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HomeMy WebLinkAbout104903 G L HOFF - CONTRACT - BID - 5823 CITY OF FORT COLLINS AND CSU TRANSIT CENTERSPECIFICATIONS AND CONTRACT DOCUMENTS FOR CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE IA BID NO.5823 10 BID OPENING: PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS NOVEMBER 4, 2003 - 3:00 P.M. (OUR CLOCK) SECTION 00100 INSTRUCTIONS TO BIDDERS notice to 'OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Aepresentadve: 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 16 wl CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, 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 , 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. 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 fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the. performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of 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 furnish 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 workerscompensation 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—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's 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' 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 18 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent'defects and deficiencies in such other work. 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; 7.4,2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8—OWNER'S RESPONSIBILITIES 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 whose status under the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing r structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. and b ai:ty insuraftee are -set 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 81. OWNER'S responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNEWs right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of 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 fixn ish the Work in accordance with the Contract Documents. Mr- mp . .. _ _ • . Y ._. r_I _• • �I. 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 Mies 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 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. ENGINEERSs efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations 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 furnishing 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 Cenditiens of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEERs Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in paragraph 9.3 9.3.2. Duties and Responsibilities Representative will: 9.3.2.1. Schedules - Review the progress 19 schedule and other schedules: preparedby the CONTRACTOR and consult with the ENGINEER conemniak accetttabitity. . 9.3.2.2. Conferences and lvleetjng - Attend meeting_ with the CONTRACTOR such as cconferences. Marem meetin nshreur gs conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaisod 9.3.2.3.1. Serve as ENGINEERS liaison with CONTRACTOR working principally through CONTRACTORS 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 Lquired, for procer execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of M 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, InsRcetions and Tests - 9 3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in detem fining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.3. Accompany visiting inspectors presenting pj blic or other agencies having jurisdiction 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 transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER 9.3.2.6. Modifications. Consider and evaluate CONTRACTORS suggestions for EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) modi$cation in Drawings or Sttecifications 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 periodic reports, as required, of the progress of the Work and of the CONTRACTORS compliance with the progress schedule and schedule of shop Drawing and sample submittals. 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests, inspections or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Changes, obtainjn> backup material from the CONTRACTOR and recommend to ENGINEER Change Orders Work Directive Changes and field orders. 9 3 2 8 4 Report immediately to ENGINEER and OWNER the occurrence of any accident. 9 3 2 9 Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established REocedure for their submission and forward with recommendation to ENGINEER noting particularly the relationship of the payment 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 company of.the ENGINEER OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. 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 materials or equipment, unless authorized by the ENGINEER 9.3.3.2. Exceed limitations of ENGINEER'S authority as set 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. Adviseon, or issue directions relative to, or assume control over any aspect of the means, methods techniques sequences or Procedures for construction unless such is specifically called for in the Contract Documents 9.3.3.5. Advise on or issue directions regarding or assume control over safe precautions and programs in connections with the Work. 9.3.3.6. Acceet Shop "Drawings or sample submittals from anyone other than the CONTRACTOR. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER. Clarifications and Interpretations. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 Times 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 11 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 Order justifies 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. Rejecting Defective Work. 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or 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 ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices. 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with 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 (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing parry may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. 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 Work 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 party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 22 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 respect of any such claim, dispute or other matter ele 16. 9.13. Limitations on ENGINEM'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. 9.13.3. 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. 9.13.5. 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 THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions,, deletions or revisions in the Work. Such additions, deletions or 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 Price 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. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the. Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall - carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL, CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (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. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty 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 Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price 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 11.9.3, inclusive); 11.3.2, where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (detemiiried.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.. 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such 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 include, ut no be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and m irement benefits, -bemuses; 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 famished 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, EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 24 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 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. 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.S.h. 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. 11.4.5.3. 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. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by 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 propperty insurance established by OWNER in accordannce 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 losses shall include settlements made with the written consent and approval of OWNER. No such Iosses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's 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. 11.5.4. 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 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 11.6.2. 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 11.6.2 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 f the - flax""' ` to be negotiated in eood faith with the OWNER but not to exceed five Percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. 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 decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 No Text determinedpursuant Ito paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records. thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash 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 finnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. 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 include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit 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. 11.9.2. 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.OWNER 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 1910-8 (1990 Edition) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 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. 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 sixty 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 paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No' claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 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 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 fill 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 Milestones), 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 tight 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 eae year two veers 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 (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency Where delay would cause serious risk of loss or damage, OWNER may have the defective Workcorrected 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. 13.12.2.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 may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Work resulting, therefrom) has been corrected, removed or replaced under this paragraph 13.1 2, the correction period hereunder: with respect to such Work will be extended for an additional period of ene year two veers after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work. 13.13. I% 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 ENGINEERs 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, afterseven 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 11. 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.L 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: 14.2. 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 clear 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 retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subiect to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodlansbjp. By executing the application for payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes Section 24-91-101 et sea. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applicationsfor Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) recommendation of payment and present the Application. to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEEWs 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'& 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 determination 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's responsibility 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 assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, 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, 14.7.2. the Contract Price has been reduced. by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14,or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or firrnishing 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 30 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) considers the Work substantially completer 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. It; 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. 149. 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 OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such 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. 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 requesE, 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 paymetifi. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work.. In lieu of such releases or waivers of Liens and as" approved by OWNER, CONTRACTOR may famish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to fiunish 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 finalize payment are to be submitted on forms confornune to the format of the OWNERS standard forms bound in the Protect 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 terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing 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 TERiVIINATION OWNER May Suspend Work. 15:1. At any time and without cause, OWNERmay 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. OWNER May 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); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. 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 fall 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 32 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, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claim, 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. 15.4. Upon seven days' written notice to CONTRACTOR and. ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; .. 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, 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. CONTRACTOR May Stop Work or Terminate: 15.5. It; 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 terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of .this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I 1 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 Giving 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 firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.L When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w! CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 17.2.2. 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, 13.1, 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, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the 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 limited 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 this Agreement. Reference to two pertinent Colorado statutes are as follows 17.6.2. If a claim is filed OWNER is reouired by law (CRS 38-2 i-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor materials team hire sustenancep1ovisions, provender,or other supplies used or consumed by CONTRACTOR or his 33 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) w y (This page left blank intentionally.) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a.sub- bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid.Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, .00410, 00420, and.00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2..In accordance with Section 8-159 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 7/96 Section 00100 Page 1 ^ EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 36 w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 making 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. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will 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 1910-8 (1990 Edition) w/CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GC -AI No Text 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: Colorado State University Transit Center Site: North of Lory Student Center Fort Collins, Colorado Job #20015282 Date: 01-24-02 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. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The 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). -. SC-8.10 OWNER's Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's _. representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The - Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for — safety precautions or programs in connection with the Work, or for any.failure of the Contractor to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of .the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance . with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the -- Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not ., supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, 00800-2 techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR" to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 9/99 7 SECTION 00950' CHANGE ORDER NO. PROJECT TITLE: CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE IA; Bid No. 5823 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 % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: 9/99 Section 00950 Page 1 Section 00960 Application for Payment Insert pages 1 - 4 9/99 the contract or provide the services required, (2) whether. the bidder can perform the contract orprovide 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, availabilityand 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 ofany other contract with the City or in the payment of any taxes, licenses or other monies due to the City. — 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification -' of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be — indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to 7 7/96 Section 00100 Page 2 .w APPLICATION FOR PAYMENT PROJECT: PO# PAY ESTIMATE NO: DATE: CONTRACTOR: ADDRESS: CONTRACT FOR: PARTIAL TO The undersigned Contractor certifies that to the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received, in this current payment shown herein is now due. By: Date: FINAL TO In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: By: Date: Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE APPROVED BY: (Title) cc: Accounting City Clerk Contractor Engineer Project File DA IVAdvancement of Construction Technology CLARIIFICATION NOTICE Project: Clarification Notice Number: To: From: Date: A/E Project Number: Re: ContractFor: This Clarification Notice is issued for the purpose of clarifying the Contract Documents based on an interpretation reasonably inferable from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work in accordance with this Clarification Notice indicates acceptance with no change in the Contract Sum or Contract Time. Specification Section: Paragraph: Drawing Reference: Detail Description: ❑ Attachments Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ 0 ❑ ❑ _ ❑ File Copyright 1994, Construction Specifications Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA CSI Form 13.3A 22314 7 Advancement- otConstneaon Technology Project: Field Order Number: From: To: Date: Re: A/E Project Number: Contract For: FIELD ORDER You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the AIE immediately and prior to proceeding with this Work. Specification Section: Paragraph: Drawing Reference: Detail: Description of Interpretation or Change: ❑ Attachments Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specification Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSI Form 13AA Advancement o/ Construction Techneogy REQUEST FOR INTERPRETATION Project: R.F.I. Number. From: To: Date: A/E Project Number: Re: Contract For: Specification Section: Paragraph: Drawing Reference: Detail: Request: Signed by: Date: Response: ❑ Attachments Response From: To: Date Rec'd: Date Ret0d: Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File Copyright 1994, Construction Specifications Institute, - Page of - July 1994 99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSI Form 13.2A DATE OF ISSUANCE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. WORK CHANGE DIRECTIVE No. EFFECTIVE DATE ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: Unit Prices Lump Sum Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the change involves an increase, the estimated amount is not to be exceeded without further authorization. RECOMMENDED: Substantial Completion: days; Ready for final payment: days. AUTHORIZED: ENGINEER OWNER By: By: EJCDC No. 1910-8-F (1996 Edition) Prepued by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractor: of America and the Construction Specifications btstitute. WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORT{ CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CI4ANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. COLORADO DEPARTMENT OF TRANSPORTATION Project #5823 UNDERUTILIZED DBE GOOD FAITH EFFORT CSU Transit Center Phase 1A Location DOCUMENTATION Fort Collins, CO Date 11-5-2003 The Contractor who is the apparent low bidder on a CDOT construction project and has failed to meet the Underutilized DBE (UDBE) contract goals shall use this form to document good faith efforts made to date by said Contractor to attempt to meet these goals. FAILURE TO FULLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID. Each portion of this form is to be addressed in the space provided, or on supplemental sheets. Attach supporting documentation as required. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303-757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Solely at its discretion, CDOT may request additional information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts. 1. List sufficient bid items (including portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the established UDBE participation goal. Indicate the total percentage of work identified for UDBE participation. The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage goal established by CDOT. The majority of the work on this project was self performed by the general contractor 11. For each subcontract item identified, contact by mail, FAX and/or telephone a minimum of two currently CDOT-certified UDBEs whose work and function codes match the type of work being solicited. For projects in areas of the state where there are more than two UDBEs capable of performing identified subcontract items, contact at least two thirds of those UDBEs. If soliciting by telephone, provide a telephone log of calls, including topic of discussion, date, time, name of person contacted, and the response received. If soliciting by mail, provide copies of letters to UDBEs and their responses. Letters and FAXes must specifically identify the project, the items to be subcontracted, and the bid date. Letters and FAXes must provide an address and phone number where specific quantities or details will be available to bidders. The Contractor shall provide sufficient time to allow the UDBEs to participate effectively in the bidding process. Submit a detailed explanation addressing failure to provide any of the above. We were unable to locate DBE's in the catagories we subcontracted,.Our area (Larimer and Weld counties). We subcontracted: electrical, landscaping, asphalt, surveying, painting. Original -Business Programs Office, Copy -Contractor OVER Previous editions are obsolete and may not be used COOT Form 8718 31" III. List all UDBE and non-UDBE bidders, bid dollar amounts for each bid item, and the name of the successful bidder. Describe how bid items were broken down to increase opportunities for specific UDBE bidders. If the UDBE bids were rejected, give reasons for each case. Cost alone may not be adequate justification for failure to use a UDBE bid. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. Whether a bid is "competitive" or "significantly lower" will be determined by CDOT. Provide a detailed explanation for failure to provide any of the above. none IV. The efforts required herein are not exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In determining whether Good Faith Efforts have been made, the quantity and intensity of the efforts made as well as kinds of efforts made may be considered. List any additional efforts to increase UDBE contract participation, such as requesting subcontractors to assist with providing UDBE participation. Note the results of such efforts. L Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.0 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, G.L. Hoff Company , certifies or affirms the Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees at the provisions of 31 U.S.C. A 3801, et seq., apply to this certificaf nd discIo sureny ��]]]]]]���//�� Signature of Contractor's Authorized Official Miriam T. Hoff, Secretary Treasurer Name and Title of Contractor's Authorized Official November 5, 2003 Date Page 1 Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S. C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 CFR Part 661. Date NOvember 5, 2003 Company Name G.L. Hoff Company Title Miriam T. Hoff, Secretary Treasurer Page 27 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. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT 7/96 Section 00100 Page 3 FEDERAL REQUIREMENTS TABLE OF CONTENTS Buy America Requirements Page 2 Seismic Safety Requirements Page 2 Energy Conservation Requirements Page 2 Clean Water Requirements Page 2 Lobbying Page 2-3 Access to Records and Reports Page 3 Federal Changes Page 4-7 Clean Air Page 7 Recycled Products Page 8 Davis -Bacon Act Page 8-13 Contract Work Hours and Safety Standards Act Page 13-14 Copeland Anti -Kickback Act Page 14-15 No Government Obligation to Third Parties Page 15 Program Fraud and False or Fraudulent Statements Page 15 Termination Page 15-18 Governmentwide Debarment and Suspension (Nonprocurement) Page 18-19 Privacy Act Page 19-20 Civil Rights Requirements Page 20-21 Breaches and Dispute Resolution Page 21 Patent and Rights in Data Page 21-24 Disadvantaged Business Enterprise (DBE) Page 24-26 Interests of Members of or Delegates to Congress Page 26 Prohibited Interest Page 26 ATTACHMENTS: Attachment 1 Buy America Requirements 2 pages Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements 1 page Attachment 5 Davis Bacon Wage Determination 8 pages Page 1 BUY AMERICA REQUIREMENTS 49 U.S.C. 53230)49 CFR Part 661 The Buy America regulation, at 49 CFR 661.13, requires notification of, the Buy America requirements in FTA-funded contracts. The contractor agrees to comply with 49 U.S.C, 53230) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 53230)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 Clean Water (1) The Contractor agrees to comply with. all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et sec . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. LOBBYING 31 U.S.C. 135249 CFR Part 1949 CFR Part 20 Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C.0 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Page 2 Congress, officer or employee of Congress, or an employee of a member of Congress in _ connection with obtaining: any Federal contract, grant or any other award covered`by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient APPENDIX A, 49 CFR PART 20—CERTIFICATION REGARDING LOBBYING Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal. Certification for Contracts, Grants, Loans, and Cooperative Agreements ACCESS TO RECORDS AND REPORTS — 49 U.S.C. 5325 18 CFR 18.36 49 CFR.633:17Access to Records - The following access to records requirements apply to this Contract: — 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees — to provide the Purchaser, the FTA Administrator, the Comptroller General of the Unites States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. —' 633.17 to provide the FTA Administrator or his authorized, representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through — the programs described at 49 U.S.C. 5307, 5309'or 5311. 