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
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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
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$0.00
$0.00
$0.00
$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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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
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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
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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
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LPATH Berm Erosion 01270-10 Measurement and Payment
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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
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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
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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
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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.
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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
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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
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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.
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PART 2 PRODUCTS (Not Applicable)
PART 3 EXECUTION (Not Applicable)
END OF SECTION
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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Protection Measures
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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
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Protection Measures
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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
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Protection Measures
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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
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LPATH Berm Erosion 02240-4 Water Control and Dewatering
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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
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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-
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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.
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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.
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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
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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:
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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,
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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
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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
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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
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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
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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
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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
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THIS PAGE INTENTIONALLY LEFT BLANK.
LPATH Berm Erosion 03350-8 Concrete Finishing
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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
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.,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)
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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
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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.
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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.