, will be held to review orf acp ptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Requirements CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTORS frill responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR'.s schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent. 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Document% are complementary, what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project 3.2. It is the intent of the Contract Documents to EJCDC GENERAL CONDITIONS 191" (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4.2000) describe a functionally complete Project (or part thereol) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies, Reporting and Resolving Discrepancies. 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. Il; 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 of of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1 the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); cr 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing C'ontraet Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one of more of the following ways: 35.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EJCDC GENERAL CONDITIONS 1910-5 (1990 Edilim) wi CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 3.53. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse ofDoeuments: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (,i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall famish, 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 t4)on+easenable-wr4tten-request; OWNER 1. A furnish GONLTD ALTO with vm�"smn--rm-insr-cvxv-r���v�c-iTeoff StMeffient Of F66OFd legal title and legal dOSGRP6611 Of 6he aaeordanee with apploalA. laws 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 famishing these lands, rights -of - way or easements, CONTRACTOR may make a claun therefor as provided in Articles 11 and 12_ CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and PhysicalConrlitions: 4.2.1. Reports and Draxings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Condtons: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized' Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 42.3. Notice of Daring Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 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 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.23.3. differs materially from that shown or EJCDC GENERAL CONDITIONS 1910.9 (1990 ECUmn w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, pretnptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not frther disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Ac#ustments. An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2_ 6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6,4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or 'times if: 42.6.41, CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract, or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions -Underground Facilities: 4.3.1. Shown orindcated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data, and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for. (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shoran or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EJCDC GENERAL CONDITIONS 19105 (1990 Echrim) w/ CITY OF FORT COLLINS MODIFICATIONS (RED' 42000) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph6.20 CONTRACTOR -Hall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of arty such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles i I and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioaetn,e Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be, responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. ^.5r .3. iFrisfiEl--FQEBlpt-9�sklEh--Sp@Ela%-wfltt�c-.T iio�uti,•s:,•^ GONTD A!'TOR does «,.. a some _93fiiFwork based-en-afeaseneble belief it is on agree to resume Suell Work under suah specia senditi�IZ ��,�;-�-uskr poRicaHn-ef the Warir, trt,�t_ •nrar le agree as t,."dementia L ametint or axtaiit F an 11 dj _ --;, _� - Priee er - either $arty may rusks-$-elainv therefor $s prevnded rn foreesot�theF�'^er<Iance�:ntr.,�a : ,tom-, 4.5.4. To the fullest eitterit Re._.,i.,tiens 0tr44-r harmless CQNTD )LCTI�_—SubcontraGtors, n,._,,..tt.._.S ._A " Offi6ers; directors, empleyeas, agents, other consultants and subcorkaotors dmn at'RI «a ..g... Eiji Ihazardous condition, �"� a providedges -Ut ef OF FeSki vanysuch ejann, ef--ka3gt � I '�othe��hart-the-Work-itself} therefrom, a (x}nothing-in-Ellis-suHpa�grapFr-4-�OWNE"-��qen or entity 9m and :4= .,13a11-eLligate $gHHWA the ,. r t, entity' 'awft,acg ig'enee- r 2 ten,, n,.._a....._ -c-ccrrnc�xr, r am �.� ::.:.::a: ,,,nv.crovl R.I�'tp EJCDC GENERAL CON''DInONS 1910-8 (1990 E(itial) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/L000) ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions- All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. QtrII, PR shell deliver to rnwrr•n nrmnn fi--wP.ca--t r_rnota r..«A't: .t:t- r insUFINtoo--rend-af#rer CONTR.4(.70R',v Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such. liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR'S employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; persona{- tnjur5-.:a.,..,�.emge-whielrere-sustaiae�: utdtresEly-related-te 4gleyntent�f sttsh-peFsen-bY rTOR ether-reasei% 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds, 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3 1. will so provide), 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance- 5.6. Unless othoFwise provided in the Supplemen", Cena.:,�.. PF6atlte siteyrtthe annittnt deductible nrnotints as �.xn d —on th0 L i6 r include the interests of Otrv'3IRR GONTP.WTOF Subeentfaetefs, EN61NEk1�4 FNGINFER's-Censultams L-_orentities identified in le Lrplementary RT�m� each .PLm is dRpi- ..1,ttj;II ][)IC-iflteFZst �1 t M that Slmll at'past :_ , a 4 t ess M . �� ]seweek + -Work_:,, ,t .,. L„ u t least the folly ing--perilsi fire 6lig yam- extended i;.:w' gkut-not 1:..1: ted ... f M a..d al... _,.ate ,.f aLFS An r1r-aE errother--leeatian-ilult d G OWN" hall 1. 1._:1,. .%. ca�pu' tnatRtair s6crr-ovncF And e-B7-BEIC�ii39t131-�F'-kF15L}FaiiE@ >,...t�,�a�1�c......la«dntery Goaditiefl�6F Laws-end�eg tions-whieh-will�i_a«�I-fau2 mcint@ eAs-4 IWGWEER's Consultants and an5 r'-t3monsmeF-entities an insured or Rddil4me, in -wed mRintnined by ramo4sien of endefsement that the 6effe n �{Y� a,l '11„ ���,.altwr.oc'lr�r-.nisteRally changed-or-F@neural-fOfUSd�ifn.