2. Not applicable 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or _ other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the Unites States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor -" which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)l) through other than competitive bidding, the Contractor shall — make available records related to the, contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. _ 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the — performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related -' thereto. Reference 49 CFR 18.39(i)(11). Page 3 FEDERAL CHANGES 49 CFR Part 18 Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA (2) dated October, 1995) between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to_;so comply shall constitute a material breach of this contract. BONDING REQUIREMENTS (for Purchasing Information only -does not need to be included in bids or RFPS) Applicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000 FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: (1) 50% of the contract price if the contract price is not more than $1 million; (2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or (3) $2.5 million if the contract price is more than $5 million. d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Bonding requirements • flow down to the first tier contractors. FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction) (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Page 4 Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish.adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security — to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or Inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as — provided in [item'x "Bid Security" of the instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages; so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained' on this form, other than that requested, will render the bid Unresponsive. Performance'and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: _ (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a — contract price is increased. The increase in protection shall generally, equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds .. 1. The penal amount of the payment bonds shall equal: — (i) Fifty percent of the contract price if the co9ntract price is not more than $1 million -� (ii) Forty percent of the .contract price if the contract price is more than $1 million but not more than $5 million; or Page 5 (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non -Construction) The 'Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. a) The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be .provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it in financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as fellows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Page 6 Advance Payment Bonding: Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (Recipient) shalt determine the amount of the advance payment bond necessary to protect the (Recipient). — Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance -bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (Recipient) shall determine the amount of the patent indemnity to protect the (Recipient). — Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new'unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract _. Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate 'surety that provides the Performance bond and Labor _ and Material Payment Bond for this Contract These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED — PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). CLEAN AIR 42 U.S.C. 7401`et seq 40 CFR 15.61 49 CFR Pant 18 Clean Air (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.0 7401 et seq.. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract _ exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Page 7 RECYCLED PRODUCTS 42 U.S.G.6962 40 CFR Part 247 Executive Order 12873 Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. D"IS-BACON ACT 40 USCO276a-276a-5 (1995) 29 CFRO 5 (1995) The language in this.clause is mandated under the DOL regulations at 29 C.F.R.05.5.) (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and: mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employees payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis -Bacon poster (WH-1 321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) Whenever the, minimum wage rate prescribed in the, contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iii) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may Page 8 require the contractor to set aside in a separate account assets for the meeting of obligations _ under the plan or program. (iv) (A) The contracting officer shall require that any class of laborers or mechanics which is _ not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shalt approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and - (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be 'employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated`for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards, Administration, Washington, DC 2021 0. The Administrator, or an authorized representative, will approve, modify; or disapprove every additional classification' action Within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and .the contracting officer do not agree' on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all' interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized' representative, _ will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. _ (D)' The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (1)(iv) .(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in — the classification. (2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written -- request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor _ or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or 'helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949' in the construction or development of the project), all or part of the wages required by the contract, the [ insert name of grantee j Page 9 may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of, each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked,. deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include .the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the [insert name of grantee ] for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR part 5 and that such information is correct and complete; (2)• That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage,rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. Page 10 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 rt after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. -- 7/96 Section 00100 Page 4 (C) The weekly submission of -a property executed certification set forth on the reverse sideof Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1 001 of title 1,8 and section 231 of title 31 of the United States Code. (iii The contractor or subcontractor shalt make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized` representatives of the Federal Transit Administration or the Department of Labor, and shalt permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor — fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of. any further _ payment, advance,. or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees (i} Apprentices -'Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training; -. or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in " such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any _ craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the — classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually — performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or — subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the „w applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. if the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits. listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws Page 11 RY approval of an apprenticeship program, the contractor will no ,longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed, In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 1 1 246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements- All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of. this contract shall not be subject to the general disputes clause of this contract. Such disputes shall. be resolved in accordance with the procedures of the Department of Labor set Page 12 forth in 29 CFR parts 5, 6, and T. Disputes within the meaning of this clause Include disputes _ between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility ^ (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm. is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (III) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. ~ 1001. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C.0 827 -333 (1995) 29 C.F.R.0 5 (1995) 29 C.F.R.A 1926 (1995) ^ Pursuant to Section 102 (Overtime): (1) Overtime requirements No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require .or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,' including �- watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $ 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The City of Fort Collins shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, .. such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in - paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Page 13 (5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social"security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. Section 107 (OSHA): Contract Work Hours and Safety Standards Act (i) The Contractor agrees.to comply with section 107 of the Contract t Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. (ii) Subcontracts - The Contractor also agrees .to include the requirements of this section in each subcontract. The term "subcontract' under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor' if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. COPELAND ANTI -KICKBACK ACT 40 U.S.C. 0 276c (1995) 29 C.F.R. 0 3 (1995) 29 C.F.R. 0 5 (1995) 3.1 of the Copeland Act makes it clear that the purpose of the Act is to assist.in "the enforcement of the minimum wage provisions of the Davis- Bacon Act." In keeping with this intent DOL has Page 14 included a section on the Copeland Act in the mandatory language of the Davis -Bacon _ provisions. The language can be found at %5(a)(5) of the Davis-8'aeon model clauses and reads as follows: NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, '- absent the express written consent by the Federal Government, the Federal Government is not a party to'this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract (2) The Contractor agrees' to include the above clause in each, subcontract financed in whole or in -- part with Federal assistance provided by FTA. ' It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. ' PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS ^ AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C.5307 Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C.0 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying' contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made; it makes, it may make, or causes to` be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being 'performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.0 5307, the Government reserves the right to impose the penalties of 18 U.S.C.0 1001 and 49 U.S.C.0 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION 49 U.S.C. Part 18 FTA Circular 4220.1 D a. Termination for Convenience (General Provision) The, City of Fort Collins may terminate this -" contract, in whole or in part, at any time by written notice to the Contractor when it is in the Page 15 ..w Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performedup to the time of termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Fort Collins, the Contractor will account for the same, and dispose of it in the manner the City of Fort Collins directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Fort Collins may terminate this contract for, default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Fort Collins that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Fort Collins, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to the City of Fort Collins' satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by Contractor or written notice from the City of Fort Collins setting forth the nature of said breach or default, the City of Fort Collins shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City of Fort Collins from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City of Fort Collins shall not limit the City of Fort Collins's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. f. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins Page 16 shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of _ default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the City of Fort Collins, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and the City of Fort Collins shall agree on payment for the Preservation and protection of goods.Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in -- default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City of Fort Collins. g. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor — fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The`City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the worts and compete it by contract or otherwise, and may take possession of and use any — materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the — Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor changed with damages under this clause if 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [1 0] days from the beginning of any delay, notifies the City of Fort — Collins in writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is excusable, the time for completing the work shall be extended. The judgment of the City of Fort Collins shall be final and conclusive on the parties, but subject to appeal under the -- Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. " h. Termination for Convenience or Default (Architect and Engineering) The City of Fort Collins may terminate this contract in whole or in part, for the Recipient's convenience or -- because of the failure of the Contractor to fulfill the contract obligations. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, — extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless -the notice directs otherwise), and Page 17 (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an Equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to.fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. i.. Termination for Convenience of Default (Cost -Type Contracts) The City of Fort Collins may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state ,whether the termination is for convenience of the City of Fort Collins or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the City of Fort Collins, or property supplied to the Contractor by the City of Fort Collins. If the termination is for default, the City of Fort Collins may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid its Contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the Work performed up to the time of termination. If, after serving a notice of termination for default, the. City of Fort Collins determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City of Fort Collins, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29 Executive Order 12549 Instructions for Certification 1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below . 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the. Federal Government, the City of Fort Collins may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the City of Fort Collins if at any time the prospective lower tier participant learns that its certification was Page 18 erroneous when submitted or has become erroneous by reason of changed circumstances. _ 4. The terms "covered transaction," "debarred,""suspended," "ineligible, "tower tier covered transaction," :"participant,"'"persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29). You may contact the City of Fort Collins for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or -- voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City of Fort Collins. 6. The prospective lower tier participant further agrees by submitting this proposal that it will — include the clause . titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - tower Tier Covered Transaction", without modification, in all lower tier _ covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in.a covered transaction may rely upon a certification of aprospective participant in a lower tier covered transaction that it is not debarred', suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous, A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement. List issued by U.S. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of — records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. — 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is ^ suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies 'available to the Federal Government, the City of Fort Collins may pursue available remedies including suspension and/or debarment. (1) . The prospective lower tier participant certifies, by submission of this bid or proposal; that neither it nor its "principals" [as defined at 49 C.F.R.0 29.105(p)] is presently debarred, suspended, — proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. PRIVACY ACT 5 U.S.C. 552 When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those fifes are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor Page 19 and their contracts at every tier. (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.0 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government.' The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. CIVIL RIGHTS REQUIREMENTS 29 U.S.C.0 623, 42 U.S.C.0 2000 42 U.S.C.0 6102,42 U.S.C.012112 42 U.S.C.0 12132, 49 U.S.C.0 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.0 2000d, section 303 of the Age Discrimination Act of. 1975, as amended, 42 U.S.C. 0 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C.0 12132, and Federal transit law at 49 U.S.C.0 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed,. National Origin, Sex - In accordance with Title VI I of the Civil Rights Act, as amended, 42 'U.S.C.0 2000e, and Federal transit laws at 49 U.S.C.0 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of. Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et = ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 1 1 246 Relating to Equal Employment Opportunity," 42 U.S.C.0 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal. policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or .other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C.0 623 and Federal transit law at 49 U.S.C.0 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In Page 20 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid.is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral; telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 7/96 Section 00100 Page 5 addition, the Contractor agrees to comply with any implementing requirements FTA may issue. _ (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C:9 12112, the Contractor agrees that it wilt comply with the requirements of U.S: Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. in addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected — parties: BREACHES AND DISPUTE RESOLUTION. 49 CFR Part 18 ._. FTA Circular 4220.1 D Pick applicable clause: _ Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City of Fort Collins's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt' of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The — decision of the, [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute Unless otherwise directed by the City of Fort Collins, — Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury ordamageto person or property because of any act or omission of the party or of any of his employees, agents or — others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City of Fort Collins and the Contractor arising out of or relating to this agreement or its breach will. be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City of Fort Collins is — located. and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City of Fort Collins, (Architect) or Contractor shall constitute a waiver of any _ right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically' agreed in writing. _ PATENT AND RIGHTS IN DATA 37 CFR"Part 401 _ 49 CFR Parts 18 and 19 The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FT/k is governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's Page 21 MW purposes for awarding research grants. This model clause, with larger rights ,as a standard, is proposed with the understanding that this standard could be modified to FTA's needs. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORD. A. Rights in Data - This following requirements apply to each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer'memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following -restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public' this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R.0 18.34 and 49 C.F.R.O 19.36, the Federal Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)l and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying. contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Page 22 Contractor's use whosecosts are financed in whole or in part with Federal' assistance provided by FTA for transportation capital projects. _ (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation' by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required- to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, -- official, or agents of the Federal Government.' (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Governmentunder-anypatent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government- that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from _ the requirements of subsections (b), (c), and (d) of this clause provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status i.e. , a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, _ individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, Rights to Inventions Made by Nonprofit _ Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights This following requirements apply to each contract involving experimental, developmental, or research work: (1) General - If any invention, improvement, or discovery is conceived or first actually . reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws _ of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the - party at a higher tier until FTA is ultimately notified. _ (2) Unless the Federal Government later makes a` contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the Page 23 necessary actions to provide, through FTA. those rights in that invention due.the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23 DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT that Disadvantaged Business Enterprises, as defined in 49.. CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed`in whole or in part with Federal funds provided under this Agreement. In this regard, all grantees and vendors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that the DBE have the maximum opportunity and shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. Disadvantaged Business Enterprise Provision 1. The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to match projected procurements with available qualified disadvantaged businesses. the City of Fort Collins goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by the City of Fort Collins as set forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from this request for proposal. If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBEs in the work provided; the City of Fort Collins may declare the Contractor noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that no specific goal is assigned to this contract. (a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum opportunity to participate in the performance`of Contract financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply to this Contract. The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds provided under this Agreement. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with the regulations to ensure that DBEs have the maximum opportunity to compete for and perform subcontracts. The Contractor shall not Page 24 discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in the award and performance of subcontracts: It is further the policy of the City of Fort Collinsto promote the development and increase the — participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of the City of Fort Collins procurement activities are encouraged. (b) DBE obligation - The Contractor and its subcontractors agree to ensure that — disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed In whole or in part with federal funds provided under the Agreement. In that regard, all Contractors and subcontractors shall take all necessary and — reasonable steps in. accordance with 49 CFR Part 23 'as amended, to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. (c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to involve DBEs in the work provided, the City of Fort Collins may declare the contractor noncompliant and in breach of contract. _ (d) The Contractor will keep records and documents for a' reasonable time following performance of this contract to indicate compliance with the City of Fort Collins DBE program. These records and documents will be made available at reasonable times and places for inspection by any authorized representative of the City of Fort Collins and will be submitted to the City of Fort Collins upon request. (e) the City of Fort Collins will provide affirmative assistance as may be reasonable and necessary to assist the prime contractor in implementing their programs for DBE participation. The assistance may include the following upon request: -- • Identification of qualified DBE • Available listing of Minority Assistance Agencies * Holding bid conferences to emphasize requirements 2. DBE Program Definitions, as used in the contract: (a) Disadvantaged business "means a small business concern": i. Which is at least 51 percent owned by- one* or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ii. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. or iii. Which is at least 51 percent owned by one or more women individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one or more women individuals; and iv. Whose management and daily business operations are controlled by one or more women individuals who own if. (b) "Small business concern" means a small business as defined by Section 3 of the Small Business Act and Appendix B - (Section 106(c)) Determinations of Business Size. Page 25 (c) "Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully admitted permanent residents) and who are black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, or women, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. i. "Black Americans", which includes persons having origins in any of the Black racial groups of Africa; ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas; v. "Asian -Indian Americans", which includes persons whose origins are from India, Pakistan, and Bangladesh. INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. PROHIBITED INTEREST No employee, officer, or agent of the grantee shall participate in selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such conflict would arise when: The employee, officer or agent; any member of his immediate family; his or her partner; or an organization which employs, or is about to employ, has a financial or other interest in the firm selected for award. The grantee's officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of subagreements. Page 26 Attachment 1' BUY AMERICA REQUIREMENTS -49 U.S.C. 63230) - 49 CFR Part 66 F Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 CFR Part 661. Date Signature Company Name Title Page 27 Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part;661 A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all Bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Non -Compliance with 49 U.S.C. 53231y)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7. Date Signature Company Name Title Page 28 Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee ofa Mernber of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, — amendment, or modification of any Federal' contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for — making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit — Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, — et seq .)] (3) The undersigned shall require that the language of this certification be included in the -- award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance — was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.0 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be — subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Date Name and Title of Contractor's Authorized Official — Page 1 -I- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 09-19-03 GENERAL DECISION NUMBERS C0030014 AND C0030015, HIGHWAY CnNSTRTTCTTnM Decision Nos. C0030014 and C0030015 dated June 13, 2003 Modifications ID supersedes Decision Nos. C0020014 and C0020015 dated MOD 1 08-15-03 Pages 1, 5 1 March 12 2002. " I MOD 2 09-19-03 Pages 1,2,5,6 2 When work within a project is located in two or more counties, and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0030014 applies to the following counties: Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa Pueblo and Weld counties. General Decision No. C0030014 The wage and fringe benefits listed below reflect collectively bargained rates, Code Classification Basic Hourly Fringe Benefits Last Rate Mod ELECTRICIANS: (Excluding traffic signal installation) 1200 Electrical work $200,000 or less. (Pueblo county) 18.98 8.44 2 1201 Electrical work over $200,000 (Pueblo county) 23.74 8.44 2 1202 Electricians (Adams, Arapahoe, Boulder, Denver, Douglas, Jefferson, Larimer, and Weld counties) 27.91 8.67 1 1203 Electricians (El Paso county) 24.10 10.59+ 3% 1204 Electricians (Mesa county) 20.35 5.14+4% POWER EQUIPMENT OPERATORS: 1300 Asphalt Screed 20.17 6.22 2 1301 Bituminous or Asphalt SpreaderJLaydown Machine 20.17 6.22 2 1302 Bulldozer 20.17 6.22 2 Crane: 1305 50 tons and under 20.32 6.22 2 1306 51 to 90 tons 20.47 6.22 2 1307 91 to 140 tons 20.62 6.22 2 1308 141 tons and over 21.38 6.22 2 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at•any time prior to the opening of _ Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the _ receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. _ Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of .any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the _ Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance 7/96 Section OO100 Page 6 -2- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO GENERAL DECISION NUMBERS C0030014 AND C0030015, U17 =T7\x/ A V t nNCTT? T TrwrTnW DATE 09-19-03 General Decision No. C0030014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont.): Drill Operator: 1309 William MF/Watson 2500 only 20.47 6.22 2 Grader/Blade. 6.22 2 1310 Rough 20.17 6.22 2 1311 Finish 20.47 6.22 2 Loader: 6.22 2 1312 Barber Green, etc., 6 cubic yards and under _. 20.17 6.22 2 - 1313 Over 6 cubic yards 20.32 6.22 2 Mechanic and/or Welder (Includes heavy duty and combination 6.22 2 mechanic and welder): 1314 Mechanic 20.32 6.22 2 1315 Mechanic/Welder (Heavy duty) 20.47 6.22 2 1316 Oiler 19.47 6.22 2 Power Broom: 6.22 2 1317 Under 70 HP 19.47 6.22 2 1318 70 HP and over 20.17 6.22 2 Roller: 6.22 2 1319 Self-propelled, rubber tires under 5 tons 19.82 6.22 2 1320 Self-propelled, all types over 5 tons 20.17 6.22 2 Scraper: 6.22 2 1321 Single bowl under 40 cubic yards 20.32 6.22 2 1322 Single bowl including pups 40 cubic yards and tandem bowls 20.47 6.22 2 and over 1323 Trackhoe 20.32 6.22 2 1324 Water Truck 20.32 6.22 2 Laborers: 1400 Asphalt Laborer/Raker, Common Laborer, 16.29 4.25 and Concrete Laborer/Mason Tender -3_ U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 09-19-03 GENERAL DECISION NUMBERS C0030014 AND C0030015, HIGHWAY CONSTRUCTION General Decision No. C0030014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic .Hourly Fringe Benefits Last Rate Mod 1500 Bricklayers 15.55 2.85 Carpenters: 1600 Form Work (Excluding curbs and gutters) 16.54 3.90 1601 All other work 16.61 3.88 1700 Concrete Finishers/Cement Masons 16.05 3.00 Ironworkers: 1900 Reinforcing 16.69 5.45 1901 Bridge Rail (Excludes guardrail) 18.22 6.01 Laborers: 2001 Fence Erector (Includes fencing on bridges) 13.02 3.20 2002 Form Work (Curbs and gutters only) 11.85 3.45 2003 Guardrail Erector (Excludes bridgerail) 12.89 3.20 2004 Landscape and Irrigation Laborer 12.26 3.16 2005 Pipelayer 13.55 2.41 2006 Striping Laborer (Pre -form layout and removal of pavement markings) 12.62 3.21 2007 Traffic Director/Flagger 9.55 3.05 2008 Traffic and Sign Laborer (Sets up barricades and cones, and installs permanent signs) 12.43 3.22 PAINTERS 2100 Brush 16.94 2.10 2101 Spray 16.99 2.87 POWER EQUIPMENT OPERATORS: 2200 Backhoes 16.54 4.24 2201 Bobcat/Skid Loader 15.37 4.28 2202 Concrete Pump Operator 16.52 4.30 -4- , U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 09-19-03 GENERAL DECISION NUMBERS C0030014 AND C00300I5, urnrnxrA v rnueTn r rr Mni r General Decision No. C0030014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basle Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont.): Drill Operator: 2203 All except William MF/Watson 2500 16.74 2.66 1204 . Forklift 15.91 4.09 . 2205 Rotomill Operator 16.22 4.41 . 2206 Post Driver/Punch Machine 16.07 4.41 2207 Tractor 13.13 2.95 2208 Compactor 16.70 3.30 Traffic Signal Installation: 2300 Traffic Signal Installers 18.66 4.12 2301 Groundsman 11.44 3.25 Truck Drivers: 2400 Floats -Semi Truck 14.86 3.08 2401 Multipurpose Truck - Specialty & Hoisting 14.35 3.49 2402 Truck Mechanic 16.91 3.01 2403 Pickup Truck (Includes Pilot and Sign/Barricade Truck) 13.93 3.68 2405 Single Axle Truck 14.24 3.77 2406 Distributor Truck 15.80 5.27 2407 Dump Truck: 2408 14 cubic yards and under 14.93 5.27 2409 15 to 29 cubic yards 15.27 5.27 2410 30 to 79 cubic yards 15.80 5.27 2411 80 cubic yards and over 16.45 5.27 2412 Low Boy Truck 17.25 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. END OF GENERAL DECISION NUMBER C0030014. TECHNICAL SPECIFICATION CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS TRANSIT CENTER— PHASE tk SECTION 00003 —TABLE OF CONTENTS COOVER-CLARK & ASSOCIATES, P.C. TABLE OF CONTENTS Document Document Page Number Title Number Title Sheet 00002 Architect/Consultants/Owner 1 00003 Table of Contents 1 thm 3 DIVISION 01 GENERAL REQUIREMENTS 00001 General 1 thru 3 01010 Summary of Work 1 thin 3 01020 Administration and Supervision 1 thm 2 01041 Project Coordination 1 thm 4 01300 Submittals, Shop Drawings, Product Data and Samples 1 thm 4 01400 Quality Control 1 01600 Material and Equipment 1 thru 2 01700 Contract Closeout 1 thm 4 01720 Project Record Document 1 01730 Operating and Maintenance 1 thm 3 DIVISION 02 SITE WORK 02000 Site Work 1 tluu 4 02100 Site Preparation I thnr 2 02200 Earthwork 1 thin 5 02225 Roadway Site Grading I thm 7 02612 Asphalt Paving 1 thm 3 02619 Site Concrete 1 thm 4 02910 Landscape Irrigation 1 thm 13 02900 Landscape Work 1 thin 8 02950 Landscape Protection 1 thm 2 DIVISION 03 CONCRETE (NOT USED DIVISION 04 MASONRY (NOT USED) DIVISION 05 METALS 05526 Ornamental Metal Fence 1 thm 2 DIVISION 06 WOOD AND PLASTICS (NOT USED) 00003 - i TECHNICAL SPECIFICATIOk, CITY OF FORT COLLINS A COLORADO STATE UNIVERSITY DlllISION 0 - BIDDINti AND CONTRACT DOCUMENTS TRANSIT CENTER - PHASH" to COOVER-CLARH & ASSOCIMTEd. P.C: BECTION 60003 -TABLE OF CONTENTS DIVISION 07 THERMAL & MOISTURE PROTECTION — (NOT USED) DIVISION 08 DOOR, WINDOWS AND GLASS (NOT USED) DIVISION 09 FINISHES 09900 Painting 1 thm 2 — DIVISION 10 SPECIALTIES (NOT USED) DIVISION 11 EQUIPMENT — (NOT USED) DIVISION 12 FURNISHINGS — (NOT USED) DIVISION 13 SPECIAL CONSTRUCTION (NOT USED) -- DIVISION 14 CONVEYING SYSTEMS (NOT USED) r DIVISION 15 MECHANICAL (NOT USED) DIVISION 16 ELECTRICAL ' (NOT USED) APPENDICES APPENDIX A CDOT Portland Cement Concrete Paving 1 tluu 16 _ APPENDIX B CDOT Hydraulic Cement 1 thm 2 APPENDIX C CDOT Joint, Waterproofing, and Bearing Materials 1 thru 2 APPENDIX D Geotechnical Engineering Report 1 thm 52 00063 - 2 TECHNICAL SPECIFICATION CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS TRANSIT CENTER- PHASE 1A SECTION 00003 - TABLE OF CONTENTS COOVER-CLARK & ASSOCIATES, P.C. ADDENDUM ADDENDUM #1 Addenda to Landscape Drawing ADDENDUM #3 Addenda to Architectural Drawings 00003 - 3 No Text 1— The General Conditions, Supplementary General Conditions and Division 1, General Requirements are hereby made a part of this section as fully as if repeated herein. 1 GENERAL 1.01 CONDITIONS AND REQUIREMENTS Division 1 - General Requirements shall govern work under all Divisions of the Specifications. 1.02 SPECIFICATION LANGUAGE EXPLANATION Specifications are of abbreviated, simplified or streamlined type and include incomplete sentences. Omissions of words or phrases such as"the Contractor shall," "in conformity therewith," "shall be," "as noted on the Drawings," "a," "the" are intentional. Supply omitted words or phrases by inference in same manner as they are when "NOTE" occurs on Drawings. Supply words "shall be" or "shall' by inference when colon is used within sentences or phrases. Supply words "on the Drawings" by inference when "as indicated" is used with sentences or phrases. Where reference is made to specifications, societies, institutes, or associations or manufacturer's directions, they are, except as may be inconsistent herewith, made part of specifications, to same extent as if written out in full herein. Use latest edition, at time of bidding, if a date is not given. 1.03 ABBREVIATIONS References in Contract Documents to trade associations, technical societies, recognized authorities and other institutions include following organizations, which are sometimes referred to only by corresponding abbreviations: n AA Aluminum Association AAMA Architectural Aluminum Manufacturer's Association ACI American Concrete Institute AIMA Acoustical and Insulating Materials Association (successor to AMA and IBI) AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMA Acoustical Materials Association ANSI American. National Standards Institute (successor to USASI and ASA) APA American Plywood Association ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASTM American Society for Testing Materials AWI Architectural Woodwork Institute AWPA American Wood Preservers Association AWS American Welding Society CDA Copper Development Associations, Inc. CM/GC Construction Manager/General Contractor CRA California Redwood Association CRSI Concrete Reinforcing Steel Institute CS Commercial Standard (U.S. Department of Commerce) DFPA Douglas Fir Plywood Association EPA Environmental Protection Agency FGMA Flat Glass Marketing Association FIA Factory Insurance Association FM Factory Mutual Engineering Division FS Federal Specification 01000-1 -1A MIA Marble Institute of America MIL Military Specification MILMA Metal Lath Manufacturer's Association NAAMM The National Association of Architectural Metal Manufacturers NBFU National Board of Fire Underwriters NBS National Bureau of Standards NCMA National Concrete Masonry Association NEC National Electric Code (of NBFU) NEMA National Electrical Manufacturers' Association NFPA National Fire Protection Association NIOSH National Institute of Occupational Safety and Health NMWIA National Mineral Wool Insulation Association NPVLMA National Paint, Varnish and Lacquer Manufacturers' Association NTMA The National Terrazzo and Mosaic Association OSHA Occupational Safety and Health Administration PCA Portland Cement Association PCI Prestressed Concrete Institute PEI Porcelain Enamel Institute PS Product Standard (U.S. Department of Commerce) SCPI Structural Clay Products Institute SDI Steel Deck Institute SJl Steel Joist Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SPA Southern Pine Association SPI The Society of Plastic Industry, Inc. SPR Simplified Practice Recommendation (U.S. Department of Commerce) SSPC Steel Structures Painting Council SWI Steel Window Institute TCA Tile Council of America UL Underwriters' Laboratories, Inc. WCLA West Coat Lumbermen's Association WRI Wire Reinforcement Institute WWPA Western Wood Products Association 1.04 SCHEDULE OF DRAWINGS, SPECIFICATIONS AND ADDENDA The following Drawings, Project Manual, and Addenda from the Contract Documents. A. Set of Drawings dated October 2, 2003 as listed below: Sheet No. Drawing Titled C-1-0 Cover Sheet C-2-0 Topographic Survey C-3.0 Demolition Plan C-4.0 Site Plan C4.1 Striping & Signage Plan C-5.0 Grading Plan C-6.0 Construction Details C-6.1 Construction Details A-1.0 Fence Plan E-1.0 Electrical Plan L-1.0 Landscape Plan B. Project Manual titled: Specifications, dated October 2003. 01000-2 TECHNICAL SPECIFICATION CITY OF FORT COLLINS S COLORADO STATE UNIVERSITY DIVISION 1 -GENERAL REQUIREMENTS TRANSIT CENTER PHASE -1A SECTION 01000 -GENERAL COOVER ^LARK &ASSOCIATES, P.C. C. Addenda: All Addenda issued prior to .bidding. 1.05 EXAMINATION OF SITE Failure to visit the site will in no way relieve any Contractor from the necessity of furnishing materials or performing work that may be required to complete work in accordance with the Contract Documents without additional cost to Owner. 1.06 LAYING OUT WORK The Contractor will furnish reference bench mark and maintain bench mark and all other grades, lines, and levels and dimensions as indicated in the Contract Documents. Report any errors or inconsistencies in above to Owner before commencing work. Except as delegated by subcontract or normal trade practice, the Contractor will be responsible for all lines, elevations, and measurements of work indicated. END OF SECTION requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER 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 7/96 Section 00100 Page 7 No Text r Cc MMOAL WIMA UAI WNs CITY OF FORT COLLINS 6 COLORADO STATE UNIVERSITY DIV T - GENERAL REQUIREMENTS TRANSIT CENTER PHASE -1A SECTION 01010 - SUMMARY OF WORK COOVER-CLARK & ASSOCIATES P.C. The General Conditions, any Supplementary General Conditions and Division 1, General Requirements are hereby made a part of this section as fully as if repeated herein. I GENERAL 1.01 DESCRIPTION: A. The Work specified in this Section consists of fumishing all labor, materials, tools, equipment, services, and incidentals for the construction of a new Transit Center at the Lory Student Center on the Colorado State University campus. B. The Work includes site excavation and demolition, grading, landscaping, irrigation system, fencing, and electrical lighting on site. 1.02 WORK BY OTHERS: A. The Contractor is hereby notified that there may be other construction activities within the Project and adjacent to the Work sites scheduled throughout the duration of this contract. It is the Contractor's responsibility to keepapprised of such projects and how they may affect the Work. The Contractor shall maintain contact with the Owner and with other contractors and schedule work so as to minimize the effect of such construction activities on other site activities. B. Separate contracts may be issued by the Owner to others to perform certain construction operations at the site. Those operations may precede construction operations performed under this Contract, or may proceed concurrently with Work of this Contract. Refer to remaining Section of Division 1 for Owner - furnished items and work. C. Contractor's use of premises: During the construction period, the Contractor shall have full use of the premises for construction operations, including use of the site. The Contractor's use of the premises is limited only by the Owner's right to perform construction operations with its own forces or to employ separate contractors on portions of the project. 1. Confine operations to areas within limits indicated, or agreed upon with Owner. Portions ofthe site beyond areas in which construction operations are indicated are not to be disturbed. Confirm any site access restrictions or limitations with the Owner prior to beginning work. 2. Keep driveways and entrances serving the premises and adjacent premises clear and available to the Owner and the Owner's employees at all times. Do not use these areas for parking or storage of materials. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on site. Right-of-way access roadways through the site to adjacent properties shall be maintained for public access at all times, unless alternate means are agreed to with the Owner, and are acceptable to all concerned parties. 3. Burial of Waste Materials: Do not dispose of organic or hazardous materials on site, either by burial or by burning. 1.03 FUTURE WORK: The Contractor is hereby notified that there are other future construction activities within the Project and adjacent to the Work sites scheduled after completion of this Contract. It is the Contractor's responsibility to keep apprised of such projects and how they may affect the Work. 1.04 OWNER OCCUPANCY: A. Partial Owner Occupancy: The Owner reserves the right to occupy and to place and install equipment in completed areas of the site, prior to Substantial Completion provided that such occupancy does not interfere with completion of the Work. Such placing of equipment and partial occupancy shall not constitute acceptance of the total Work 1. A Certificate of Substantial Completion will be executed for each specific portion of the Work to be occupied prior to Owner occupancy. 2. Obtain a Certificate of Occupancy for local building officials prior to Owner occupancy. 3. Prior to partial Owner occupancy, systems shall be fully operational. Required inspections and tests shall have been successfully completed. Upon occupancy, the Owner will provide 01010 t -1A operation and maintenance of systems in occupied portions of the site. 1.05 SITE CONDITIONS: A. SITE INVESTIGATION 1. The Contractor acknowledges satisfaction as to the nature and location of the Work, all of the general and local conditions, particularly those bearing upon availability of transportation, access to the site, disposal, handling and storage of materials, availability of labor, water, power, roads, and uncertainties of weather, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during work, and all other matters that can in any way affect the work or the cost thereof under '— this contract 2. The Contractor further acknowledges, by submission of a bid, satisfaction as to the character, quality, and quantity of all surface and subsurface materials, and all features on top of the _ surface, such as, but not limited to abandoned work sites or utilities to be encountered from his inspection ofthe site and fiom reviewing available records of exploratory work famished by the City. Failure by the Contractor to become acquainted with the physical conditions ofthe site and all the available information will not relieve the Contractor from responsibility for properly estimating the difficulty or cost of performing the work- 3. The Contractor warrants that as a result of examination and investigation of all the aforesaid data and the site, that the Contractor 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: a. such representation are expressly stated in the Contract, and/or b. the Contract expressly provides that the responsibility therefore is assumed by the Owner. 2. PRODUCTS (NOT USED) 3 EXECUTION 3.01 CONTRACTOR'S DUTIES: A. Except as otherwise specified, furnish the following to the full extent required by the Contract. 1. Labor, superintendence, and products.. -- 2. Construction equipment, tools, machinery, and materials. 3. Utilities required for construction and related activities. 4. Other facilities and services necessary to properly execute and complete the work, including security for Worksite, testing and storage and protection of all materials awaiting incorporation into the Work. B. Prosecute the Work as specified and in a timely manner. Submit schedule of Work which will be performed at times other than during the eight -hour working day of Monday through Friday, daylight hours, and five-day working week to the Owner for review and acceptance not less than forty-eight (48) hours in advance of those times. Construction operations will normally be confined to the hours between dawn and dusk. Approval to work at night may be obtained after Contractor presents a written program _ outlining special precautions to be taken to control the extraordinary hazards presented by night work. That program shall include, but not be limited to, supplementary lighting of work areas, availability of medical facilities, security precautions, and noise limitations. 3.02 COORDINATION: A. Coordinate prosecution of Work with those public utilities, governmental bodies, private utilities, and other contractors, performing work on, and adjacent to, the Worksite. Eliminate or minimize delays in the ... Work and conflicts with those utilities, bodies, and contractors. Schedule governmental, private utility, 01010-2 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS 3 COLORADO STATE UNIVERSITY DIV t - GENERAL REQUIREMENTS TRANSIT CENTER PHASE -1A SECTION 01010 - SUMMARY OF WORK COOVER-CLARK R ASSOCIATES P.C. and public utility work which relies upon survey points, lines, and grades established bythe Contractor, w occur immediately after those points, lines, and grades have been established. Confirm coordination measures for each individual case with the Owner in writing. B. In the coordination effort with Work by others, the Contractor shall obtain and refer to equipment locations and other layouts, as available, to avoid interface problems. C. The Owner reserves the right to permit access to the site of the Work for the performance of Work by other contractors and persons at such times that the Owner deems proper. The exercise of such reserved right shall in no way, or to any extent relieve the Contractor from liability for loss and damage to the work due to, or resulting from its operations or from responsibility for complete execution of the Contract. The Contractor shall cooperate with other contractors and persons in all matters requiring common effort. 3.03 CONTRACTOR USE OF WORKSITE: A. Confine worksite operations to areas permitted by law, ordinances, permits, and the Contract. B. Consider the safety of the Work and that of the people and property on and adjacent to the Wodc ite when determining amount, location, movement, and use of materials and equipment on Worksite. C. Do not load Worksite with equipment and products which would interfere with the Work. Only equipment, tools or materials required for this Work may be stored at the Worksite. D. Protect products, equipment and materials stored on Worksite. E. Relocate stored products, equipment and materials which interfere with operations of Owner, government bodies, public and private utilities, and other contractors. 4 MEASUREMENT 4.01 METHOD OF MEASUREMENT: A. No separate measurement shall be made for work under this Section. 5 PAYMENT 5.01 METHOD OF PAYMENT: A. No separate payment will be made for work under this section including any and all necessary relocations requested by the Owner. The cost of the work described in this section shall be included in the applicable bid items or lump sum contract price. END OF SECTION 01010-3 No Text TECHNICAL SPECIFICATION CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 1- GENERAL REQUIREMENTS TRANSIT CENTER PHASE -1A SECTION 01020-ADMINISTRATION AND SUPERVISION COOVER-CLARK & ASSOCIATES, P.C. The General Conditions, Supplementary General Conditions and Division 1, General Requirements are hereby made a part of this section as fully as if repeated herein. 1 GENERAL 1.01 SURVEYS, LAYOUTS, AND LEVELS A. General: Working from lines and levels established, and as shown in relation to the work, establish and maintain bench marks and other dependable markers to set the lines and levels for the work of construction as needed to properly locate every element of the work of the entire project. Calculate and measure required dimensions as shown (within recognized tolerances if not otherwise indicated); do not scale the drawings to determine dimensions. Continuously advise tradesmen performing the work of the marked lines and levels provided for use in the layout of work. 1.02 PROGRESS SCHEDULE A. Furnish Project Schedule, as required by the General Conditions, within four weeks of the Notice of Award. Provide not less than four copies in the form of a Critical Path Method as outlined in Section 01300, showing start and completion of each activity or unit of work Provide such details as required by the Consultant. 1.03 PROJECT RECORD DOCUMENTS A. Maintain at job site, one copy of 1. Contract Drawings 2. Specifications 3. Addenda 4. Reviewed Shop Drawings 5. Change Orders 6. Other Modifications to Contract 7. Field Test Records 8. As -Built Drawings B. Maintain documents in clean, dry, legible condition and do not use record documents for construction purposes. Make documents available at all times for inspection by the Consultant and Owner. C. Label each document "Project Record" in V or larger printed letters. D. Record drawing information in colored pencil with different colors for the various systems and defined by color legend. E. Record drawings and specifications shall include the following: 1. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. Location of concealed valves, dampers, controls, balancing devices, junction boxes, clean -outs, and other items requiring access or maintenance. 2. Field changes of dimension and detail, changes made by Change Order or Field Order and details not on original contract drawings. F. Submit all record drawings to the Consultant at the completion of the project. 1.04 CLEANING A. Cleaning and Protection Work: At the time each unit of work or element of the construction is completed in each area of the Project, clean the unit or element to a condition suitable for occupancy and use (as intended), and restore minor or superficial damage. Replace units and elements which are damaged beyond successful restoration. Clean and restore adjoining surfaces and other work which was soiled or damaged (superficially) during the installation; replace other work damaged beyond successful restoration. Where the performance of subsequent work could possibly result in damage to the complete unit or element, provide protective covering or other provisions to minimize possible damage. Repeat cleaning and protection operations during remainder of construction period, wherever work might otherwise be damaged by sustained soiling or exposure. B. During Construction: Oversee cleaning and ensure that building, grounds, and public properties are 01020-1 TECHNICAL SPECIFICATION CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 1 0ENERAL REQUIREMENTS TRANSIT CENTER RHASE -1A SECTION 01020-40MINISTRATIONAND SUPERVISION COOVER-CLARK & ASSOCIATES, P.C. maintained free from accumulation of waste materials and rubbish. At reasonable intervals during progress of work, clean up site and access and dispose of waste materials, rubbish, and debris. Vacuum clean interior building areas when ready and continue vacuum cleaning on an as -needed basis until building is ready for acceptance or occupancy. 1.05 MEETING MINUTES A. The contractor shall be responsible for conducting weekly meetings and preparation & distribution of all minutes. 1.06 COORDINATION _ A. The Contractor shall be responsible for coordinating all the work of the project. The Contractor shall coordinate the efforts of all subcontractor(s) and the deliveries of suppliers so that the work progresses in an orderly fashion without delay towards timely completion of a complete project in accordance with the drawings and specifications. B. The Contractor shall note that concurrent with his work, other contractors, suppliers, and the Owner's facilities and maintenance personnel may be working in relatively close proximity. The Contractor will be solely responsible for coordinating his work with that of other contractors and will make no claims for failure to do so. C. The Contractor shall coordinate with the Owner and its vendors to provide safe access to the building and to facilitate installation of the Owner -furnished equipment. _ D. The Contractor shall be responsible for securing and protecting all tools, equipment, and supplies. 1.07 METHODS OF CONSTRUCTION A. The procedure and method of construction is the prerogative and the responsibility of the Contractor. _ If professional assistance is required to safely implement method of construction, the Contractor shall, on his own, employ professional help. 2 PRODUCTS (NOT USED) 3 EXECUTION (NOT USED) END OF SECTION 01020-2 OF FORT COLLINS & COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE -1A 24 The General Conditions, SupplementaryGencral Conditions and Division 1, General Requiretnerrts arehereby made apart of this section as fully as if repeated herein. 1 GENERAL 1.01 SUMMARY A. General Contractor is responsible for all of the work of this contract. 1. Assign and subcontract portions of the work as required to assure that all work is constructed in compliance with these documents. 2. Coordinate the work of the several subcontractors for the project. 3. Coordinate work of this contract with work by separate contractors. B. Each subcontractor shall: 1. Coordinate work of his own employees and subcontractors. 2. Expedite his work to assure compliance with schedules. 3. Coordinate his work with that of other subcontractors and work by separate contractor. 4. Comply with orders and instructions of owner. 1.02 CONSTRUCTION ORGANIZATION AND START-UP A. Establish on -site lines of authority and communications. 1. Attend pre -constriction meeting with subcontractors upon commencement of the project. 2. Establish procedures for intra-project communications. a. Submittals. b. Reports and records. C. Recommendations d. Coordination Drawings. e. Schedules. f. Resolution of conflicts. 3. Interpret Contract Documents. a. Consult with Architect to obtain interpretation. b. Assist in resolution of questions or conflicts which may arise. C. Transmit written interpretations to subcontractors, and to other concerned parties. 4. Assist in obtaining permits and approvals. a. Obtain building permits and special permits required for work or for temporary facilities. b. Verify that subcontractors have obtained inspections for work and for temporary facilities. 5. Control the use of site. a. Supervise field engineering and site layout. b. Allocate space for each subcontractor's use for field offices, sheds, work and storage areas. C. Establish access, traffic and parking allocations and regulations. d. Monitor use of site during construction. e. The CSU Transit Center and CSU campus facilities and activities shall remain in operation at all times during construction. Contractor shall coordinate construction activities around ongoing operations and with CSU f. Contractor is responsible for all traffic, pedestrian & bike control and shall develop and submit a control plan for City and CSU approval. 1.03 CONTRACTOR DUTIES A. Construction Schedules. 1. Develop a project schedule and submit for approval by the City and CSU. 010414 OP PORT COLLINS & COLOMW STATE UNNERSrrY TRANSIT CENTER PNASE =1A COOVER-CLARK & ASSOCIATES. P.C. 2. Coordinate schedules with several subcontractors. 3. Monitor schedules as work progresses. a. Identify potential variances between schedules and probable completion dates for each _ phase. b. Recommend adjustments in schedule to meet required completion dates.' C. Adjust schedules of subcontractors as required. d. Document changes in schedule. 4. Observe work of each subcontractor to monitor compliance with schedule. a. Verify that labor and equipment are adequate for the work and the schedule. b. Verify that product procurement schedules are adequate. C. Verify that product deliveries are adequate to maintain schedule. 5. Meet weekly with Owner and Landlord and provide the following: a. Provide 2-week look -ahead schedule b. Update project schedule monthly _ C. Meeting minutes 6. Completion Schedule a. All work excluding Landscaping and Irrigation: Jan. 20, 2004 b. Landscaping & Irrigation April 30, 2004 C. Concrete paving at the West Plum St. intersection shall be coordinated and scheduled to complete construction during Thanksgiving holiday weekend with opening of the _ intersection the following Monday morning. B. Project Information Schedules 1. CSU class schedule Thanksgiving Holiday, Thursday & Friday Nov. 27 & 28 Winter break Dec. 19 - Jan. 20, 2004 Finals Week, Monday -Friday Dec. 15 - 19 a. Contractor shall not make disruptive noise during finals week. 2. Transfort Bus Schedule a. Transfort does not operate buses on Sundays. b. Transfort reduces bus routes to the CSU Transit Center when CSU is not in session. C. Process Shop Drawings, Product Data and Samples. 1. Review for compliance with Contract Documents. a. Field dimensions and clearance dimensions. b. Relation to available space. C. Relation to other trades, equipment and systems. d. Submit to Architect. D. Monitor the use of temporary utilities. 1. Verify that adequate services are provided and maintained. E. Inspection and Testing. 1. Inspection work to assure performance in accord with requirements of Contract Documents. 2. Administer special testing and inspections of suspected work. _ 3. Reject work which does not comply with requirements of Contract Documents. 4. Coordinate testing laboratory services. a. Verify that required laboratory personnel are present. b. Verify that tests are made in accordance with specified standards. C. Review test reports for compliance with specified criteria. d. Recommend and administer required retesting. S. Coordinate inspection of all connections to utilities and facilities with Landlord- F. Monitor contractor's periodic cleaning. 1. Enforce compliance with specifications. 2. Resolve any conflicts. G. Coordinate changes. 01041-2 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 1- GENERAL REQUIREMENTS TRANSIT CENTER PHASE —1A SECTION 0104i-PROJECT COORDINATION COOVER-CLARK & ASSOCIATES, P.C. 1. Recommend necessary or desirable changes. 2. Assist owner in negotiating change orders. 3. Promptly notify all subcontractors of pending changes. H. Maintain Reports and Records at Job Site available to Architect and Subcontractors. 1. Log progress of work of each subcontractor. 2. Records a. Contracts. b. Purchase orders. 3. Materials and equipment records. 4. Applicable handbooks, codes and standards. 1.04 CONTRACT CLOSEOUT A. Coordinate equipment start-up. 1. Provide seven days notification prior to start-up of each item. 2. Ensure that each piece of equipment or system is ready for operation. 3. Execute start-up under supervision of responsible persons in accordance with manufacturer's instructions. 4. Perform required testing and balancing. 5. Record dates of start of operation of systems and equipment. Submit written report that equipment or system has been properly installed and is functioning correctly. 6. Provide written notice of beginning of warranty period for equipment put into service. B. Demonstration and Instructions 1. Demonstrate operation and maintenance of products to Owner's personnel prior to completion. 2. Demonstrate start-up, operation, control, adjustment, trouble -shooting, servicing, maintenance, seasonal operation, and shutdown of each item of equipment. C. At completion of work of each Section, conduct an inspection to assure that: 1. Specified cleaning has been accomplished. 2. Temporary facilities have been removed from site. D. At completion 1. Conduct an inspection to list work to be completed or corrected. 2. Supervise correction and completion of work as established in Close-out Documents and procedures set forth in the General Conditions and Divisions 01700 and 01730. 3. Submit accurate redlined drawings to Architect for approval. E. When a portion of the Project is occupied prior to final completion, coordinate established responsibilities of each subcontractor. F. Final completion. 1. When each Subcontractor determines that work is finally complete, conduct an inspection to verify completion of work. 2. Assist owner (Steve White), CSU project manager (Cass Beitler), and architect in inspection. G. Administer contract closeout. 1. Receive and review Subcontractor's final submittals. 2. Transmit to architect with recommendation for action. PRODUCTS (NOT USED) EXECUTION (NOT USED) 01041-3 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. 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 7/96 Section 00100 Page 8 TECHNICAL SPECIE 6C46ONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION I- GENERAL REQUIREMENTS TRAWCENTERPHASE-1A _ SECTION 01306 - SUBMITTALS, SHOP DRAWINGS; COOVER-CLARK & ASSOCIATES, P.C. PRODUCT DATA AND SAMPLES The General Conditions, Supplementary General Conditions and Division 1, General Requirements are hereby made a — part of this section as fully as if repeated herein. 1 GENERAL 1.01 DESCRIPTION OF WORK - A. Submit shop drawings, product data and samples as required by various sections of the specifications. 1.02 QUALITY ASSURANCE A. Shop Drawings: 1. Drawings shall be presented in a clear and thorough manner. 2. Details shall be identified by reference to sheet, detail, or schedule, shown on drawings. B. Product Data: _ 1. Preparation: a. Clearly mark each copy to identify pertinent products or models. b. Show performance characteristics and capabilities. C. Show dimensions and clearances required. — d. Show wiring or piping diagrams and controls. 2. Manufacturer's standard schematic drawings and diagrams. - a. Modify drawings and diagrams to delete information that is not applicable to the work. b. Supplement Standard information to provide information specifically applicable to the work. 3. Samples: a. Office samples shall be of sufficient size and quantity to clearly illustrate: 1) Functional characteristics of the product with integrally related parts and attachment devices. 2) Full range of color, texture and pattern 4. Responsibilities of the Contractor: a. Review shop drawings, product data, samples and project record drawings prior to submission. b. Determine and Verify: 1) Field measurements 2) Field construction criteria 3) Catalog numbers and similar data 4) Conformance with specifications "^ 5. Coordinate each submittal with requirements of the work and of the Contract Documents. 6. Notify the Consultant in writing, at the time of submission, of any deviations in the submittals for requirements of the Contract Documents. _ 7. Begin no fabrication or work that requires submittals until return of submittals with Consultant's acceptance. 8. Contractor's responsibility for deviations in submittals from requirements of Contract Documents is not relieved by Consultant's review of submittals. — 1.03 SUBMITTALS A. Make submittalspromptly in accordance with approved schedule and in such sequence as to cause no delay in the work. Submittal Schedule, Appendix A, is included as reference for the Contractor in coordinating the submittal requirements for the work. Contractor shall verify that all submittals required are shown on the schedule. Should submittals be required by another specification section which are not shown on Appendix A, Contractor shall be responsible for submittals as if shown on Schedule A. B. Number of Submittals Required: 1. Shop Drawings: Submit one reproducible transparency and five opaque reproductions. One copy will be retained by the Consultant. 2. Product Data: Submit five copies, one of which will be retained by the Consultant. 01300-1 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 1— GENERAL REQUIREMENTS TRANSITCENTER PHASE-1A SECTION 01300 — SUBMITTALS, SHOP DRAWINGS, COOVER-CLARK & ASSOCIATES, P.C. PRODUCT DATA AND SAMPLES 3. Samples: Submit the number stated in each specification section. C. Submittals shall contain: 1. Date of the submission and dates of any previous submissions. 2. Project title and number. 3. Contract identifications. 4. Names of: a. Contractor and Subcontractor(s), if applicable. b. Supplier C. Manufacturer 5. Identification of product with the specification section number. 6. Field dimensions, clearly identified as such. 7. Relation to adjacent or critical features of the work or materials. 8. Applicable standards, such as ASTM or Federal specification numbers. 9. Identification of deviations from Contract Documents. 10. Identification of revisions on resubmittals. 11. An 8"x3" blank space in lower right-hand corner for review stamps. D. Resubmission Requirements: 1. Make any corrections or changes in the submittals required by the Consultant and resubmit until accepted. 2. Shop drawings and product data: a. Revise initial drawings or data and resubmit as specified for initial submittal. b. Indicate any changes that have been made, other than those requested by the Consultant. 3. Samples: Submit new samples as required for initial submittal. E. Distribution: 1. Distribute reproductions of approved shop drawings and copies of product data to affected subcontractors and retain one copy for use at the job -site. 2. Distribute approved samples as directed. F. Consultant's Duties: I. Review submittals with reasonable promptness and in accordance with schedule. 2: Review of separate item does not constitute review of an assembly in which item functions. 3. Affix stamp and initials or signature, and indicate requirements for resubmittal or acceptance of submittal. 4. Return submittals to the Contractor for distribution or for resubmission. G. Schedule of Values: I. Submit typed schedule on AIA Form G703; Contractor's standard form or media -driven printout will be considered on request. 2. Format: Table of Contents of this Project Manual. 3. Include in each line item a directly proportional amount of Contractor's overhead and profit. H. Schedule of Submittals: The Contractor shall submit the submittals required by the specifications. A summary of the submittals required is attached following this Section for the Contractor's reference. The Contractor shall develop a submittal schedule that confirms the submittals and the time frame for review by the consultants. I. Construction Schedule: 1. The Contractor shall submit a critical -path method (CPM) construction schedule prior to start of construction activities. The CPM schedule shall include notice to proceed, submittal activities, construction activities, change order work (when applicable), close-out, testing, demonstration, and acceptance. The CPM shall correlate specifically to the schedule of values line items and be cost loaded. 2. Float, slack time, or contingency within the schedule (i.e., the difference in time between the project's early completion date and the required contract completion date), and total float within the overall schedule, is not for the exclusive use of either the principle representative or the Contractor, but is jointly owned by both and is a resource available to and shared by 01300-2 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 4 GENERAL REQUIREMENTS 7RANSITCENmPHASE-1A SECTION 0000 - SUBMITTALS, SHOP DRAWINGS, COOVER-CLARK & ASSOCIATES, P.C. PRODUCT DATA AND SAMPLES K L. both parties as needed to meet contract milestones and the contract completion date. 3. The Contractor will be required to submit an as -built progress CPM schedule with each progress billing. This CPM schedule will be the basis for making progress payments. The level of detail and quantity of work activities in the CPM schedule should be negotiated with the principle representative prior to starting construction. Coordination Drawings: 1. The Contractor shall submit coordination drawings with all mechanical; electrical, fire protection, and building monitoring systems prior to the Consultant review of any shop drawings or submittals for work in those trades. Approval of required shops and submittals must be obtained prior to starting work, and must be obtained prior to approval of pay applications of work. The drawings shall be created to include all trades on a particular level of the building on one drawing. Identify conflicts between the systems or between the systems and architectural elements such as ceiling heights, ceiling types, or walls. Conduit routing for electrical, mechanical, EMS, and security trades shall be included. Identify potential solutions to the conflicts for the Consultant .and Owner to review during the submittal process. Revise the coordination drawings to show any comments made during the submittal review process, and reissue for use by all affected trades, Owner and Consultant. 2. The Coordination drawings shall include sectional coordination documents. Identify elevations of systems A.F.F. (above finish floor) and component dimensions. Show elevations whenever component changes height. 3. Reference Spec section 01400 for additional Coordination drawing requirements. Field Clarification Requests (FCR): 1. The Contractor will be responsible for submitting on an.FCR form provided at the cud of this section. The FCR should identify in writing an unclear, inconsistent, or conflicting item in the documents that could not be answered by thorough review by the Contractor or subcontractors. The FCR should include a description of the item and a proposed solution. The FCR should indicate schedule or cost impact, if any. Contractor shall be required to submit cost or schedule impact within seven days of receipt of the FCR response. Each FCR shall be numbered in sequence. Logs: 1. The Contractor shall provide an updated FCR, change request, and submittal logs at bi- weekly construction. meetings. Contractor shall provide a 2-month detailed construction schedule at the weekly construction meeting with Owner and Landlord. MATERIALS (NOT USED) EXECUTION (NOT USED) MUnnMAL ZIMUINUA 11 VIVS CITY OF FORT COLLINS & COLORAD ESTATE UNIVERSITY DMSION I -GENERAL REQUIREMENTS TRANSIT CENTER PHASE-1A SECTION 01360 -SUBMITTALS, SHOP DRAWINGS, COOVER-CLARK & ASSOCIATES, P.C. PRODUCT DATA AND SAMPLES APPENDIX A SUBMITTAL SCHEDULE Section Shop Product Other Submtls Number Section Title Drawing Samples Data Certific Mock-up (See Section) 02441 Landscape Irrigation Reqd. Reqd. Reqd. 02612 Asphalt Paving Reqd. Reqd. 02619 Site Concrete Reqd. Reqd. 02810 Landscape Brig. Reqd. Reqd. Reqd: 02830 Fencing Reqd. Reqd. Reqd. 02900 Landscape Planting Reqd. 09900 Painting Reqd. Reqd. 16000 Electrical (all) Reqd. END OF SECTION u DIVISION 1- GENERAL REQUIREMENTS TRANSIT CENTER PHASE -`[A SECTION 01400-QUALITY CONTROL COOVER-CLARK 8 ASSOCIATES, P.G. The General Conditions, Supplementary General Conditions and Division 1, General Requirements are hereby made a part of this section as fully as if repeated herein. — I GENERAL 1.01 SUPPLEMENTAL TESTING If required, the following testing shall be performed at the expense of the contractor installing the material being tested: A. Material.Substitution: Any tests of basic material or fabrication equipment offered as a substitute for specified item on which a test may be required in order to prove its compliance with the _ specifications. B. Electrical: Tests on electrical systems required to insure their proper installation and operation. C. Any test that fails shall be paid for by the installing contractor subject to the following conditions: I . Quantity and nature of tests will be determined by the Consultant. — 2. All tests shall be done in the presence of the Owner or his representative. 3. Proof of noncompliance will make the installing contractor liable for any corrective action which the Owner feels is prudent including complete removal and replacement of defective material. 4. Nothing contained herein is intended to imply that the installing contractor does not have the right to have tests performed on any material at any time for his own information and job control so long as the Consultant or Owner does not assume responsibility for costs or for giving them consideration when appraising quality of materials. D. The Consultant shall determine the type and number of tests to be performed on the project. 1.02 TEST REPORTS Reports of all tests made by testing laboratories shall distributed by the testing laboratory as follows: 1 copy - Contractor 1 copy - Applicable supplier or subcontractor 1 copy - Owner ^ I copy - Consultant 1 copy - Landlord Other copies - as directed 1.03 QUALITY CONTROL SYSTEM A. General: The contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of all subcontractors, to ensure conformance to the Contract Documents for materials, workmanship, construction, finish, functional performance and identification. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or Consultants employed by the Owner. The quality control system is the means by which the Contractor assures himself that construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. B. Records: The Contractor shall maintain correct records on an appropriate form for all inspections and "— tests performed, instruction received from the Owner and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or tests, nature of defects, causes for rejection, _ etc.) proposed or directed remedial action, and corrective action taken. The Contractor shall document inspections and tests as required by each Section of the Specifications. PRODUCTS (NOT USED) EXECUTION (NOT USED) END OF SECTION ' 01400-1 TECHNICAL SPECIFICTIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERISTY DIVISION 1- GENERAL REQUIREMENTS TRANSIT CENTER PHASE -1A SECTION 01600 MATERIAL AND EQUIPMENT COOVER-CLARK & ASSOCIATES, P.C. The General Conditions, Supplementary General Conditions and Division 1, General Requirements are hereby made a part of this section as fully as if repeated herein. 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Products. 2. Transportation and Handling. 3. Storage and Protection. 4. Manufacturer's Instructions. 5. Product Options. 6. Products List. 7. Substitutions. 8. Systems Demonstration. B. Related Sections: 1. Section 01400 - Quality Control 2. Section 01730 - Operation and Maintenance Data. 1.02 QUALITY ASSURANCE A. Conform to applicable specifications and standards. B. Comply with size, make, type and quality specified, or as specifically approved in writing by the Consultant. C. Manufactured and Fabricated Products: 1. Two or more items of the same kind shall be identical, by the same manufacturer. 2. Equipment capacities, sizes and dimensions shown or specified shall be adhered to unless variations are specifically approved in writing. 1.03 TRANSPORTATION AND HANDLING A. Arrange deliveries of products in accord with construction schedules, coordinate to avoid conflict with work and conditions at the site. B. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 1.04 STORAGE AND PROTECTION A. Store products in accordance with manufacturer' instruction, with seals and labels intact and legible. B. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions. 1.05 MANUFACTURER'S INSTRUCTIONS A. When Contract Documents require that installation of work shall comply with manufacturer's printed instructions, obtain and distribute copies of such instructions to parties involved in the installation, including one copy to the Consultant and one copy to the Contractor. B. Perform work in accord with manufacturer's instructions. Do not omit any preparatory step or installation procedure unless specifically modified or exempted by Contract Documents. 1.06 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards. B. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not specifically named. C. Consultant will review requests for substitutions with reasonable promptness, and notify, by Addendum, of the decision to accept or reject the requested substitution. 01600-1 TECHNICAL S DIVISION 1 - GENERAL REQUIREMENTS CITY OF FORT COLLINS & COLORADO STATE UNIVERISTY REQUIREMENTSSECTION 01000 MATERIAL AND EQUIPMENT I: 'TRANSIT CENTER PHASE -1A 1.07 PROCOOVERCLARK & ASSOCwts P.C. DUCT LIST A. Within 15 days after signing of agreement, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. 1.08 SUBSTITUTIONS A. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. B. Request constitutes a representation that Subcontractor or Contractor. 1. Has investigated proposed product and determined'that it meets or exceeds, in all respects, Y specified products. _ 2. Will provide the same warranty for substitution as for specified product. 3. Will coordinate installation and make other changes which may be required for Work to be complete in all respects. 4. Waives claims for additional costs which may subsequently become apparent. C. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals without separate written request or when acceptance will require substantial revision of Contract Documents. 1.09 SYSTEMS DEMONSTRATION A. Prior to final inspection, demonstrate operation of each system to Consultant and Owner. B. Instruct Owner's personnel in operation, adjustment, and maintenance of equipment and systems, "^ using the operation and maintenance data as the basis of instruction. 2 PRODUCTS (NOT USED) 3 EXECUTION -- (NOT USED) END OF SECTION 01600-2 Ac. or"Cr R14Pk f rimer CITY OF FORT COLLINS A� COLORADO. STATE UNIVERSITY 1- GENERAL REQUIREMENTS n4TA& TRANSIT CENTER PRASE _ 1A �e%Lrr6A^V n1. �c�civ �r The General Conditions, Supplementary General Conditions and Division 1, General Requitementsare hereby made apartof this section as fully as if repeated herein. 1 GENERAL 1.01 COMPLETION AND FINAL INSPECTION A. The Contractor shall file a written notice with the Arclutect/Engineer that the work in the opinion of the Contractor, is complete under the terms of the contract Within ten (10) days after the Contractor files written notice that the work is complete, the Architect/Engineer, the Principle Representative, CSU Project Manager, and the Contractor shall make a final inspection of the project to determine whether the work has been completed in accordance with the contract documents. A final punch list shall be made by the Architect/Engineer, Owner, or CSU Project Manager in sufficient detail to fully outline to the Contractor: 1. Work to be completed, if any, 2. Work not in compliance with the drawings and specifications, if any; 3. Unsatisfactory work for any reason, if any. The required amount of copies of the punch list will be countersigned by the Architect/Engineer, the Authorized Representative of the Principle Representative and will be transmitted by the Architect/Engmeer to the Contractor and the Principle Representative. The combined total number of punch -list items identified by the Contractor, Consultant, and Owner shall not exceed 40. If more than 40 deficiencies are identified, the inspection shall be canceled and the Contractor shall assume responsibility for payment of additional inspection visitation at that rate of$91.00 (Ninety One. and 00/100 Dollars) per hour. B. Within 10 working days of the issuance of the final punch -list, the Contractor shall have completed all punch list items. At that time, the Contractor shall advise the Consultant in writing that the work has been thoroughly inspected and is ready for final acceptance. C. Comply with procedures stated in General Conditions of the Contract for issuance of Certificate of Occupancy. D. Owner may occupy designated portions of the Project for the purpose of installation of equipment, under provisions stated in Certificate of Substantial Completion. E. Contractor shall submit written certification that: 1. Contract Documents have been reviewed. 