-ri-ua-i'vao�-tlHEty--day5� j3F79F cvivxiv-ccrviaother -additional -i:i9eEv--tom will G91AAmi -- iwHver cerdance— with ; -I 4 ph 54r 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in identified in the SupplerneniaFy Conditions. The risk ef loss within such identified ,lad ptible ,.... unt ..:ll he boom by- CONT-RACE'F9R�ubeel3trflcfBr�F ..van-�less and r-rx any -c+rn.on.- Wishes -prvpm-r.'-avrzav:.w coverage within the hunt .fir an.ov ,, t'aeh-may 5,10. if CONTRACTOR RqUeStS in Wfuing that other .. .La .�........ the -cva. ,�vTTTDrfrP_WTrci0Rby_%FTwq*uue Change--Orklof or WFitten Amendment. -l4i(M _+e EJCDCGENERAL CONDITIONS 1910-8 (1990ECUtim) 10 w•/ CITY OF FORT COLLINS MODIFICATIONS (REV 4J2000) 5.11.2. In additie , nD/r.TCD waives all Filghta (STTTD W40P—SubcmzC..1.. .tree RrGP E TnM .n1.. G.._,...1.__.and th � affieem, r. n..tea...midabe.-.,s9f-any-9l t)IenT,-'f9F 9- beyond l•..:�.-,.,,,..... — g .... ,.F .» _ �..,.:..,. C..... G_a .. ...1.,..Pent 1. wh Or Of: not insure IVNER; an 1..). :... [ ..,.1: ... :.,.a:..a r�L�DLn,...a.: ��� way !err, demage of 6ensequenfiRl less faferfed to in pR aph_5-11 1 .2 A191��irn a4e4he-effeet-tlEttin the event of pa�vraant of any sush less, demage BF 5. CLICK: "Most Current Set" to View the list of documents available for the projezrt-� Order items by clicking the Wcart icon: Start M Order —ost Current Set Wnl[ft Mo t current set As of 12L12/2 05 14 44 00Mo Stain (� *Ijllssue 5et *Revision 1 �( '. 'Revision 2 �A'l Issue Set 7/29/2002 Architectural 24X36 LBW - ®A=2 Issue Set 7/29/2002 Architectural 24X36 LBW - F4A_3 W Revision 2 2,10/2004 Architectural 24X36 LBW - 7 A=4` Issue Set 7/29/2002 Architectural 2036 LBW - 111 BA=S Rif Revision 1 11/12/2003 .Architectural 24X36 LBVV - 6. CLICK: Sheet No. to view\ 7. CLICK: to add a specific document t your "Shopping Cart" 8. CLICK: I start My order to place the order for printing 9. REGISTER -or- LOGIN 10. SELECT: Process -Media, Output Size and Binding options 11. ENTER: Job Number and PO information then click Next. 12. REVIEW: Recipient information. 13. ENTER: Quantities 14. CLICK: the down arrow to populate order. 15. SELECT: Delivery options and Due time. 16. ENTER: Your phone number in the special instructions box. 17. CLICK: Next. 18. REVIEW order 19. CLICK: SUBMIT Planwell contacts: Marie Owens 970-484-1201, mowens@mercury-ldo.com David Bacon-720-220-7683, dbacon@mercury-ldo.com 07/2001 Section 00020 Page 4 Receipt and Application of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the monevs so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and; if required •d : •writing -by —any -par": ire --bond far—Hta Acceptance ojBonds andlnsurance; Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bendq-er insurance required to be purchased and maintained by the ether=—perty CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the ebyyeetutgflartyshall so notify-the-adw-party OWNER will notify CONTRACTOR in writing within ten fifteen days after receipt delivery of the certificates (ep�efher--evidensa requested) to OWNER as required by paragraph 2.7. the-regxiE0dc0verage— eutprajudwe—teary-other-right Bonds or FF@v I such the exp@PM-4 Partial Uhlizahon—Property Insurance: 515. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w! CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000) Completion of all the Work, such use or occupancy may be accomplished in accordance with. paragraph 14.10, provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR' 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 CONTRACT OR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not pennit ....tune work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the INGINEER no less than 48 hours in advance of any Work to be performed on Saturday, Sunday Holidays or outside the Reg far 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 facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4,1. Purchasing Restrictions CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office 6.4.2. Cement Restrictions City of Fort Collins Resolution 91-121 rewires that suppliers and producers of cement or products containing cement 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 expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. .Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or-F.qual" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description 12 EJCDC GENERAL CONDITIONS 1910-8 (1 990Edum) w/ CITY OF FORT COLLINS MODIFICATIONS (;REV 4/2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 'Or -Equal": If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in FNGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty_ All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and repkacement 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 CONTRACTOR shall perform not less than 20 considered by ENGINEER in evaluating the percent of the Work with its own forces (that is proposed substitute. ENGINEER may require without subcontnicurigJ. The 20 eep rcent requirement CONTRACTOR to furnish additional data about shall be understood to refer to the Work the value of the proposed substitute. which totals not less than 20 percent of the Contract Price. 6.7.1.3. CON RACTOR's Expense: All data to be provided by CONTRACTOR in support of any 6.8.2. If--th"uppiementsf --Cm di4onong proposed "or -equal" or substitute item will be at _Bidding Documents require the identity of certain CONTRACTOR's expense. Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the 6.7.2. Substitute Construction Methods or principal items of materials or equipment) to be Procedures: If a specific means, method, technique, submitted to OWNER sequence or procedure of construction is shown or date prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER,i€ Documents, CONTRACTOR may furnish or utilize a CONTRACTOR has submitted a list thereof substitute means, method, technique, sequence or the S,,.. lame_taiy Conditiens, procedure of construction acceptable to ENGINEER. OWNER's or ENGINEER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute is equivalent to by the date indicated for acceptance or objection in the bidding documents proposed or the Contract Documents) of that expressly called for by the Contract Documents. any such or other� The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2, in wh...h��e vnTiTD n� nU.