2. Project has been inspected for compliance with Contract Documents. 3. Work has been completed in accordance with Contract Documents. 4. Equipment and systems have been tested in the presence of Owner's Representative and are operational. 1.02 CLOSE-OUT FORMS A. The Architebt/Engineer will complete the Closing -out Checklist and Contract Close-out forms, included at the end of this Section, and forward them to the Contractor. B. The Contractor will complete and date all items indicated to be completed on the Closing -out Checklist and Contract Close-out forms. When all items are completed, the Contractor will sign both forms and forward them to the Architect(Engmeer along with a letter stating that all punch list items are complete. C. The Architect/Engineer verifies that all items are complete, signs both forms and sends them to the Owner. D. The Contractor shall also submit the following prior to the final application for payment: 1. Contractor's Affidavit of Payment of Debit and Claims: AIA G706. 2. Contractor's Affidavit of Release of Liens (claims): AIA G706A, with: a. Consent of Surety to final payment: AIA G707 b. Contractor's release of waivers of claims. C. Separate release of waivers of claims for subcontractors, suppliers and others with claim rights, against property of owner, together with list of those parties. 01700-11 €CIFICATIOW CITY OF FORT COLUNS & GOt. mw STATE tMYEks" UERAE REQt MMENTS ITOJMIT C PM80 -1A ro raiuesrr r_t rvaerurT COOVER-CLAR Jt�IATEB. P.C. 1.03 ADVERTISEMENT'AND FINAL PAYMENT A. Before the Principle Representative may advertise, the Contractor shall: 1. Deliver to Architect/Engineer: a. Closing -out Checklist and Contract Close-out forms with all items completed. — b. Other adjustments C. Deductions for uncorrected work d. Deductions for re -inspection payments 2. Total Contract Sum, as adjusted 3. Previous payments 4. Sum remaining due 1.04 POST -CONSTRUCTION INSPECTION A. Prior to expiration of one year from date of final acceptance, the Consultant will inspect project to determine whether corrective work is required. Contractor will be notified in writing of all deficiencies. Corrective work must start on noted deficiencies within 10 days ofreceipt of notification to Contractor. -" 1.05 MISCELLANEOUS KEYS, SWITCHES, ETC. A. At the completion of the project, all loose keys for hose Bibbs and keys fovelectric switches, electrical — panels, etc., shall be accounted for and turned over to the Owner. 1.06 WARRANTIES A. The Contractor and each sub -contractor shall remedy any defects due to faulty materials or workmanship -" and pay for any damage to other work resulting therefrom, which shall appear in his work within a period of one year from the date of `Notice of Acceptance and in accordance with the terms of any special warranties provided in the contract. The Owner shall give notice of observed defects with reasonable -. promptness. B. Upon completion of his work, the Contractor shall deliver to the Consultant in duplicate, a written warranty based on the provision of this Article properly signed and notarized. Warranty shall be addressed to the Owner. 1.07 OPERATING AND MAINTENANCE DATA A. Refer to Section 01730 - Operating and Maintenance. B. Electrical- By Electrical Contractor. See Division 16.- 1.08 DEMONSTRATIONS A. Refer to Section 01730 - Operating and Maintenance B. Electrical - By Electrical Contractor: See Division 16. 1.09 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, and maintenance. materials in quantities specified in each Section, in addition to that used for construction of work. Coordinate with Owner, deliver to Project site and obtain receipt prior to final payment. 2 PRODUCTS (NOT USED) 3 EXECUTION (NOT USED) END OF SECTION 01700-2 TECXNICAL SPECIFICATIONS CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY DIVISION 1 - GENERAL REQUIREMENTS TRANSIT CENTER PHASE -1A SECTION 01700-CONTRACT CLOSEOUT COOVER-CLARK & ASSOCIATES P.C. CONTRACT CLOSE-OUT FINAL PUNCH LIST DATE ARCHITECT/ENGINEER PROJECT NAME: CITY OF FT. COLLINS & CSU TRANSIT CTR. CONSTRUCTION MANAGER WORK ORDER NO. PRINCIPAL REPRESENTATIVE DESCRIPTION CONTRACTOR This form to be used after follow-up inspections have been made and Punch List is worked down to less than ten items. Final Punch List Item Disposition Date Remarks Lmuavuuvaa. HI'YKV VL"L Architect/Engineer CONTRACTOR/C/M Principal Representative 017003 City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 1 BID #5823 CITY OF FORT COLLINS & CSU TRANSIT CENTER PHASE 1A SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5823 City of Fort Collins & CSU Transit Center Phase 1A OPENING DATE: November 5, 2003, 3:00p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Change the substantial completion date from January 20, 2005 to 38 days after Notice To Proceed is issued and Landscaping/Irrigation substantial completion remains April 30, 2005. Section 00700, General Conditions, Subsection 13.12.1. warranty shall remain "two Years". Pavement Marking: Use the Pavement Marking of Section 02612 - 1.06 for Concrete Pavement Marking. If you have any questions please contact John Stephen, CPPO, Senior Buyer, at 970-221-6777, RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 SECTION 00300 BID FORM 1A - EH&S CITY OF FORT COLLINS & COLORADO -1A P.C. The General Conditions, Supplementary General Conditions and Division 1, General Requirements are hereby made a part of this section as fully as if repeated herein. 1 GENERAL 1.01 DESCRIPTION OF WORK A. Compile product data and related information appropriate for the Owner's maintenance and operation of products famished. B. Prepare operating and maintenance data as specified in this section and as referenced in other pertinent sections of specifications. C. Instruct the Owner, in the maintenance of products and in the operation of equipment and systems. 1.02 QUALITY ASSURANCE A. Preparation of data shall be done by personnel: 1. Trained and experienced in maintenance and operation of the _described products. 2. Completely familiar with requirements of this section. 3. Skilled as a technical writer to the extent required to communicate essential data. 4. Skilled as a draftsman competent to prepare required drawings. 1.03 SUBMITTALS A. Prepare data in the form of an instructional manual for use by the Owner. Three copies are required. B. Format: 1. Size: 8-1/2" X I V . 2. Paper: 20 lb. minimum, white, for typed pages. 3. Text: Manufacturer's printed data or neatly typewritten. 4. Drawings: a. Provide reinforced punched binder tab; bind in with text. b. Fold larger drawings to the size of text pages. 5. Provide fly -leaf for each separate product or for each piece of operating equipment. 6. Cover: Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS" List. a.. Title of project and date of completion (month and year). b. Identify of separate system as applicable. C. Identify of general subject matter covered in the manual. C. BINDERS: 1. Commercial quality, three-ring binders with durable and cleanable plastic covers shall be provided. 2. When multiple binders are used, correlate the data into related consistent groupings. 1.04 CONTENT OF MANUAL A. A neatly typewritten table of contents shall be provided for each volume, arranged in a systematic order with figures and tables listed. Include the following: 1. Name of responsible installing principal contractor, address, and telephone number. 2. A list of each product required to be included, indexed to the content of the volume. 3. List with each -product, the name, address, and telephone number of: a. Maintenance contractor, as appropriate. b. Identity of the area -of responsibility of each. C. Local source of supply for parts and replacement. 4. Identify each product by product name and other identifying symbols. B. Product Data: 1. Include only those sheets that are pertinent to the specific product. 2. Annotate each sheet to: a. Clearly identify the specific product or part installed. 01730-1 'OF FORT COLONS & COLORADO STATE UNIVERSITY TRANSIT CENTEFt PHASE —1A COOVER-CLARK & ASSOCIATES: P-C. b. Clearly identify the data applicable to the installation. C. Delete references to inapplicable information. C. Drawings: —' 1. Supplement product data with drawings as necessary to clearly illustrate: a. Relations of component parts of equipment and systems. b. Control and flow diagrams. 2. Coordinate drawings with information in project record drawings to ensure correct illustration of completed installation. 3. Do not use project record drawings as maintenance drawings. D. Provide written text, as required; to supplement product data for the particular installation: _ 1. Organize in a consistent format under separate headings for different procedures. 2. Provide a logical sequence of instructions for each procedure. E. Provide a copy of each warranty, bond, and service contract issued. Provide information sheets for the Owner and give: 1. Proper procedures in the event of failure. 2. Instances that might affect the validity of warranties or bonds. 1.05 MANUALS FOR MATERIAL AND FINISHES r A. Submit three copies of complete manual` in final forma B. Content for architectural products include applied materials and finishes. 1. Manufacturer's data, giving full information on products. a. Catalog number, size, and composition. b. Color and texture designations. C. Information required for reordering special manufactured products,, 2. Instructions for care and maintenance: a. Manufacturer's recommendation for types of cleaning agents and methods. b. Cautions. against cleaning agents and methods that are detrimental to the product. C. Recommended schedule for cleaning and maintenance. C. Content for moisture -protection and weather -exposed products: 1. Provide manufacturer's data, giving fully information on products.- a. Applicable standards b. Chemical composition C. Details of installation 2. Provide instructions for inspection, maintenance, and repair. 1.06 MANUAL FOR EQUIPMENT AND SYSTEMS A. Submit three copies of complete manual in final form. B. Content for each unit of equipment and system, as appropriate shall contain: 1. Description of unit and component parts. a. Function, normal operating characteristics, and limiting conditions. b. Performance curves, engineering data, and tests. c. Complete nomenclature and Commercial number of all replaceable parts. 2. Operating Procedures: _ a. Start-up, break-in, routine, and normal operating instructions. b. Regulation, control, stopping, shutdown, and emergency instructions. C. Summer and winter operating instructions. d. Special operating instructions. 3. Maintenance Procedures: a. Routine operations. b. Guide to troubleshooting. C. Disassembly, repair, and reassembly. d. Alignment, adjustment, and checking. 4. Servicing and Lubrication Schedule, including a list of lubricants required. 5. Manufacturer's printed. operating and maintenance instructions. 6. Description of sequence of operation by control manufacturer. 01730-2 .w TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 1 - GENERAL REQUIREMENTS TRANSIT CENTER PHASE -1A SECTION-01730-OPERATION AND MAINTENANCE DATA COOVER-CLARK & ASSOCIATES P.C. 7. Original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. a. Predicted life of parts subject to wear. b. Items recommended to be stocked as spare parts. 8. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage. C. Content for each electric and electronic system, as appropriate, shall contain: I. Description of system and component parts: a. Function, normal operating characteristics, and limiting conditions. b. Performance curves, engineering data, and tests. C. Completenomenclature and Commercial number of replaceable parts. 2. Operating Procedures: a. Routing and normal operating instructions. b. Sequences required. C. Special operating instructions. 3. Maintenance Procedures: a. Routing operations. b. Guide to troubleshooting. C. Disassembly, repair, and reassembly. d. Adjustment and checking. 4. Manufacturer's printed operating and maintenance instructions. 5. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage. D. Prepare and include additional data when the need for such data becomes apparent during instruction of the Owner's designated operating and maintenance personnel. 1.07 SUBMITTAL SCHEDULE A. Submit two copies of preliminary draft of proposed formats and outlines of contents prior to start of work. The Engineer will review draft and return one copy with comments. B. Submit one copy of complete data in final form 15 days prior to final selection or acceptance. Copy will be returned after final inspection with comments. C. Submit specified number of copies of approved data in final form prior to acceptance. 1.08 INSTRUCTION OF MANAGEMENT PERSONNEL A. Prior to final inspection or acceptance, fully instruct the Owner's designated operating and maintenance personnel in the operation, adjustment, and maintenance of all products, equipment, and systems. B. Operating and maintenance manual shall constitute the basis of instruction. C. Review contents of manual with Owner's personnel in full detail to explain all aspects of operations and maintenance. MATERIALS (NOT USED) EXECUTION (NOT USED) END OF SECTION No Text TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2-SITEwoRH TRANSIT CENTER PHASE -1A SECTION 02000 - SITE WORD COOVER-CLARK & ASSOCIATES, P.C. 1. GENERAL PLAN REQUIREMENTS 1.01 General requirements: 1.02 Match curb lip elevation to existing pavement elevation along sawcut line. See the site demolition plan for pavement areas to be removed. Contractor is to adjust any utility element meant to be flush with grade (clean outs, manholes, catch basins, inlets, etc.) that is affected by site work or grade changes, whether specifically noted on plans or not. Refer to grading plan. 1.03 Topographic survey was provided by King Surveyors, Inc. Utilities shown are taken from the survey and records of respective utility companies and do not necessarily represent all underground utilities adjacent to or upon site shown on plan. Verify exact location of underground utilities prior to beginning excavation construction. 1.04 The Contractor shall take care not to damage the existing surface of streets and parking lots with equipment during construction, and if damaged, shall repair or replace the existing surfaces to their original condition, at no cost to the Owner. Where it is necessary to cut public curbs, they shall be restored and/or reconstructed in strict accordance with the requirements of the governing jurisdiction. Reconstruct public curbs after demolition of existing approaches. 1.05 Shrubs and trees within the construction work area shall be protected against damage unless the Owner's representative gives written percussion for removal. The Contractor shall minimize damage to the roots and overhanging limbs of trees and shrubs adjacent to the construction area Any roots or limbs damaged shall be properly pruned and dressed to the Owner's satisfaction. Remove and stockpile existing topsoil from areas to be graded. Utilize stockpiled topsoil for final grading activities in landscape areas. Cover and retain all excess top soil for use by the landscape Contractor during planting bed preparation. 1.06 Before commencing paving work, the paving Contractor shall verify suitability of sub -grade and compacted base. Surfaces not acceptable shall be reported to the Owners representative immediately. All backfill under roads, sidewalks and parking lots shall be compacted in accordance with the requirements of the specifications. The finish grade of pavement shall slope uniformly to finish elevations shown on the grading plan. All fill utilized shall be adequately compacted to produce a surface satisfactory for the proper installation of base course and paving. 1.07 Traffic shall be maintained on the adjacent campus and streets throughout construction. The Contractor shall provide and install traffic control signs in conformance to the latest edition ofthe manual ofuniform traffic control devices. Contractor shall submit a traffic control plan for approval. 1.08 The Contractor shall provide adequate protection to protect the general public from injury and the site from vandalism. Any damage to the project work shall be removed, or replaced at the Contractor's expense. The Owner and Contractor shall perform a preconstruction walk through of the site to document existing conditions. 1.09 All work noted on the plans shall be performed in compliance with the lines and dimensions noted on the plan and detail sheets where applicable. 1.10 The storage area for material shall be designated by the Contractor and approved by the Owner's representative. Waste material shall be disposed of in a dumpster and shall not be allowed to accumulate on site. 1.11 The Contractor shall provide daily cleanup of the site, including but not limited to, removal of all trash and debris and sweeping adjacent surfaces accessible to the general public, including all adjacent roadways. Prevent debris from blowing off site and pick up if it does. 101M TECMICAL SPECIFICATIONS CITY OF FORT COLUNS & COLORAgO STATE UNIVERSITY DIVISION 2-&IIEWORIf TRANSIT CENTER pHASL -1A SECTION 02000 = SITE WORDCOOVER4LARK S AssociA7Es P.C. 1.12 Expansion joints shall be placed as shown on the plan sheets and as noted on the detail sheets, whether or not specifically noted on the plans. 1.13 Sidewalk contraction joints shall be installed at equal increments or at spacing as outlined on the plans. The Owner's representative, prior to Contractor placing concrete, shall approve miscellaneous concrete contraction joint layout. 1.14 All asphalt pavement, concrete sidewalks, curbs and lawns which are removed beyond the limit shown shall be reconstructed or repaired by the Contractor to the satisfaction of the Owner at no cost to the Owner (unless otherwise noted on the plans). 1.15 All asphalt pavements shall be sawcut full depth to provide smooth neat edges. 1.16 The Contractor shall locate and protect existing irrigation systems adjacent to the work. A qualified inigation firm, approved by the Owner, shall adjust, repair, or relocate any damaged sprinkler heads, piping and/or valve boxes. 1.17 All work shall be included in the base bid unit price bid schedule (unless otherwise noted). _ 1.18 The Contractor shall refer to the contract documents for any construction phasing and sequencing requirements. 1.19 All public improvements shall conform to the provisions in the current City of Fort Collins standards and specifications for the design and construction of public improvements and the Colorado State University design standards. 1.20 The Contractor shall use extreme caution during demolition activities, to protect all existing structures, pavement, and other items not designated for removal. The Contractor shall repair or replace damaged items to the satisfaction of the Owner. -- 1.21 The Contractor hall property dispose all items removed during demolition off --site, except those items noted to remain on the property of the Owner. 1.22 Temporary erosion control measures shall be used to correct conditions that develop during construction, that are needed prior to installation of permanent control features, or that are temporarily needed to control erosion that develops during normal construction practices, but which are not associated with permanent control features on the project. 1.23 The Contractor shall conduct his operations to minimize erosion of soils and prevent silting and muddying adjacent rivers, streams, impoundments (lakes, reservoirs, etc.) and adjacent lands to or affected by the work. Construction drainage facilities and performance of the contract work that will contributeto the control of erosion and sedimentation shall be carried out in conjunction with the earthwork operations or as soon thereafter as practicable. The area of bare soil exposed at any by construction operations shall be kept to a minimum. The Contractor shall assume complete responsibility for controlling all siltation and erosion of the project area. Use whatever means necessary including but not limited to stacked straw bails and/or silt fences. Control shall commence with grading and be maintained throughout the project until acceptance by the Owner. The Contractor's responsibilities _ include all design and implementation as required to prevent erosion and depositing of silt. The Owner may at their own option direct the Contractor in these methods. Any depositing of silt or mud on new or existing pavement, storm sewers or swales shall be removed after each rain and affected areas cleaned to the satisfaction of the Owner at the expense of the Contractor. —' 1.24 All watercourses and drainageways shall be cleared as soon as practical of framework, sheeting, debris or other obstructions placed during construction operations and which are not a part of the finished work. 02000-2 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2 -SITEWORK TRANSIT CENTER - PHASE 1A SECTION 02100 - SITE PREPARATION COOVER-CLARK & ASSOCIATES, P.C. 1. GENERAL A. Section includes- 1. Cleaning site of debris, grass, trees and other plant life in preparation for site or building excavation work. 2. Protection of existing structures, trees or vegetation indicated to remain. 3. Stripping topsoil from areas indicated. B. Related documents: the contract documents, as defined in the general conditions, apply to the work of this section. Additional requirements and information necessary to complete the work of this section may be found in other documents. 1. Section 02200 - Earthwork: cutting, filling, and grading for proposed site improvements. 1.01 QUALITY ASSURANCE - A. Regulatory requirements: 1. Provide temporary erosion control systems as indicated on drawings or as directed by owner's representative to protect adjacent properties and water resources from sediment and erosion. 1.02 PROJECT CONDITIONS OR SITE CONDITIONS A. Existing conditions: 1. The owner shall maintain the conditions existing at time of inspection during bidding, in so far as practical. 2. Notify owner of variations to conditions or discrepancies in actual site conditions prior to start of site preparation work. 3. Traffic: conduct operations and removal of debris with minimal interference to roads, streets, walks, and other adjacent facilities. do not close or obstruct streets, walks or other facilities without permission from authorities having jurisdiction. 4. Protections: provide protection for safe passage of persons around area of site preparation. Take precautions and conduct operations to prevent injury to adjacent buildings, structures, other facilities, and persons. a. Provide interior and exterior shoring, bracing, or support to prevent movement, settlement or collapse of structures to be demolished and adjacent facilities to remain. 5. Where it is necessary to cut public curbs, they shall be restored and/or reconstructed in strict accordance with the requirements of the governing jurisdiction. Reconstruct public curbs after demolition of existing approaches and in compliance with Section 02619 Site Concrete. 6. All utility structures to be constructed in accordance with all governing codes or standards (city, county or state) and in compliance with the plumbing, mechanical and electrical specifications as detailed on the drawings. 2. PRODUCTS 2.01 MATERIALS A. Topsoil: friable clay loam surface soil containing humus, organic matter, found in a depth of not less than 4 inches free of subsoil, clay lumps, stones, and other objects over 2 inches in diameter, and without weeds, roots, and other unsuitable material. EXECUTION 3.01 EXAMINATION: A. Site verification of conditions: examine areas in which work of this section is to be performed. Verify conditions and note irregularities affecting the work. Report in writing to owner and Architect/Engineer prevailing conditions that will adversely affect satisfactory execution of the work. 02100-1 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLOPADO STATE=.UNIVERSITY DIVISHM 2 -SITEWORK , TRANSIT CENTER€— PHASE 1A _ SECTION 02100- SITE PREPARATION COOVER-CLARK'& ASSOCIATES, P.C. B. Beginning of work constitutes acceptance of the existing conditions and contractor shall then, at no additional cost to owner, be responsible for correcting unsatisfactory and defective work. C. Verify that survey benchmark and intended elevations for the work are as indicated. 3.02 PREPARATION: A. Verify that existing plant life and clearing limits are clearly tagged, identified and marked in such a manner as to ensure their safety throughout construction operations. 3.03 CLEARING: A. Clear areas required for access to site and execution of work'. _ B. Remove trees, shrubs, grass, other vegetation, improvements, or obstructions interfering with installation of work as indicated on drawings. Removal includes digging out stumps and roots. Fill . depressions caused by clearing and grubbing operations to subgrade elevation. Prevent water ponding. C. Remove. grass; trees, plant life, stumps and all other construction debris from site to a dump site that is suitable for handling such material according to state laws and regulations 3.04 TOPSOIL EXCAVATION A. Strip topsoil from areas that are indicated to be filled, excavated, landscaped, or re -graded to depth that prevents contact with underlying subsoil or unsuitable material. Where trees are indicated to remain, stop topsoil stripping sufficient distance fi-om tree to prevent damage to main root system. _ B. Cut heavy growths of grass from areas prior to start of stripping. Remove heavy growths of grass along with clearing of other vegetation materials. C. Satisfactory topsoil: see Section 2.1 materials. D. Stockpile existing topsoil from areas to be graded as directed by owner's representative. Construct _ stockpile areas to positively drain surface water. Cover stockpile areas as required to prevent windblown dust. Dispose of unsuitable topsoil off -site as specified clearing, unless directed otherwise by owner's representative. Utilize stockpiled topsoil for final grading activities in turf areas. Cover and retain all excess topsoil for use by landscape contractor during planting and bed preparation. Dispose of excess topsoil off -site as specified for clearing, unless directed otherwise by the owner's representative. 3.05 REMOVAL: A. Remove debris, rock, extracted plant life, paving, curbs, and other structures indicated on drawings. 3.06 PROTECTION: A. Protect existing structures and utilities as specified in section 02200. B. Protect trees, plant growth, and features indicated to remain. END OF SECTION 02100-2 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION -SITEW'ORK TRANSIT CENTER PHASE -1A SECTION 02200 - EARTHWORK COOVER-CLARK & ASSOCIATES, P.C. 1 GENERAL A. Section includes: 1. Preparation of subgrade for building, slabs, walks, pavements, and other sitework. 2. Rough and finish grading. 3. Excavation for filling and grading. 4. Filling and subgrade preparation. 5.. Excavating, backfilling, and compacting for structures. 6. Excavating, backfilling, pipe bedding, and compacting for utilities. 7. Excavating, backfilling, and compacting for pavement. 8. Soil stabilization. B. Related documents: the contract documents, as defined in the general conditions, apply to the work of this section. Additional requirements and information necessary to complete the work of this section may be found in other documents. C. Related sections: 1. Section 02100 — Site Preparation: clearing site of debris, grass, trees, and other plant life. 1.01 REFERENCES: A. Referenced publications: the following publications are included as part of these earthwork specifications: 1. ASTM C 136 - method for sieve analysis of line and coarse aggregates. 2. ASTM D 698 - test methods for moisture -density relations of soil and soil- aggregate mixtures, using 5.5-lb (2.49 kg) rammer and 12-in. (305 mm) drop. 3. ASTM D 1556 - test method for density of soil in place by the sand -cone method. 4. ASTM D 1557 - test method for moisture -density elevations of soils and soil -aggregate mixture using 10 pound (4.54 kg) rammer and 18 inch (457 mm) drop. 5. ASTM D 2167 - test method for density and unit weight of soil in place by the rubber balloon method. 6. ASTM D 4254 - test methods for minimum index density of soils and calculation of relative density. 7. National Fire Protection Association (NFPA): NFPA 70 - National Electric Code. 1.02 QUALITY ASSURANCE: A. Regulatory requirements: 1. Perform earthwork in accordance with applicable requirements of governing authorities having jurisdiction. B. Soil stabilization standards: State Department of Transportation standard specifications. 1.03 PROJECT CONDITIONS OR SITE CONDITIONS A. Existing conditions: 1. Classification of excavations: Contractor by submitting bid acknowledges that Contractor has investigated project site to determine type, quantity, quality, and character of excavation work to be performed. Consider excavation unclassified excavation. 2. Existing utilities: contact local utility companies and make arrangements to obtain utility company location and marking service prior to start of earthwork operations. a. Locate existing underground utilities in areas of work. if utilities are to remain in place, provide means of support and protection during earthwork operations. b. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult utility company and Owner representative immediately for directions. c. Coordinate with Owner and utility companies to keep existing utility services and facilities in operation. d. Repair damaged utilities to satisfaction of utility company, at no additional cost to Owner. 02200-1 SECTION 00300 BID FORM PROJECT: CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE IA; Bid No. 5823 Place Fort Collins Date November 5, 2003 1. In compliance with your Invitation to Bid dated October 13, 2003 , and subject to all conditions thereof, the undersigned G.L. Hoff Company a **(Corporation, Iriterrted---d-iabr�ity - r}r-gar�pr-ae}e-��t{ter-e-8e�E- Pro�ieter)** 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 57 of Bid Amount ($ ) 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: Employers Mutual Casualty Company, PO Box 370010, Denver, CO 80237 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. I 7/96 Section 00300 Page 1 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2-SITEWORK TRANSIT CENTER PHASE -1A SECTION 0220o-EARTHWORK COOVER- ARK &ASSOCIATES, P.C. e. Do not interrupt existing utilities serving facilities occupied;and used by Owner or others, during occupied hours, except when permitted in writing by Owner's _ representative and then only after acceptable temporary utility services have been provided and approved by Owner's representative. f.. Demolish and corppletely remove from site existing underground utilities indicated on drawings to be removed. Coordinate with utility companies for shut-off of services if lines are active. 2 PRODUCTS 2.01 MATERIALS: A. Existing material: excavated and re -used on -site material for subsoil fill as specified herein. Imported material: imported off -site material approved by Owner's representative and as specified ^ herein. B. Bedding material: processed sand and gravel free from clay lumps, organic, or other deleterious material as specified on the drawings. C. Topsoil fill: specified in Section 02100. 2.02 SOIL STABILIZATION MATERIALS: A. Quicklime or hydrated lime: ASTM C 977. B. Portland cement- ASTM C 150. C. Fly ash: ASTM C 618. 2.03 PREPARATION: A. Identify required lines, elevations, levels, contours, grades, and datum necessary to provide earthwork grading as indicated on drawings. B. Verify that survey benchmark and intended elevations for work are as indicated on drawings. C. Locate, identify, and protect existing utilities to remain and previously installed utilities that may be _ damaged by construction operations. 1. Notify Owner's representative and utility company immediately of utilities, not indicated on drawings, encountered. 2. Maintain existing utilities, active utilities, and drainage systems in operating condition. —. 3. Comply with utility company requirements and directions of Owner's representative to keep utilities in operation. 4. Where unmarked utilities are uncovered within the work area, notify Owner and the utilities having jurisdiction, and take precautions to prevent interruption of service. Should such lines or services be damaged, broken or interrupted through negligence, repair and restore immediately without additional cost to utility or to Owner. D. Protect trees, lawns, plant life, fences, existing structures, sidewalks, paving, and curbs from earthwork operations, excavating equipment, and vehicular traffic. E. Protect benchmarks, property corners, and other survey monuments from damage or displacement. Where markers are required to be removed, provide removal and reinstallation by licensed land surveyor licensed in state where project is located. F. Remove material encountered in grading operations that is unsuitable for backfilling, subgrade or foundation purposes as determined by Owner's representative. Dispose of materials off -site in an approved manner in accordance with requirements of authorities having jurisdiction. 2.04 EXCAVATION: A. Provide dewatering, drainage, and ground water management. to control moisture of soils when performing grading operations during periods of werweather. B. Prevent surface water and subsurface or groundwater from flowing into excavations and from flooding project site and surrounding area. Do not allow water to accumulate in excavations. Any water suspected of being contaminated is to be brought to the attention of the design engineer and Owner. Remove water to prevent soil changes detrimental to stability of subgrades. Provide and maintain pumps, well points, sumps, suction and discharge, lines, and other dewatering system 02200-2 ^ I LGHNICAL SPECIFICATIONS CITY OF- FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2-SITEWORK TRANSIT CENTER PHASE -1A SECTION 02200- EARTHWORK COOVER-CLARK & ASSOCIATES, P.C. components necessary to convey water away from excavations. Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rain water and water removed from excavations to collecting or run-off areas. Do not use trench excavations as temporary drainage ditches. Maintain water on site, if required by the local authority. C. Shore, brace, and drain excavations to maintain excavations safe, secure, and free of water at all times. D. Provide protection for workers within trench areas in accordance with local, state, and federal OSHA requirements and regulations. 1. Slope, shore, sheet, or brace excavation sidewalls greater than 5 feet in depth. 2. Provide lateral travel distance to excavation exit ladder or steps maximum 25 feet for trenches minimum 4 feet in depth. E. Acceptable fill material: 1. Rock or stone less than 6 inches in largest dimension as fill to within 24 inches of surface of proposed subgrade when mixed with suitable material. 2. Rock or stone less than 2 inches in largest dimension mixed with suitable material as fill within the upper 24 inches of proposed subgrade. F. Stockpile excavated material suitable for backfilling on -site. G. During excavation, stockpile materials suitable for backfilling away from excavation 1. to prevent overloading, slides, or cave-ins. H. Remove material encountered in excavating operations that is unsuitable for backfilling, subgrade or foundation purposes as determined by Owner's representative. Dispose of materials off -site in an approved manner in accordance with requirements of authorities having jurisdiction. I. Hand correct unauthorized excavation at no cost to Owner. Fill over -excavated areas under structure bearing surfaces by extending indicated bottom elevation of footing or base to excavation bottom without changing top elevation or by filling unauthorized excavation with 3000-psi concrete. Stockpile excavated material in area designated on -site or where directed and remove excess subsoil, not being reused, from site. J. In the event that solid rock or other unexpected materials, over one cubic yard in volume, are encountered, extra cost will be allowed after written approval by Owner or Owner's representative. Quantities to be approved by Owner or Owner's representative. K. Conform excavations for piping to limits, depths, and materials indicated on the drawings, and to applicable codes and regulations. L. Design and provide sheeting, shoring, or bracing at any open trench. Comply with OSHA and other local regulations for trenching requirements. M. Electrical conduit: lay conduit on a four inch compacted bedding of clean sand or pea gravel. Envelope all conduits in sand or pea gravel. Continue backfilling with sand or pea gravel to a depth of four inches above the top of the conduit. Do not use sand in conjunction with filter fabric. Voids between conduits will not be permitted. Clean earth may be substituted for sand when the trench contains only one conduit. N. Potable water piping: lay piping on a four inch compacted bedding of clean compressed air and potable water piping sand or pea gravel. Continue sand backfill to a depth of four inches above the top of the pipe. O. Sewer piping: lay sewer piping supported continuously on a six inch compacted bedding of gravel sewer piping or crushed stone of which 100 percent will pass through a 1/2 inch sieve. Shape bedding for clearance of all joints and fittings, tamped in place, and graded evenly to ensure a uniform bearing for the full length of the pipe. Do not support piping by blocks, planks, or mounds of bedding material. P. Backfilling trenches: 1. Place backfill from 12 inches above the pipe, in layers not to exceed eight inches in depth. Provide granular backfill material free of stones latger than three inches in diameter, non- corrosive, and non- organic in nature. Do not use material with cinders, building materials, waste, or rubbish. Do not use frozen or semi -frozen backfill materials. 2. Do not backfill trenches until field inspections and tests are performed and utility systems comply with and are accepted by governing authorities having jurisdiction. 3. Backfill excavation after pipe or conduit has been installed, bedded, inspected and tested. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2 -SITEWORK ' TRANSIT CENTER PHASE —IA ^ SECTION 022oo- EARTHWORKCOOVER-CL K dr ASSOCIATES, P.C. 4. Contractor is to adjust any utility element meant to be flush with grade (clean out manholes,. catch basins, inlets, etc.) That is affected by site work or grade changes whether specifically noted on plans or not. 2.05 COMPACTION: A. Before compaction, moisten or aerate each layer of backfill as required to obtain optimum moisture content to attain required compaction density. Cinders, ashes, organic matter, rubbish, or other deleterious materials will not be permitted. B. Place fill in layers not more than eight inches in loose depth. Roll areas with soils containing clay or silt (cohesive soils) under paving and buildings with a sheeps foot roller. Compact fill with cohesive materials to a density equal to 95 percent of standard proctor density as determined by ASTM D 698. Determine field density for cohesive soils by the sand cone method following ASTM D 1556. C. Roll areas with soils containing sand and gravel (cohesionless soils) under paving and buildings with either a three -wheel ten -ton vibratory roller or seven ton tractor. Compact fill with cohesionless soils to a density equal to 65 percent of relative density as determined by ASTM D 4254. Determine field density for cohesionless soils by the tubber balloon method following ASTM D 2167. 2.06 SITE GRADING ^ A. Excavate pavement areas to line and grade indicated on drawings. B. Stockpile excavated material suitable for backfilling on -site: C. Remove material encountered in excavating operations that is unsuitable for backfilling and pavement subgrade purposes as determined by Owner. Dispose of materials off -site in an approved manner in accordance with requirements of authorities having jurisdiction. D. Over excavate areas of pavement subgrade found consisting ofunsuitable materials as determined by soils engineer. Prepare, fill with suitable material, and compact as specified. E. Fill areas to contours and elevations as indicated on drawings. F. Place fill in continuous lifts as specified herein. G. Verify that imported off -site fill and stockpiled on -site fill is tested and approved. _ H. Verify that backfill areas are free of debris, snow, ice, or water, and that ground surfaces are not frozen. I. Remove all debris from areas to be landscaped to a depth of two feet. Backfrll with clean soil to a depth within six inches of the finished grade. Backfill to six inches below top of curbs. J. Uniformly compact backfill and grade areas to indicated slope with a tolerance of 1/4 inch above or below indicated elevations. ^ « K. Backfilling: 1. Verify imported fill and stockpiled fill to be reused is approved. 2. If, in the opinion of the Owner or his representative, unsatisfactory soil materials exist on the site, remove such materials upon written approval by the Owner or his representative. Replace all unsatisfactory soil materials with an engineered fill consisting of ordinary soil as excavated on the site, free from debris, roots, stones larger than two inches, silt, muck or peat capable of being compacted to the densities specified in section 02200. Where additional fill material is required, furnish soil equivalent to that obtained on the site. Install fill material in layers not exceeding 12 inches and moistened only as required to obtain the _ specified degree of compaction. Provide coarse sand or bank run gravel fill under paving and sidewalks. L. Verify areas to be backfilled are free of debris, snow, ice, or water, and ground surfaces are not frozen. 2.07 SOIL STABILIZATION: A. Mix materials in accordance with referenced state department of transportation standard specifications or as indicated in the report of subsurface exploration for areas of application. B. Carefully add water to the mix to achieve a consistent mixture without lumping yet not creates a wet plastic consistency. 02200.4 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2 -SITEWORK TRANSIT CENTER PHASE -1A SECTION 02200 - EARTHWORK COOVER-CLARK & ASSOCIATES, P.C. C. The addition of lime may be specified or approved to facilitate mixing fly ash with soil materiais. When specified, or directed by the testing laboratory in writing, lime shall be used to prevent fly ash flash set for retard soil -fly ash reactivity occurring during final mixing. 1. Lime additive shall be uniformly blended with the fly ash on the surface for incorporation with soil materials during fast mixing operations unless other methods of application are approved. 2. The proportion of lime additive with the fly ash will be based on laboratory testing and field trial procedures necessary to determine proper soil modification. 3. The addition of lime will permit a reduction of the fly ash requirement on a replacement basis as approved by the testing laboratory. D. Obtain testing laboratory approval of the mix before proceeding with placement. 2.08 MAINTENANCE OF SUBGRADE: A. Verify finished subgrades for conformance to elevations as indicated on drawings and for specified conditions for subgrade. B. Protect subgrade from excessive wheel loading during construction, including concrete trucks and dump trucks. C. Remove areas of finished subgrade with compaction density below specified density to. depth required. Fill removed areas and compact to specified compaction density D. Provide surface of subgrade after compaction hard, uniform, smooth, stable, and true to grade and cross-section. 2.09 FINISH GRADING: A. Grade areas other than paved areas and building pad areas to finish grade elevations or contours as indicated on drawings including the following: 1. Excavated areas. 2. Filled and transition areas. 3. Landscaped areas. B. Provide engineering and field staking necessary for verification of lines, grades, and elevations. C. Provide finish graded areas uniform and smooth, free from rocks, debris, or irregular surface changes with maximum tolerance of 0.10 foot in 50 feet above or below established finish subgrade elevation. Provide graded surfaces sloping uniformly between indicated elevations. D. Provide drainage ditches graded with uniform slope to allow drainage without ponding, minimizing potential for erosion. E. Protection A. Protect building subgrade pad and building related earthwork from damage by construction operations and erosion. B. Prohibit vehicles from entering building subgrade pad area. Vehicles not permitted. C. Scarify surface, reshape, and compact areas damaged by construction operations or weather erosion. END OF SECTION UL"LUU-5 No Text iQc nmo armuirmikimmu I CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2 ,SITEWORK I TRA14SIT CENTER-1A SECTION 02225-ROADWAY SITE GRADING COOVER-CLARK & ASSOCIATES, P.C. GENERAL 1.1 DESCRIPTION A. This section covers site grading, excavation, subgrade preparation, backfill, compaction, trenching, embankments, and roadways. It also includes disposition of excess materials, provision for imported materials, sheeting, shoring, pumping and dewatering, and temporary drainage operations. B. Classification of Excavated and trenching Material: Excavated materials will not be classified. Excavation and trenching includes the removal and subsequent handling of all materials excavated or otherwise removed in performance of the Work, regardless of the type, character, composition or condition thereof. C. Definitions: 1. Influence Zone Under Pavements: Area below pavement subbase bounded by 1 horizontal to 2 vertical slope extending outward from 1 foot beyond outer edge of pavement including curb and gutter to include shoulders. 2. Influence Zone Around Piping and Conduits: Area below limits bounded by line 12 in. above pipe and by 1 horizontal to 2 vertical slope extending outward from that line 1 ft. beyond outer edge of pipe. 1.2 QUALITY ASSURANCE A. The terms "State Specifications" and "CDOT" in this section refers to Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction - 1999 Edition". Sections 100 through 109 and measurement and payment provisions shall not apply. B. Reference Standards: American Society for Testing and Materials (ASTM): a. ASTM D1557 -Modified Proctor Density b. ASTM D4253 and D4254 - Test Method for Relative Density of Cohesionless Soils. 1.3 SUBMITTALS A. Submit compaction test results to the Owner and Project Manager. B. Test Certificates. Submit test certificates to enable Owner and Project Manager to determine compliance with the Specifications of each of the following materials from each proposed source or supplier: 1. Stabilization material. 2. Granular material. 3. Imported materials. C. Provide with this certificate a Proctor curve of a typical sample. 1. ASTM D1557 or AASHTO T180. 2. ASTM D4253, D4254. 1.4 JOB CONDITIONS A. Notify Owner of underground conduits, wires, pipes or other utilities encountered during grading operations that are not as shown on the Drawings. Cap or remove and relocate services in accordance with instructions by Owner.. Protect, support, and maintain conduits, wires, pipes or other utilities that are to remain in accordance with requirements of Owner. B. Accurately annotate on As -Built Drawings utilities encountered which are not shown on the contract documents. C. Weather. 1. Do not backfill or construct fills or embankments during freezing weather. 2. Do not place backfill, fill or embankment on frozen surfaces. 3. Do not place frozen materials, snow or ice in backfill, fill or embankments. 4.. Do not deposit, tamp, roll or otherwise mechanically compact backfill in water. D. Blasting. 02225-1 CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY SITE GRADING COOVER-CLARK & ASSOL'IATES, P.C. Blasting is not permitted within the jurisdiction of the installation. If it is determined blasting is required, special permitting, and coordination with the Government shall be required. E. Drainage and Groundwater. ^ i. Maintain site grading, excavations and trenches. free from standing water during construction. 2. Remove water encountered in the trench to the extent necessary to provide a firm subgrade, to permit joints to be made in the dry, and to prevent the entrance of water into the pipeline. 3. Divert surface runoff and use sumps, gravel blankets, drain lines or other means necessary to accomplish the above. 4. Maintain the excavation or trench free from water until the structure, or pipe to be installed therein, is completed to the extent that no damage from hydrostatic pressure, flotation, or other cause will result. 5. Uncontaminated groundwater shall be prevented from entering into previously constructed pipe. Groundwater contaminated by sanitary waste shall be discharged into the sanitary sewer. 6. Any pipe under construction shall`not be used for dewatering. _ F, Sequencing. 1. Maintain access to residences, businesses and other government functions. G. Underground Obstructions. 1. Contractor is responsible for the location and verification of all underground utilities and obstructions. 2. Maintain, protect and support by shoring, bracing or other means existing utilities, appurtenance5s and structures. 3. Take such protective measure as the utilities may direct where protection, alterations, or moving of the utilities is required. 1.5 PRODUCT DELIVERY, STORAGE AND HANDLING A. Storage. 1. Provide adequate and orderly storage of excavated material adjacent to Work. 2. Pile suitable material for backfilling in an orderly manner a sufficient distance from _ banks or trench or excavation to avoid overloading and to prevent slides or cave-ins. 3. Do not stockpile excavated materials against existing structures, Work, or appurtenances. 1.6 MAINTENANCE AND CORRECTION -' A. Scarify surface, reshape, and compact to required density completed or partially completed areas of work disturbed by subsequent construction operations or by adverse weather. ` B. Maintain and correct backfill, fill and embankment settlement and make necessary repairs to pavement structures, seeding and sodding which may be damaged as a result of settlement for period of one (1) year after Substantial Completion and acceptance of the Work. PART 2 PRODUCTS 2.1 GENERAL A. All fill material shall be free from frozen matter, stumps, roots, brush, peat, other organic matter, cinders or other corrosive material, debris, broken asphalt and concrete, and any other material that is not suitable in the opinion of the Owner. B. Other restrictions are as follow: 1. Fill material within one foot of pavement subgrade, finished surface in unpaved areas or structures shall be free of rocks, boulders and stones larger than three (3) inches in any dimension. _ 2. Fill material in other areas shall be free from rocks, stones and boulders larger than 6 inches in any dimension. 3. Size restrictions are contingent upon larger fill materials being evenly distributed in the finer fill material. Coordinate any deviation with the Owner. 02225-2 TECHNICAL SPECIFICATIONS DIVISION 2-91TEWORIE CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY SECTION 02228 -ROADWAY SITE GRADING TRANSIT CE14TER-1A COOVER-CLARK $ ASSOCIATES, P.C. 2.2 IMPORTED MATERIAL A. If job excavated material is not sufficient or suitable, suitable material shall be imported. All imported material shall have a liquid limit not greater than 30 and a plasticity index not greater than 6, except for groundwater barrier material. Fill, embankment and groundwater barrier material need not meet liquid limit and plastic index when not in influence zone. B. Controlled Fill: Soils with a California Bearing Ratio of 50 or better. 2.3 GRANULAR MATERIAL. Angular crushed rock, conforming to CDOT #67, Section 703 of the Colorado Department of Transportation Standard Specifications. SIZE PERCENT PASSING 1 100 3/4" 90-100 3/8" 20-55 #4 0-10 #8 0-5 2.4 PIPE STABILIZATION MATERIAL A. Top 6 inches of pipe subgrade - If the existing soil in the trench bottom is judged to be unsuitable the top 6-inches of the pipe subgrade shall be removed and replaced with a stabilization material. Stabilization material is crusher -run rock, conforming to ASTM D448, size #357. SIZE PERCENT PASSING 2 1/2" 100 2" 95-100 1 35-70 1/2" 10-30 #4 0-5 & Geotextile: CDOT, Section 712.08, Table 712-2, Class A. C. Subgrade below top 6 inches - Same as top 6 inches except that broken concrete and rock may be included in sizes permitting compaction as specified without discernible voids. 2.5 PIPE BEDDING MATERIALS A. Definition: Materials placed from the subgrade to an elevation above the top of pipe. B. Bedding material shall meet the requirements for Granular Material above. 2.6 TRENCH BACKFILL MATERIAL Trench backfill material shall be soil free from any rocks or stones which are larger than 6-inches, in any dimension. Trenches within one foot of 2.5.1 (below) shall comply with 2.5.1 requirements. 1. Rocks or stones which are, larger than 3-inches, in any dimension, shall not be placed within one foot of pavement subgrade, within one foot of the finished surface of unpaved areas or structures. 2. Material shall not be lumpy or hard but shall be finely divided. 2.7 'GEOTEXTILE FABRIC FOR SUBGRADE AREAS A. Geotextile Fabric: "CDOT", Section 712.08, Table 712-2, Class A. 02225-3 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UN►IIERSITY DIVISION 2-S{TEWORK TRANSIT CENTER-1A SECTION 02225-ROADWAY SITE GRADING COOVER-CLARK & ASSOCIATES, P.C, PART 3 EXECUTION 3.1 PREPARATION _ Topsoiling. Remove topsoil and stockpile topsoil away from areas to be disturbed by construction. Keep . topsoil segregated from non -organic excavation materials and debris. 3.2 INSPECTION Examine surfaces to receive fill to determine existence of areas loosened by frost action, softened by flooding or weather or of unsuitable materials. 3.3 FILL USAGE A. Controlled: Within influence zone under pavements. B. Earth: Other areas not previously specified. 3.4 PREPARATION A. Fill settled areas where excavations or trenches were backfilled and holes made by demolition, tree removal, and site preparation work. _ B. Natural soils or compacted fill softened by frost, flooding or weather shall be reworked, removed and replaced and/or compacted as required by Owner. C. Proof roll areas to receive fill material to detect soft or loose zones prior to placing fill. Remove and replace soft or loose zones. Reference Field Quality Control for requirements on proofrolling _ equipment and procedures. D. Keep construction site free draining. E. Scarify subgrade to a depth a minimum of 8 inches, or as stated on the drawings, and compact to 95% of maximum Modified Proctor Density. 