-vim— mxrn ubmli-9A 6.7.3. Engineer's Evaluation: ENGINEER will be recepta le substitute, t-n wEYill—hC allowed a reasonable time within which to evaluate adjuskd-by-Eka'erence-i each proposal or submittal made pursuant to suer substi..aien and an appropriate Change o-deparagraphs 6.7.1.2 and 6.7.2. ENGINEER will be the will_ issued -- Written m a -signed- will sole judge of acceptability. No "or -equal" or constitute a condition of the Contract requiring the substitute will be ordered, installed or utilized without use of the named subcontractors suppliers or other ENGINEER's prior written acceptance which will be persons or organization on the Work unless prior evidenced by either a Change Order or an approved written approval is obtained from OWNER and Shop Drawing. OWNER may require ENGINEER No acceptance by OWNER or CONTRACTOR to furnish at CONTRACTOR's ENGINEER of any such Subcontractor, Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver surety with respect to any "or -equal" or substitute. of any right of OWNER or ENGINEER to reject ENGINEER will record time required by defective Work. ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by 6_9. CONTRACTOR pursuant to paragraphs 6.7.12 and 6.7.2 and in making changes in the Contract 6.9.1. CONTRACTOR shall be fully responsible to Documents (or in the provisions of any other direct OWNER and ENGINEER for all acts and omissions contract with OWNER for work. on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby. Whether or not ENGINEER and organizations performing or furnishing any of the accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR, CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINEER and responsible for CONTRACTORSs own acts and ENGINEER's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item, create for the benefit of any such Subcontractor, 68. Concerning Subcontractors, Suppliers and Supplier or other person or organization any contractual relationship between OWNER or Others: ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any 6.8.1. CONTRACTOR shall not employ any obligation on the part of OWNER or ENGINEER to Subcontractor, Supplier or other person or organization fray or to see to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6-8.2), whether organization except as may otherwise be required by initially or as a substitute, against whom OWNER or Laws and Regulations. OWNER or ENGINEER ma y IN ENGEER may have reasonable objection. furnish to any subcontractor, supplier or other person CONTRACTOR shall not be required to employ any or organtzatim evidence of amounts paid to Subcontractor, Supplier or other person or organization CONTRACTOR in accordance with to fun sh or perform any of the Work against whom CONTRACTOR'S "Applications for Payment" CONTRACTOR has reasonable objection. EJCDC GENERAL CONDITIONS I910-8 (1990 E(fition) 13 w/ CITY OF FORT COLLINS MODIFICATIONS (REV a/2000) 69.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations perforating or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6A I. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever wry such agreement is-wth a-e..t,,.c:�„r c......1..11�-is--listed-es-an a- am! provided i pafagmphs5.6 the agreement -between—the CONTR-4-CTOR And the SiAhenntFaCtOF OF SUppliff Wig eu il,A.s 1FGHEF�ENFrII I S—Cerratlkr ts—and ekl--ether suoh w other pEaperty 'to thA IIT,. isric TF ies d o :.. an ....L I' . n Y � r`nTTTD c—TIZ—T) Ail! 1, L Patent Fees and Royalties. 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. 14 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edi[imi) wJ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits.• 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR'S compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom, however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, constmner, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the project Said taxes shall not be included in the Contract Price Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado, 80261 Sales and Use 'Taxes for the State of Colorado Regional Transportation District (RTD) and certa n Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically incorporated into the project are to be paid by CONTRACTOR and are to be mcluded in appropriate bid items Use ofPrendses: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENG]NEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Docum ents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: ESCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to, 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 (mused, directly or indirectly, in whole or in part, by CONTRACTOR any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts anv of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and Otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 EJCDC GENERAL CONDITIONS 1910-8(1990 Editim) wi CITY OF FORT COLLINS MODIFICATIONS (REV 42000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures. 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6,25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. FNGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval, nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25,1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents of 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. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers, or 6.30.12. normal wear and tear under nonnal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDI nONS 191" (1990Editim) WI CITY OF FORT COLLINS MODIFICATIONS (REV 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 final payment by ENGINEER; 6,30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any Mn thereof by OWNER, 6.30.2.5. any acceptance by OWNER or any failure to do so, 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others, or 6.302.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all tees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perfomt or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6:33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--01I1LR WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER' own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work_ CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 1 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) provi$ions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTORS Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4, If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; T4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.43. 