3.5 EXCAVATION A. Provide adequate space and clearances for the Work and for installation and removal of concrete forms. B. Do not undercut excavated faces for extended footings. C. Foundations and structures shall be founded on original, undisturbed soil or on structural backfill extended to the undisturbed soil. Foundations and structures shall not be founded on existing fill if ^ encountered at the site. If fill at subgrade is found to be unacceptable, excavate to original undisturbed soil and bring to proper grade with fill material D. Unacceptable fill encountered at the site may be stockpiled for reuse in backfills and embankments if it meets the requirements of the specifications. E. Excavations within 12 inches of bedrock, if encountered, shall be excavated to bedrock and backfilled with Granular Material to the proposed subgrade elevation. F. Unauthorized Excavation. Except where otherwise shown, specified .or authorized by Owner, replace materials excavated below the bottom of concrete walls, footings slabs on grade and foundations with concrete at the same time and monolithic with the concrete above. G. Stabilization: Wherever wet or otherwise unstable material that is incapable of supporting the pipe, structures, or roadway is encountered in the bottom of the excavation or trench, overexcavate such material to a depth suitable for construction of a stable subgrade. Backfill overdig with Stabilization Material or Granular Material. Use filter fabric where necessary around Stabilization Material, Granular Bedding Material and on the subgrade to stabilize subgrade and prevent fines from migrating into granular materials 3.6 PLACING FILL A. Use of rocks or stones within the allowable size limit in the remainder of backfills, trenches, fills or embankments is subject to their not interfering with proper compaction. B. Fill voids caused by excavation of unsuitable material with granular material in areas where structures, foundations, or slabs will be constructed. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2 -SITEWORK TRANSIT CENTER-1A SECTIOM 0222S-ROADWAY SITE GRADING COOVER-CLARK & ASSOCIATES, P.C. C. Rock and bedrock encountered in the excavation shalt be separated from other excavated material and disposed of by Contractor. D. Do not compact by use of water flooding or jetting. E. Where pipe will pass through fill, the fill shall be previously constructed to an elevation at least one foot above the elevation of the top of the proposed pipe before trenching for the pipe is begun in the fill. F. Conforming to following requirements: Lift Modified Thickness Proctor Location (in.) % Influence Zone 8 95 Seeded Areas 8 90 3.7 TRENCHING A. Excavate trenches by open cut methods. B. Do not use mechanical equipment in locations where its operation would cause damage to trees, buildings, culverts, or other property, utilities, or structures above or below ground. In all such locations, hand excavating methods shall be used. C. Use mechanical equipment so designed and operated that the rough trench excavation bottom elevation can be controlled with uniform trench widths and vertical sidewalls from an elevation one foot above the top of the installed pipe to the bottom of the trench, and trench alignment sufficiently accurate to permit pipe to be aligned properly between the pipe and sidewalls of the trench. Do not undercut the trench sidewall to obtain clearance. D. Excavation in rock. 1. Over excavate a minimum of six inches below the bottom of the pipe. 2. Backfill with Bedding Material. E. Preparation of Trench Bottom. 1. Grade trench bottoms uniformly to provide clearance for each section of pipe. 2. Remove loose materials, water and foreign objects. 3. Wherever unstable material is encountered in the bottom of the trench, over -excavate such material to a depth suitable for construction of a stable subgrade. Backfill overdig with Stabilization Material and compact. A layer of geotextile fabric shall be placed between the stabilization material and the bedding material. F. Stockpiling Excavated Materials. 1. Pile suitable material for backfrlling in an orderly manner a sufficient distance from banks of the trench to avoid overloading and to prevent slides or cave-ins. 2. Remove and dispose of excess excavated materials not suitable or not required for backfilling. 3. Do not stockpile excavated material against existing structures or appurtenances. G. Limiting Trench Widths. 1. Trenches shall be excavated to a width necessary to provide working space between the pipe and the trench walls for proper pipe installation, joining, and bedding. 3.8 PIPE BEDDING A. Placement and Compaction. 1. Distribute and grade bedding material to provide uniform and continuous support beneath pipe at all points between bells and pipe joints. 2. Deposit bedding material and compact uniformly and simultaneously on each side of the pipe to prevent lateral displacement. B. Overdepth Excavation. 1. Restore overexcavated subgrades to proper elevation with Stabilization Material or Granular Material. 3.9 TRENCH BACKFILL AND COMPACTION 02225-5 through G.L. Hoff Company CONTRACTOR BY: Gregory L. Hoff President ADDRESS: 1815 West 12th Street Loveland, CO 80537 8. BID SCHEDULE (Base Bid) Please use the attached Bid Schedule when submitting your bid. 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 (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: Sig Tit 11-5-2003 Date #B-6 cense Number (If Applicable) (Seal - if Bid is by corporation) AttestVMi/alm T. Hoff, S c as. Address 1815 West 12th Street Loveland. CO 80537 Telephone 970-669-3255, fax 970-663-1566 7/96 Section 00300 Page 2 CITY OF FONT COLLINS A COLORADO STATE UNIVERSITY TRANSIT CENTER-1A s GRADING COOVER-CLARK & ASSOCIATES, P.C. A. Depositbackfill material in uniform layers not exceeding eight inches in uncompacted thickness. Increased layer thickness may be acceptable provided it is demonstrated that the specified compacted density will be obtained. B. Use methods and equipment appropriate for the backfill material. Do not use equipment or methods that will transmit damaging shocks to the pipe. Do not perform compaction by jetting or water settling. C. Import material for trench backfill if compaction can not be obtained with job excavated material, when specifically required by these Contract Documents, or required to meet applicable codes. D. Rock and bedrock encountered in the excavation shall be disposed of by the Contractor. E. Topsoiling - Replace topsoil after construction and grading to the depth as specified on the drawings. F. Obtaining a site for disposal of excavated rock and bedrock material, excess excavated materials, and material not suitable for backfilling is the responsibility of Contractor. G. Trench compaction shall be to the following minimum- densities, reference ASTM D698 or AASHTO T99 unless otherwise indicated. _ 1. Subgrade under footings or foundations: 100%. 2. Trench backfill. a Within right of way and under areas of permanent surface improvements: 95% b. Under footings, foundations or structures: 95%. c. Seeded areas: 90%. d. All other locations: 95%. e. Do not compact topsoil _ 3. Where Granular Materials are used in lieu of cohesive soils reduce the above percentages by 15% to arrive at the relative density and ASTM D4253 and D4254 shall apply. 3.10 FIELD QUALITY CONTROL A. Testing: The Owner will indicate where tests are required. The testing laboratory shall take compaction tests to assure the Owner that the surface is ready for the next lift and shall so certify on his compaction report. Compaction reports shall be signed and sealed by a professional engineer. 1. Provide a minimum of one compaction test per 2500 square yards of area per lift or 1 per lift. B. Rough Grading Tolerances: 1. Grade to 4 in. below finished grade in areas to receive topsoil, unless new grade is less than 4 in. above existing grade. 2. Maximum allowable variation from correct elevation is +0.10 ft. 3. Grading areas, including excavated and filled sections and adjacent transition areas shall be reasonably smooth, compacted, and free from irregular surface changes. Tolerances shall not be interpreted to allow reverse grades. Maintain positive drainage in all areas. C. Moisture Content of Controlled Fill: Within moisture limits meeting percent compaction specified on density/moisture (compaction) curve or within 2% of optimum (when laboratory compaction testing not performed) when placed and compacted. D. Proof rolling with a rubber tired roller will be required. 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 or dried, as necessary, and reompacted to required density and moisture. Proof roll with a heavy rubber tired truck or construction equipment approved by the Owner. Repeat proof rolling test until all areas to be paved have passed the proof rolling tests. 02225-6 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2 -SITEWORK TRANSIT CENTER-1A SECTION 62225 -ROADWAY SITE GRADING COOVER CLARIf &ASSOCIATES, P.C. 3.11 ADJUSTMENT AND CLEANING A. Excess Material: Dispose all excess material not required and all excess existing gravel base in accordance with applicable federal, state and local regulations. B. Dispose material not suitable for backfiiling or site grading. C. Rough grade areas within. grading lines and areas which are disturbed to achieve lines and grades, indicated, with allowance for thickness of pavements and topsoil. * * * END OF SECTION * 02225-7 No Text TECHNICAL SPECIFICATIONS. CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2 -SITEWORIf TRANSIT CENTER-1A SECTION 02612 -ASPHALT PAVING TRANSIT & ASSOCIATES, P.C. PART 1 GENERAL 1. DESCRIPTION: A. All work under this section is subject to the contract documents. B. Furnish all labor, materials, equipment, layout and supervision -necessary to complete all asphalt paving. C. Refer to drawings, schedules and details for type and location of asphalt work required. D. Coordinate with other trades. E. Asphalt provider shall be a registered and approved paving mix manufacturer with the Department of Transportation and Highways of the state in which the project is located. F. All references herein to State Highway specifications indicate the State Highway or Department of Transportation of the state in which the project is located. 1.01 QUALITY ASSURANCE: A. Owner may hire independent testing firm to perform thickness tests. B. Thickness and tolerances for smoothness shall be as specified in section 3.01 of this document. C. Paving Contractor will provide to the Owner verification of the quantity and quality of the specified material in the form of trip tickets, and mix certifications. D. Provide copy of manufacturer's design mix formula to Owner. PART 2 PRODUCTS 2.01 MATERIALS: A. Base aggregate: provide clean, hard, durable crushed limestone or crushed air-cooled blast furnace slag having at least 95 percent passing a 1 1/2 inch sieve and not more than 8 percent passing a no. 200 sieve or conforming to State DOT requirements. Furnish, aggregate weighing not less than 90 pounds per cubic foot for limestone and for crushed slagwhen. shaken to refusal. B. Coarse aggregate: sound; angular crushed stone; crushed gravel; complying with ASTM D 692. C. Fine aggregate: sharp -edged natural sand or sand prepared form stone; gravel or combinations thereof, complying with ASTM D 1073. D. Mineral filler: rock or slag dust, hydraulic cement, or other inert material complying with ASTM D 242. E. Bituminous material: asphalt cement, performance grade pg 64-22 and conforming to local state highway specifications; ASTM D 3381 for viscosity -graded material; ASTM D 946 for penetration - graded material. F. Tack coat: emulsified asphalt SS-1, ASTM D 977, uniformly diluted 50% with potable water, conforming to local state highway specifications. Apply immediately after cleaning surface with compressed air or blowers. G. Asphaltic concrete: mixture of coarse and fine aggregate, mineral filler and asphaltic cement combined in such proportions that the composition by weight of the finished mix shall be according to state highway specifications within the following range or as directed by Owner: Sieve Total passing % By Weight Binder Course Surface Course (Mixture B) (Mixture C, D, or E) 2" 100 -- V, 100-- 3/4" 82-100 100 1/2" 50-82 90-100 3/8" - 66-100 No.4 24-50 24-65 No.8 16-36 16-48 No.16 10-25 10-32 No.30 9-33 9-33 No.50 4-12 4-15 No. 100 3-9 3-10 No. 200 3-9 3-9 asphaltic cement 2-6 H. Mix and weigh all material in a standard modern plant, regularly producing asphaltic concrete. 2.02 INITIAL SEAL COAT A. Contractor shall include in this work the application of the initial seal coat no sooner than 6 months, and no later than 12 months after installation of asphalt wear course. Grry OF FORT B. Initial seal coat shall be fass - dri polymeric coating (Maintenance, Inc., Wooster, OR 800 - 892 - 6701). A combination of coal tar, polymer chemistry and reinforcing geotextile fibers applied at a rate of 90 square feet per gallon per coat. The coating shall be UL classified for slip resistance insuring nonskid capability when dry and when flooded with water or oil. Coating shall be weather, gas, oil, chemical and abrasion resistant. Two coats applied separately. The Contractor must submit certification by the manufacturer that the material was purchased and applied according to the manufacturer's specification. Seal all cracks in asphalt prior to applying seal coat. C. Do not permit vehicular traffic of any kind on paving until it has cooled and hardened, and in no case less than six hours after final rolling of bituminous materials. Provide temporary barricades to keep- — traffic from completed pavement. Maintain in place for a minimum of three days after completion of paving work. D. Coordinate application so that maximum drying time is 24 hours. Do not sealcoat when ambient air or ground temperature is below 45 degrees F. — 2.03 INSTALLATION A. Install asphalt paving to the thicknesses shown in the details. B. Parking lot, driveways: 1. After all site utilities have been installed and the backfill is properly consolidated, the Contractor shall fine grade and roll the subgrade, and install the course to the compressed thickness as outlined above. C. Base course: 1. Spread course aggregate with a self-propelled spreading machine capable of placing the aggregate true to grade upon the prepared subgrade. When vibratory equipment is used, the maximum compacted depth of a single layer shall not exceed 6 inches. When vibratory —. compaction equipment is not used, the maximum compacted thickness of one layer shall not exceed 3 inches. 2. Broom and roll surface until sand or screenings cannot be forced into the voids. 3. Compact base course in accordance with the state highway specifications. — 4. Base course shall be installed in two layers of equal thickness. D. Asphaltic concrete binder course and surface course: 1. Asphalt mixture shall be laid only when the prepared subgrade or underlying course is dry and when weather conditions are suitable. 2. No mixture shall be spread when the air temperature is below 40 degrees F. or when there is frost on the ground. 3. Provide a uniform finish surface free from ruts or irregularities in contour, and true to the — established grade to present a smooth riding, E. Compaction: 1. Compact mixture while still hot, by rolling with self-propelled tandem roller. 2. Compacted course shall be free of all irregularities and shall conform to the grade and dimensions given elsewhere in these specifications. 3. Wearing surface course shall show an even and smooth surface with aggregate and fines uniformly distributed. 4. After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. F. Substitutions: 1. Suitable base of the specified thickness obtained by other method is acceptable if submitted _ to and approved by Owner. 2. Suitable asphaltic concrete wearing surface of different specification is acceptable if submitted and approved by Owner. G. Cutting and patching 1. Saw -cut edge of existing paving where new paving is to abut, in a true, straight line, to expose an even, vertical surface for full course thickness. 2. Contact surfaces shall be clean and free of sand, dirt, and other deleterious material. — 3. Apply tack coat. 02612-2 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2-SITEWORIF TRANSIT CENTER-tA SECTION 02612 -ASPHALT PAVING COOVER-CLARK & ASSOCIATES, P.C. Carefully make joint to ensure continuous bond between new and existing paving. 1.06 PAVEMENT MARKING A. Paint accessibility symbols and traffic markings conforming with AASHTO requirements, latest edition. Coordinate exact locations with Owner. B. Material: 1. 2 coats alkyd traffic paint marking paint "ultra -hide traffic paint" as manufactured by ICI paints (Glidden) or "promar alkyd traffic marking paint" as manufactured by Sherwin Williams. 2. Color: white parking stripes, yellow no parking zones and blue handicapped stalls unless otherwise required on drawings or by local jurisdiction. C. Clean pavement surface of loose material and dirt. Apply when temperatures are above 40 degrees F. D. Contractor's work shall include re -striping paving after the initial seal coat is applied per Section 2.02 above. END OF SECTION 02612-3 No Text �rworn.y i wnu CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2-SITEWORK TRANSIT:CENTER-1A SECTION 02619 SITE CONCRETE COOVER-CLARK & ASSOCIATES, P.C. DESCRIPTION: A. All work under this section is subject to the contract documents. B. Furnish all labor, materials, equipment, layout and supervision necessary to complete all concrete. work. C. Refer to drawings, schedules and details for kind, type and location of concrete work required. D. Coordinate with other trades. E. Concrete work shall be governed by the following American concrete institute (ACI) standards: 1. ACI 301, "specifications for structural concrete" 2. ACI 117, "standard specifications for tolerances for concrete construction and materials" 3. ACI 305R, "hot weather concreting" 4. AACI306.1, "specifications for cold weather concreting 1.01 QUALITY ASSURANCE A. Submit a written description of the concrete mix design to be used for the work to Owner at least ten working days prior to first concrete placement. Indicate mixing method, air content, slump, admixtures to be used, 28-day compressive strength, and proportions of concrete, water and aggregate. Mix design should comply with requirement of section 3.03 of this specification. Do not begin concrete placement. until Owner has reviewed mixes. B. The Owner may engage an independent testing agency to sample concrete according to ASTM c 172 and to perform tests according to the following ASTM and ACI standards. Compressive strength ASTM C 31 and C 39 Unit Weight ASTM C 138 Air Content ASTM C 173 and C 231 Slump ASTM C 143 Concrete Evaluation ACI 301 Chapter 17 Concrete rejection ACI 301 concrete rejection C. Notify Owner at least 24 hours before concrete pour. D. Contractor shall prepare one concrete cylinder from each truck for each continuous concrete pour in excess of 15 cubic yards volume. Cylinders shall be permanently labeled to indicate installation location and date, and shall be stored on site. Owner may choose.to submit these cylinders to a testing laboratory. E. Provide to the Owner, upon request, copies of all concrete delivery tickets documenting the following information: 1. Date and time dispatched, time of arrival, and time of placement. 2. Amount of concrete. 3. Weight and type of concrete aggregate. 4. Water content and water.added at job site (if any). 5. Type and amount of admixtures (if any). F. Cold weather requirements 1. Mix design, handling and placement of concrete shall be in accordance with ACI 306r except as indicated in this specification. 2. If air temperature at the time of installation is below 40 degree F, concrete may be placed if the following conditions are met: A. The subbase is not frozen, and it has been protected using insulating blankets so that its temperature is not below 32 degrees F. B. Concrete temperature at time of delivery shall not be less than 55 degrees F. f in a moist condition for a minimum of seven days after placement following. C. Maintain concrete above 50 ° the recommendations of ACI 308-92. D. Use either: 1) ASTM CC 150 Type III (high early strength) concrete. or 2) ASTM C150, Type I concrete with non -chloride accelerating admixture conforming to the requirement of ASTM C 494 Type C or E. CITY OF FORT COLLINS SECTION 02619-SITE CONCRETE COOVER-GLARY g ASSOCIATES, P.C. E. Use of chloride containing mixtures will constitute grounds for removal and replacement of concrete at no cost to Owner. F. Concrete shall not be poured if air temperature at the time ofplacement is below 25 degrees F. G. Hot weather requirements 1. Mix design, handling and placement of concrete shall be in accordance with ACI 305r except as indicated in this specification. 2. If air temperature at the time of installation is above 90 degrees F, concrete may be placed if the following conditions are met: A. Dampen forms and subgrade prior to placing concrete. B. Concrete delivery temperature must not exceed 90 degrees F. C. Cover freshly placed concrete with white plastic sheeting or damp burlap between the placement and finishing steps. D. Use a set retarding admixture conforming to the requirement of ASTM C 494, Type B or D. E. Place concrete as soon as possible after mixing: avoid placing delays. Avoid placing concrete during hottest hours of the day. F. Apply curing/seating compound immediately after finishing concrete surface. 2 PRODUCTS 2.01 MATERIALS: A. Portland cement 1. ASTM C 150, Type I except as noted in cold weather requirements above. 2. Type III high early strength cement at Contractor's option except in hot weather placement. B. Aggregate . 1. Conform to ASTM c33. 2. Aggregates shall not contain deleterious materials or materials that cause popouts such as chert, flint, coal, lignite, clay or other friable materials in excess of those allowed in table 3 ofASTM c 33. 3. Coarse aggregates: provide coarse aggregates conforming to ASTM c 33 consisting of crushed stone or washed gravel having a clean, hard, strong, durable, uncoated particles free from injurious amounts of soft or flaky pieces, alkali, organic matter, or other deleterious substances. Provide coarse aggregate with a maximum of 1-1/2 inches, five percent is to pass a No. 4 sieve. - 4. Fine aggregates: provide fine aggregates conforming to ASTM c 33 consisting of natural sand having clean, hard, strong, durable, uncoated grains, free of injurious amounts of dust, lumps, soft or flaky particles, shale, alkali, organic matter, or other deleterious substances. Provide fine aggregates with a minimum of nine percent passing through a No. 100 sieve. In addition not more than 45 percent is to be retained between any two consecutive sieves. C. Water shall be clean, potable, free of oil, acids, salts, or other deleterious matter and complying with ASTM c94 D. Steel reinforcing 1. Free from flaking rust, scale and dirt. 2. ASTM A615, grade 60, deformed 3. Wire fabric: cold drawn ASTM A185 4. Wire fabric shall be in flat sheets and shall be designated as shown on drawings. 5. Synthetic fiber: fibrillated polypropylene fibers engineered and designed for use in concrete complying with ASTM C 1116, Type III, 1/2 inch to 1 inch long. Not required in foundations if approved by Owner. E. Admixtures 1. Admixtures containing more than 0.10% calcium chloride are not permitted. 2. All concrete subject to freeze/thaw cycles shall use an air entraining admixture conforming to ASTM c 260. Air entrained concrete is not required for subgrade foundations or for interior slabs. Air entrained concrete is required in pavement and sidewalks. 3. Other admixtures shall not be used except by prior approval and agreement with Owner. 02619-2 CITY OF FORT COLLINS & COLORAD ESTATE UNIVERSITy DIVI SION 2 —SITEWORK TRANSIT CENTER SECTION 02619 ,SITE CONCRETE COOVER�LARK -1A & ASSOCIATES. c- F. Curing/Sealing compound I. Use a non -yellowing gasoline resistant curing/sealing compound, meeting ASTM c 309, Type I. 2. Do not apply sealer to concrete slabs that will eventually be covered by floor tile. 3. NO CURING COMPOUND OR SEALERS SHALL BE USED ON SURFACES THAT SHALL RECEIVE ANY SPECIAL FLOOR COVERING THAT DOES NOT ALLOW SUCH SEALERS, SUCH AS STAINED CONCRETE. 4.. Approved products: A. Euclid Super Diamond Clear Vox B. Masterbuilders Cure & Seal 30 C. Sonnebom URE N Seal 30% H. Joint materials: 1. Expansion and isolation joint material shall comply with ASTM D 1751. 2. Install in pavement saw -cut or formed control joints, elastomeric joint sealant as follows: A. Comply with ASTM c 920, Type S (single component). B. Comply with ASTM c 920, Grade P (self leveling). C. Class 25, fuel resistant. 3 EXECUTION 3.01 FORM WORK: A. Form work shall conform to ACI 347r. B. Set forms straight, plumb and true to lines and dimensions per ACI 301 and 347r. C. Provide adequate bracing for forms to withstand all loads. D. Exterior, and interior concrete surfaces shall be equivalent to plywood form finish, with normal wood grain showing, unless otherwise noted. E. Clean forms and treat with releasing agent prior to installation. 3.02 REINFORCEMENT: A. Locate and tie all metal reinforcement and accessories in forms as indicated in drawings. Clean reinforcement of loose rust, earth, ice and other foreign materials. B. Install reinforcing steel in accordance with ACI 315. C. Lap splices as required by design and service requirements, TO" minimum. D. Locate and support reinforcement with bar support to maintain minimum concrete cover. E. Do not use lifting chairs for installation of welded wire fabric. Use lifting hook to raise wire fabric into position in sidewalk or slab immediately after concrete is poured in place. 3.03 CONCRETE MIX PROPORTIONS: A. Water cement ratio: maximum of 0.45 B. Compressive strength: 4000 psi average 28-day compressive strength, for slabs, 3500 psi for foundations. C. Slump: Y-5" at point of placement. D. Air Entrainment: 4% to 6%. in exterior exposed concrete. Cement: 564 lbs/cy (6 bag mix). E. No water may be added at the site to improve concrete workability. Use water reducing admixture conforming to ATSM C494 at the mix plant. 3.04 MIXING: A. Use only ready mixed concrete. Mix and place concrete following ACI 318 "building code requirements for reinforced concrete". B. Concrete shall conform to ASTM c94. C., Plant is to provide delivery ticket for each truck stating mix proportions, air entrainment, intended slump, design compressive strength and brand name of any admixtures and time of mixing. D. Trucks not meeting the criteria in sections 3.3 and 3.4 above shall be rejected at no cost to the Owner. City of Fort Collins & Colorado State University Transit Center -Phase IA BID SCHEDULE Each following Items shall include the costs of all labor, materials, tools, equipment, services, incidentals, overhead, profit, and bonds. ITEM 1. LANDSCAPE / IRRIGATION IMPROVEMENTS (INSIDE FENCE) Provide and install landscaping / irrigate improvements inside fence Also, include hydrant and drain sump as shown SUBTOTAL $� 2. PHONE SERVICE INCLUDING CONDUIT / BORING Two (2) 1" conduits including boring, trenching, backfill with flowfill, installation of emergency phone provided by others. SUBTOTAL$ 3. All required work less above Items 1 and 2. 9� SUBTOTAL $ I �O Q f9' TOTAL LUMP SUM $ <A0%,742J Section 00300 Page 3 . CITY OF FORT COLLINS & 3.05 PLACEMENT AND JOINTS: A. Place concrete within 90 minutes of mixing time shown on ticket: I. Do not place any concrete if the subgrade has standing water or is muddy. 2. Deposit concrete into the final position at the specified slumps without segregation by rehandling or flowing. Deposit concrete at a rate that concrete remains plastic and flowable into the spaces between the reinforcing bars. Do not deposit partially hardened concrete or concrete that has been contaminated by foreign. materials. Do not re -temper concrete. 