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 9--OWNER'S 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 ,.�� DD Aim Makes Re whose status under the Contract Documents shall be that of the form er ENGINEER 8.3. OWNER shall famish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER' 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. Paragmph4.2 refers to OWNERSs identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. and mai t a and, a r r Fty insimmee are so fiaWt in garag{aphs-5m5 threugh3:-1 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4 8.& In connection with OWNEWs. right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC:TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. U49 —GW-N ERA'^ --espensibility-m-res owof-rndselosed Asbestos,, PCBs, Petroleum, 1zr,s Rath. a Matw _1 •, b �,�u ars �cvcmc�m-rrlcl. 3[rtJ sat#oParagra 4r. CONTR-O.CTOR reasonable evidence that P 1 Par gements—have been made--te--satisFy OLVNES2s abligations tinder— the responsibilrty--in-respectthereo°..r �set forth-ai the Suppkm aiy-,Cenditione ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. i isits 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 ESCDC GENERAL CONDI noNs 191" (1990 EChtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defectrve Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the fiirmshing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 .. ,,, ca ie aEY Conditions of these 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 the 8upplemaAHFy Genditio parawanh 9.3 9.3.1. The Representative's dealings in matters pertaining to the on -site work will in general be with the ENGINEER and CONTRACTOR But the Representative will keep the OWNER properly advised about such matters. The Re presentatvzs dealings with subcontractors will only be through or with the full knowledge and approval of_the CONTRACTOR. 9 3 2 Duties and Responsibilities Representative will: 9.3.2 1. Schedules = Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability, 9.3.2.2. Conferences and Meeting - Attend mee _ with the CONTRACTOR such as preconstruction conferences progress meetings and other job conferences and prepare and circulate conies of minutes of meetings 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3 2 3 2 Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER 9.3.2.4.Review of Work. Rejection of Defective Work, Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9. 3.2 4 3 Accompany visiting inspectors representing Dubhc or other agencies having Iurisdiction over the Project record the results of these inspections and report to the ENGINEER. 9 3 2 5 Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmitto CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S , sug ee stions for �U EJCDC GENERAL CONDITIONS 1910-8 (1990 Editiai) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Drawings or Specifications and report these recommendations to ENGINEER Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7. Records, 9.3.2.7.3. Record names addresses and telephone numbers of all CONTRACTORS subcontractors and major suppliers of equipment and materials 9.3.2.8. Reports 9.3.2.8.1. Furnish ENGINEER Deriodic reports, as required, of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shon_Drawma and samnle submittals 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests. inspections or start of important phases of the Work. 9.32.8.3._ Draft proposed Change Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders Work Di ectve Changes and field orders 93.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.32.9. Payment Requests Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 50 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 BYQa�S v J e B. O'Neill, II, CPPO, FNIGP Pu asing/Risk Management Director 07/2001 Section 00020 Page 5 ENGINEER noting particularly the relationship of the j_ayment requested to the schedule of values work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.10. Completion 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items_ requiring correction or completion 9.3.2.10.2. Conduct final inspection in the companv of the ENGINEER. OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed 9.32.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute matey aIs or equipment unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority asset forth in the Contract Documents 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR Subcontractors or CONTRACTOR'S superintendent 9.3.3.4. Advise on or issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures for construction unless such is Ucifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work. 9 3 3 6 Accept Shop Drawino or sample submittals from anyone other than the CONTRACTOR 933.7. Authorize OWNER to oceut)v the Work in whole or in part 9.3.3.5__ Partici to in specialized field .or labomtory tests or inspections conducted by others except as specifical3_authorm I by __the ENGINEER. Clarifications and Interpretations: 9A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the ESCDC GENERAL CONDITIONS 1910-8 (1990 Erlitiml w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER. may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Tunes and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orderjustifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejeedng Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEERSs authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER'S authoritv as to Applications for Payment, see Article 14. Determinations for Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the 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 unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (it) 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 FNGINEER's decision unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Wok or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract "times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing parry's submittal, if any, in accordance with this paragraph ENGINEE-Xs written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant. to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party, may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 92 EJCDC GENERAL CONDITIONS 1910-8(1990Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respectof any such claim, dispute or other matterTurs•wj?a ide ,6. 9.13. Limitations on ENGMEER's Authority and Responsibilities. 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.133. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.135. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN TIE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Rice or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10A. 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 Rice or Contract Times which are agreed to by the parties, and 10.43. changes in the Contract Rice or Contract Times which embodv the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.111 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. 105, If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) Wi CITY OF FORT COLLINS MODIFICATIONS (REV 42000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 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. 112. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Rice shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit. additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Rice 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 Rice will be valid if not submitted in accordance with this paragraph 112. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Rice will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 119.3, inclusive), 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work. 11A. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall inshtde;-bat net be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health end-rgrrement benefits bonuses,, applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, 24 EJCDCGENERAL CONDITIONS 1910-8 (1990Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the 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 l l .4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 114.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —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 A.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such lasses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTORSs fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8, Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest. on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5A Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim) w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.62. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent: 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 1 L6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee -of -five percent = e-emeun> kfd-to the -next leaver -tier Subeot#eetef- to be negotiated in good faith with the OWNER but not to exceed live percent of the amount paid to the next lower tier Subcontractor. 11.62.4. no fee shall be payable on the basis of costs itemized under paragraphs 11A 4, 11.4.5 and 11.5; 11.6,25. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net deurease; and 11.6.26. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR' fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.11 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs l l.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 Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: I1.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work. 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to vlclude for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 119.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.0WNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; �� EJCDC GENERAL CONDITIONS 1910-9 (1990ECH[mo wi CITY OF FORT COLLINS MODIFICATIONS (REV 4.2000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work, and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1, The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within softy days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph9.11 1f 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. 112. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER ENGINEER ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable time for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections tests, or approvals required by the Contract Documents except: 13.4.1, for inspections, tests or approvals covered by paragraph 13.5 below, 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4i2000) below shall be paid as provided in said paragraph 13.9, and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or hfilestones), or both directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one-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 not defective, and (n) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 1.3.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item ra ay start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other 28 EJCDC GENERAL CONDITIONS 1910-8(1990Edltiai) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one yea two year after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13 13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER'S evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER'S Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article I I . Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment.• 142. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents, If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and dear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retamage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship By executing the aoolicatfon for WMent form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes Section 24-91-101 et sect CONTRAC'TOR'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 o(Applications far Progress Payment: 14 4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL. CONDITIONS 191M (1990 Echtim) w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final detemtination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER'sresponsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigrred 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.& ENGINE,ER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.72. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR'S performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15 2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER 30 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w! CITY OF FORT COLLINS MODIFICATIONS (REV 412000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER. and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNF,R's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (it) 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 part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work.