3. Schedule concreting that once started remains a continuous operation until the particular section or panel has been completed. Do not deposit fresh concrete on concrete that has hardened ._ sufficiently to cause formation of seams or planes of weakness with the section or panel. Provide construction joints as indicated. B. Thoroughly compact concrete by means ofinechanical vibrators supervised by experienced personnel. Provide sufficient vibration intensity to cause flow or settlement around reinforcement, embedded items, and comers'of the forms; but not long enough to cause segregation of the mix. Supplement mechanical vibration by hand spading in comers and angles of the forms and along form surfaces while the concrete is plastic to ensure even dense surfaces free from aggregate pockets or honeycombs. C. Concrete and reinforcement shall be placed to the thickness, dimensions and extent shown on plans. D. Provide expansion joints at locations indicated on plans. E. Provide preformed joint filler at abutment of foundation and sidewalks, at 26-0" o.c. in sidewalks, _ around steel island forms and bollards, and as indicated on the plans. F. Saw -cut control joints to a minimum depth of 3/4-inch to control cracking at spacing not to exceed 20 ft. and not less than 10 ft. control joints shall be installed no sooner than 4 hours and no later than 12 hours after placement. G. Install joint sealant in all control joints, isolation joints and expansion joints. Remove all debris and laitance in sawcut joints using compressed air prior to installing sealant. H. Use tooled control joints on all sidewalks, 5/8-inch minimum depth. Tooled joints with 3/4-inch minimum depth may be used in lieu of sawcut joints in general paving areas provided that joint sealant is installed. I. Provide a smooth finish at all exposed surfaces. Construct corners with a one -inch chamfer. J. Provide construction joints at the end of each day's concreting operations, or when concreting is _ interrupted for a period of 30 minutes or more. Construct joints with a keyway by use of a well-oiled wood strip with beveled edges, or a metal keyway strip. Locate so the strength and appearance of the structure is not impaired. , 3.06 CURING A. Protect concrete from rapid drying and keep in a moist condition for at least 7 days after placing with a curing compound as specified above. B. Cure floor slabs with a non -residual curing compound. C. NO CURING COMPOUND OR SEALERS SHALL BE USED ON SURFACES THAT SHALL RECEIVE ANY SPECIAL FLOOR COVERING THAT DOES NOT ALLOW SUCH SEALERS, SUCH AS STAINED CONCRETE. _ D. Vehicular traffic shall be kept off of curing concrete for at least 7 days. E. Except for saw cutting of control joints, foot traffic should be kept off of concrete for at least 2 days. F. Cure concrete in accordance with hot and cold weather provisions given in Section 1.01 of this specification. 3.07 FINISHING A. Exterior sidewalks: transverse broom finish. B. Pavement: broom finish. ^' END OF SECTION I tct11VICAI. ISMGWICnnON: CITY OF FORT COLLINS & COI,ORADU UNIVERSITY DIVISION 2 - SITEWORK TRANSIT CENTER- PHASE 1A SECTION 02810 -LANDSCAPE IRRIGATION COOVER-CLARK 6 ASSOCIATES, P.C. i. GENERAL 1.01 SCOPE Furnish all labor, materials, supplies, equipment, tools, and transportation, and perform all operations in connection with and reasonably incidental to the complete installation of the irrigation system, and guarantee/warranty as shown on the drawings, the installation details, and as specified herein. Items of Work specifically included are: A. Procurement of all applicable licenses, permits, and fees. B. Coordination of Utility Locates ("Call Before you Dig"). C. Maintenance period. 1.02 WORK NOT INCLUDED A. Installation of irrigation controller. 1.03 IRRIGATION SYSTEM DESIGN A. The Landscape Contractor shall provide, as part of the bid, a preliminary landscape sprinkler design. 1. No contract shall be awarded until a preliminary irrigation design has been submitted, reviewed, and approved by CSU Landscape Architect and CSU Grounds Department personnel. 2. Final irrigation design shall be in substantial compliance with the preliminary irrigation design submitted as part of the bid response. B. The new irrigation layout must be designed by an irrigation professional with at least 3-5 years experience with comparable systems. 1. The irrigation designer must be familiar with the CSU irrigation system including: controllers, valves, heads, piping, operating standards, and all other materials. C. The new sprinkler system shall include, but not be limited to: valves, wiring, piping, pop-up spray and geared rotor heads. 1.04 SUBMI7ITALS A. Deliver four (4) copies of all submittals to the Owner's Representative within 15 days from the date of Notice to Proceed. B. Materials List: Include pipe, fittings, mainline components, water emission components, control system components. Quantities of materials need not be included. C. Manufacturers' Data: Submit manufacturers' catalog cuts, specifications, and operating instructions for equipment shown on the materials list. D. Shop Drawings: Submit shop drawings called for in the installation details. Show products required for proper installation, their relative locations, and critical dimensions. Note modifications to the installation detail. 1.05 RULES AND REGULATIONS A. Work and materials shall be in accordance with the latest edition of the National Electric Code, the Uniform Plumbing Code as published by the Western Plumbing Officials Association, and applicable laws and regulations of the governing authorities. B. When the contract documents call for materials or construction of a better quality or larger size than required by the above -mentioned rules and regulations, provide the quality and size required by the contract documents. C. If quantities are provided either in these specifications or on the drawings, these quantities are provided for information only. It is the Contractor's responsibility to determine the actual quantities of all material, equipment, and supplies required by the project and to complete an independent estimate of quantities and wastage. 02810.1 CITY OF FORT IRRIGATION COOVEWZ1 MZlt A ASSOCIATES. P.C. 1.06 TESTING — A. Notify the Owner's Representative three days in advance of testing. B. Pipelines jointed with threaded connections may be subjected to a pressure test at any time after partial completion of backfill. Pipelines jointed with solvent -welded PVC joints shall be allowed to cure at least 24 hours before testing: C. Subsections of mainline pipe may be tested independently, subject'to the review of the Owner's Representative. D. Furnish clean, clear water, pumps, labor, fittings,. and equipment necessary to conduct tests or — retests. E. Hydrostatic Pressure Test: 1. Subject mainline pipe to a hydrostatic pressure equal to the anticipated operating pressure of 75 PSI for two hours. Test with mainline components installed — 2. Backfill to prevent pipe from moving under pressure. Expose couplings and fittings. 3. Leakage will be detected by visual inspection. Replace defective pipe, fitting, joint, valve, or appurtenance. Repeat the test until the pipe passes test. _ 4. Cement or caulking to seal leaks is prohibited. F. Operational Test: 1. Activate each remote control valve in sequence from controller. The Owner's Representative will visually observe operation, water application patterns, and leakage. 2. Replace defective remote control valve, solenoid, wiring, or appurtenance to correct operational deficiencies. 3. Replace, adjust, or move water emission devices to correct operational or coverage deficiencies. 4. Replace defective pipe, fitting, joint, valve, sprinkler, or appurtenance to correct leakage problems. Cement or caulking to seal leaks is prohibited. 5. Repeat test(s) until each lateral passes all tests. Repeat tests, replace components, and — correct deficiencies at no additional cost to the Owner. G. Control System Grounding: 1. Test for proper grounding of control system per manufacturer's recommendations. Test — results must meet or exceed manufacturer's guidelines for acceptance. 1.07 CONSTRUCTION REVIEW The purpose of on -site reviews by the Owner's Representative is to periodically observe the work in progress, the Contractor's interpretation of the construction documents, and to address questions with regard to the installation A. Scheduled reviews such as those for irrigation system layout or testing must be scheduled with the B. Owner's Representative as required by these specifications. C. Impromptu reviews may occur at any time during the project. D. A review will occur at the completion of the irrigation system installation and Project Record (As - Built) Drawing submittal. 1.08 GUARANTEE/WARRANTY AND REPLACEMENT The purpose of this guarantee/warranty is to insure that the Owner receives irrigation materials of prime — quality, installed and maintained in a thorough and careful manner. A For a period of one year from commencement of the formal maintenance period, guaramee/wamanty irrigationmaterials, equipment, and workmanship against defects. Fill and repair depressions. Restore landscape or structural feahm damaged by the settlement of -- irrigation trenches or excavations. Repair damage to the premises caused by a defective item. Make repairs within seven days of notification from the Owner's Representative. B. Contract documents govern replacements identically as with new work. Make replacements at no — additional cost to the contract price. 02810 - �a tivaranteeiwarranty applies to originally installed during the guarantee/warranty period. MATERIALS CITY OF FORT COWNS 8: equipment replacements M P.C. 2.01 QUALITY Use materials which are new and without flaws or defects of any type, and which are the best of their class and kind 2.02 SUBSTITUTIONS A. Acceptable equipment manufacturers are as indicated on the drawings. Alternative equipment must be approved by the Engineer prior to bidding. The Contractor is responsible for making any hanges to the design to accommodate alternative equipment B. Pipe sizes referenced in the construction documents are minimum sizes, and may be increased at the option of the Contractor. 2.03 SLEEVING A. Install separate sleeve beneath paved areas to route each run of irrigation pipe or wiring bundle. B. Sleeving material beneath pedestrian pavements shall be PVC Class 200 pipe with solvent welded joints. C. Sleeving beneath drives and streets shall be PVC Class 200 pipe with solvent welded joints. D. Sleeving Diameter: Equal to twice that of the pipe or wiring bundle unless otherwise indicated on the drawings. 2.04 PIPE AND FITTINGS A. Mainline Pipe and Fittings: 1. Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-B, ASTM Standard D1784, with an integral belled end. 2. Use Class 200, SDR-21, rated at 200 PSI, conforming to the dimensions and tolerances established by ASTM Standard P2241. Use PVC pipe rated at higher pressures than Class 200 in the case of small nominal diameters which are not manufactured in Class 200. 3. Use gasketted fittings for mainline pipe of 3" diameter or larger. B. Lateral Pipe and Fittings 1. Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-13, ASTM Standard D1784, with an integral belled end suitable for solvent welding. 2. Use Class 160, SDR-26, rated at 160 PSI, conforming to the dimensions and tolerances established by ASTM Standard D2241. 3. Use solvent weld pipe for lateral pipe. Use Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and D 1784 for PVC pipe. Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564, of a type approved by the pipe manufacturer. C. Specialized Pipe and Fittings: 1. Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 40 threaded fittings. 2. Joint Sealant: Use only Teflon -type tape or Teflon based paste pipe joint sealant on plastic threads. Use nonhardening, nontoxic pipe joint sealant formulated for use on water -carrying pipes on metal threaded connections. 02810' - 3 TECHNICAL SPElt4hCATION, CITY OF FORT COLONS S COLO"1i 0 UNIVERSITY DIVISION 2 - SITEWORK TRANSIT :ENTER - PNASE`1A $iWbON62810—LAN6t CAPE IRRIGATION CO&ER-CLAkK A ASSOCIATES, P.G. -' 2.05 MAINLINE COMPONENTS A. Isolation Gate Valve Assembly: As presented in the installation details. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. B. Quick Coupling Valve Assembly: Double swing joint arrangement as presented in the installation details. 2.06 SPRINKLER AND BUBBLER IRRIGATION COMPONENTS A. Sprinkler Heads are to be sole source - Hunter. No substitutions are permitted without written approval by the University Representative. B. Remote Control Valve (RCV) Assembly for Sprinkler and Bubbler Laterals: As presented in the installation details. Use wire connectors and waterproofing sealant to join control wires to solenoid valves. Use standard Christy I.D. tags with hot -stamped black letters on a yellow background Install a separate valve box overa3-inch depth of 3/4-inch gravel for each assembly. C. Sprinkler Assembly: As presented in the drawings and installation details. 2.07 CONTROL SYSTEM COMPONENT$ A. Control Wire: 1. Use American Wire Gauge (AWG) No: 14 solid copper, Type OF or PE cable, UL approved for direct underground burial from the controller unit to each remote control valve. •- 2. Color: Use white for common ground wire. Use easily distinguished colors for other control wires. Spare control wires shall be of a color different from that of the active control wire. Wire color shall be continuous over its entire length. _ 3. Splices: Use wire connector with waterproof sealant. Wire connector to be of plastic construction consisting of two (2) pieces, one piece which snap locks into the other. A copper crimp sleeve to be provided with connector. 4. Warning Tape: Inert plastic film highly resistant to alkalis, acids, or other destructive chemical components likely to be encountered in soils. Three inches wide, colored yellow, and imprinted with "CAUTION": BURIED ELECTRIC LINE BELOW." B. Existing Control Wire: 1. It is assumed that existing 24 VAC control wire between existing controller and solenoid valves is in workable condition Any concerns are to be brought to the attention of the Owner's Representative prior to installation of the replacement controller. 2.08 OTHER COMPONENTS A. Tools and Spare Parts: Provide operating keys, servicing tools, spare parts and other items indicated in the General Notes of the drawings. B. Other Materials: Provide other materials or equipment shown on the drawings or installation details which are part of theirrigation system, even though such items may not have been referenced in these specifications. 3 ERECUTION 3.01 INSPECTIONS AND REVIEWS A. Site Inspections: 1. Verify construction site conditions and note irregularities affecting work of this section. Report irregularities to the Owner's Representative prior to beginning work. -- 2. Beginning work of this section implies acceptance of existing conditions. B. Utility Locates ("Call Before You Dig"): 1. Arrange for and coordinate with local authorities the location of all underground utilities. 02810 - 4 w,. TECHNICAL SPECIFICATION CITY OF FORT COLLINS & COLORADO UNIVERSITY DIVISION 2 - SITEWORK TRANSIT CENTER - PHASE IA SECTION 02810 -LANDSCAPE IRIMATION COOVER CLARK & ASSOCIATES, P.C. 2. Repair any underground utilities damaged during construction Make repairs at no additional cost to the contract price. C. Irrigation System Layout Review: Irrigation system layout review will occur after the staking has been completed. Notify the Owner's Representative one week in advance of review. Modifications will be identified by the Owner's Representative at this review. 3.02 LAYOUT OF WORK A. Stake out the irrigation system. Items staked included: sprinklers, pipe, control valves, quick coupling valves and isolation valves. B. Install all mainline pipe and mainline components inside of project property lines. 3.03 EXCAVATION, TRENCHING, AND BACKFILLING A. Excavate to permit the pipes to be laid at the intended elevations and to permit work space for installing connections and fittings. B. Minimum cover (distance from top of pipe or control wire to finish grade): 1. 18-inch over mainline pipe and over electrical conduit. 2. 20-inch over control wire. 3. 12-inch over lateral pipe to sprinklers and bubblers. C. Maintain at least 15-feet clearance from the centerline of any tree. D. PVC lateral pipes may be pulled into the soil utilizing a vibratory plow device specifically manufactured for pipe pulling. Minimum burial depths equals minimum cover listed above. E. Backfill only after lines have been reviewed and tested. F. Excavated material is generally satisfactory for backfill. Backfill shall be free from rubbish, vegetable matter, frozen materials, and stones larger than 2-inches in maximum dimension. Remove material not suitable for backfill. Backfill placed next to pipe shall be free of sharp objects which may damage the pipe. G. Backfill unsleeved pipe in either of the following manners: 1. Backfill and puddle the lower half of the trench. Allow to dry 24 hours. Backfill the remainder of the trench in 6-inch layers. Compact to density of surrounding soil. 2. Backfill the trench by depositing the backfill material equally on both sides of the pipe in 6-inch layers and compacting to the density of surrounding soil. H. Enclose pipe and wiring beneath roadways, walks, curbs, and other hardscape surfaces within sleeves. Minimum compaction of backfill for sleeves shall be 95% Standard Proctor Density, ASTM D698-78. Use of water for compaction around sleeves, "puddling" will not be permitted. I. Dress backfilled areas to original grade. Incorporate excess backfill into existing site grades. J. Where utilities conflict with irrigation trenching and pipe work, contact the Owner's Representative for trench depth adjustments. 3.04 SLEEVING AND BORING A. Install sleeving at a depth which permits the encased pipe or wiring to remain at the specified burial depth. B. Extend sleeve ends twelve inches beyond the edge of the paved surface. Cover pipe ends and mark with stakes. C. Bore for sleeves under obstructions which cannot be removed. Employ equipment and methods designed for horizontal boring. 3.05 ASSEMBLING PIPE AND FITTINGS A. General: 1. Keep pipe free from dirt and pipe scale. Cut pipe ends square and debur. Clean pipe ends. 2. Keep ends of assembled pipe capped. Remove caps only when necessary to continue assembly. 02810 - 6 WECIFICATION CITY OF FORT COLLINS &COI ORADO I.IWER§ITY SffEWORK TRANSF{ OENtEEt- PHASk`-1A ,'*-LANDSCAPE IRIWATIONCOF)VER-CLAAK&ASSb1:Ufft,P.C. — 3. Trenches may be curved to change direction or avoid obstructions within the limits of the curvature of the pipe. Minimum radius of curvature and offset per 20 foot length of pipe by pipe size are shown in the following table. All curvature results from the bending of the pipe lengths. No deflection will be allowed at a pipe joint SIZE RADIUS OFFSET PER 20' LENGTH I W" 25' T-8' 2„ 25' T-8' 2 1/2" 100, 1'-111, 3" 100, 1'-111, B. Mainline Pipe and Fittings: 1. Use only strap -type friction wrenches for threaded plastic pipe. 2. PVC Solvent Weld Pipe: _ a. Use primer and solvent cement. Join pipe in a manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in pipe. C. Snake pipe from side to side within the trench — 3. Fittings: The use of cross type fittings is not permitted. C. Lateral Pipe and Fittings: 1. Use only strap -type friction wrenches for threaded plastic pipe. 2. PVC Solvent Weld Pipe: a. Use primer and solvent cement Join pipe in the manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in the -- pipe. C. Snake pipe from side to side within the trench 3. Fittings: The use of cross type fittings is not permitted. D: Specialized Pipe and Fittings: 1. PVC Threaded Connections: a. Use only factory -formed threads. Field -cut threads are not permitted. b. Use only Teflon -type tape or Teflon based paste. C. When connection is plastic -to -metal, the plastic component shall have male threads and the metal component shall have female threads. 3.06 INSTALLATION OF MAINLINE COMPONENTS A. Quick Coupling Valve Assembly: Install where indicated on the drawings. 3.07 INSTALLATION OF SPRINKLER AND BUBBLER IRRIGATION COMPONENTS: A. Remote Control Valve (RCV) Assembly for Sprinkler and Bubbler Laterals: 1. Flush mainline before installation of RCV assembly. - 2. Install where indicated on the drawings. Wire connectors and waterproof sealant shall be used to connect control wires to remote control valve wires. Install connectors and sealant per the manufacturer's recommendations. 3. Install only one RCV within a valve box. Locate valve box at least 12-inches from and align with nearby walls or edges of paved areas. Group RCV assemblies together where practical. Arrange grouped valve boxes in rectangular patterns. Allow at least 12-inches between valve boxes. - 4. Adjust RCV to regulate the downstream operating pressure. 5. Attach ID tag with controller station number to control wiring. B. Sprinkler Assembly: 1. Flush lateral pipe before installing sprinkler assembly. 2. Install per the installation details at locations shown on the drawings. .. 3. Locate rotary sprinklers 6-inches from adjacent walls, fences, or edges of paved areas. i. CITY OF FORT COLLINS & COLORADO UNIVERSITY 2-SITEVIaKini 02a111_1 AIJnCA_AOC 1oov_wr'nu. TRANSIT CENTER- PHASE 1A _ _ _ _ 4. Locate spray sprinklers 3-inches from adjacent walls, fences, or paved areas. 5. Install sprinklers perpendicular to the finish grade. 6. Supply appropriate nozzle or adjust arc of coverage of each sprinkler for best performance, and to avoid overspray. 7. Adjust the radium of throw of each sprinkler for best performance, and to avoid overspray. 3.08 INSTALLATION OF CONTROL SYSTEM COMPONENTS A. Control Wire: I. Bundle control wires where two or more are in the same trench. Bundle with pipe wrapping tape spaced at 10-foot intervals. Do not tape wires together where contained within sleeving or conduit. 2. Control wiring may be chiseled into the soil utilizing a vibratory plow device specifically manufactured for pipe pulling and wire installation. Appropriate chisel must be used so that wire is fed into a chute on the chisel, and wire is not subject to pulling tension Minimum burial depth must equal minimum cover previously listed 3. Provide a 24-inch excess length of wire in an 8-inch diameter loop at each 90 degree change of direction, at both ends of sleeves, and at 100-foot intervals along runs of wiring. Do not tie wiring loop. Coil 24-inch length of wire within each remote control valve box. 4. Install common ground wire and one control wire for each remote control valve. Multiple valves on a single control wire are not permitted 5. If a control wire must be spliced, make splice with wire connectors and waterproof sealant, installed per the manufacturer's instructions. Locate splice in a valve box which contains an irrigation valve assembly, or in a separate 10-inch round valve box. 6. Use same procedure for connection to valves as for in -line splices. 7. Unless noted on plans, install wire parallel with and below PVC mainline pipe. 8. Protect wire not installed with PVC mainline pipe with a continuous inn of warning tape placed in the baclfill six inches above the wiring. 3.09 INSTALLATION OF OTHER COMPONENTS A. Tools and Spare Parts: 1. Prior to the Review at completion of construction, supply to the Owner operating keys, servicing tools, spare parts, and any other items indicated in the General Notes on the drawings. B. Other Materials: 1 • Install other materials or equipment shown on the drawings or installation details which are part of the irrigation system, even though such items may not have been referenced in these specifications. 3.10 PROJECT RECORD (AS -BUILT) DRAWINGS A. The Contractor is responsible for documenting changes to the design. Maintain on -site and separate from documents used for construction, one complete set of contract documents as Project Documents. Keep documents current. Do not permanently cover work until as -built information is recorded. B. Record pipe and wiring network alterations. Record work which is installed differently than shown on the construction drawings. Record accurate reference dimensions, measured from at least two permanent reference points, of each irrigation system valve, each controller or control unit, each sleeve end, each stub -out for future pipe or wiring connections, and other irrigation components enclosed within a valve box. C. Prior to construction completion, obtain from the Owner's Representative a reproducible mylar copy of the drawings. Mylars or CAD data files compatible with AutoCAD software, can be purchased from the Engineer. Cost of mylar reproducible drawings is $25 per sheet and the cost 02810 - 7 TECHNICAL SPECIFICATION CITY OF FORT COLLINS & COLOROO l mvmV srry DIVISION T - UrEwORIQ TRANSIT, CENTER- PNASE. IA SECTION 02S1G - LANDSCAPE'. NVWATION COOVEK-CLARK & AS96cIATES, P.C. of AutoCAD data files on diskette is $25 per file. Using technical drafting pen or CAD, duplicate information contained on the project drawings maintained on site. Label each sheet "Record Drawing". D. Turn over the "Record Drawings" to the Owner's Representative. Completion of the Record Drawings will be a prerequisite for the Review at the completion of the irrigation system installation. 3.11 MAINTENANCE A. Winterize the irrigation system in the fall following completion and star -up the irrigation system the following spring. Repair any damage caused in improper winterization at no additional cost to the Owner: Coordinate the winterization and start up with the landscape maintenance personnel. B. Upon completion of construction and review by the Owner's Representative, maintain irrigation system for a duration of 30 calendar days. Make periodic examinations and adjustments to irrigation system components so as to achieve the most desirable application of water. C. Following completion of the Contractor's maintenance period, the Owner will be responsible for maintaining the system in working order during the remainder of the guarantee/warranty period, for performing necessary minor maintenance, for trimming around sprinklers, for protecting against vandalism and for preventing damage after the landscape maintenance operation 3.12 CLEANUP A. Upon completion of work, remove from the site all machinery, tools, excess materials, and rubbish -g TECHNICAL SPECIFICATION CITY OF FORT COLLINS & COLORADO UNIVERSITY DIVISION 2 - SITEWORK TRANSIT CENTER- PHASE 1A SECTION 02810 - LANDSCAPE IRRIGATION COOVER-CLARK 6 ASSOCIATES, P.C. IRRIGATION SYSTEMS (CSU BUILDING CONSTRUCTION STANDARDS MANUAL) APPENDIX A A. Sole Source Products: 1. Central Control Units — Motorola MIR 5000 Irrigation Central. 2. Satellite Control Unit — Motorola MIR 5000 wall mount field unit. 3. Sprinkler Heads - Hunter. 4. Remote Control Solenoid Valves — Rainbird PESB "Scinbber". B. Central Control Units: 1. Shall include IBM-PC personal computer, printer, computer operating system, diskettes, base station, base station antenna, transmission line, base station antenna support, repeater antenna and other appurtenance required to communicate with the satellite control units or stations. C. Satellite Control Units: 1. Shall be wall mount field units complete with radio interface, radio, DB bard hat antenna, or other appurtenance required to communicate with the central control unit or monitoring equipment. Satellite control unit shall be sized as shown on the drawings. D. Remote Solenoid Control Valves: 1. Remote control valves (RCV) shall be installed according to Detail L-5 Remote Solenoid Control Valve in Appendix A. 2. All existing and new RCVS shall have valve boxes installed according to Appendix A - Detail L-5. Boxes shall have a minimum of 2 inches between bottom, of box lid and highest part of valve. Boxes shall also have a minimum of 2 inches between bottom of box and piping. Valve boxes shall be set with lids within one half inch of compacted and settled finish grade. Boxes shall have a minimum of 4 to 6 bricks to support bottom side of box. Ground shall be hand tamped underneath valve boxes. 3. All RCVS shall be of same brand as sole sourced above. 4. Whenever possible, existing galvanized fittings shall be removed and replaced with PVC. 5. Each RCV zone shall be flushed with sprinkler heads removed. E. Sprinkler Heads: 1. Shall include models with 12 different size nozzles per head, gear driven and sealed in Oil, two year replacement warranty with up to 5 years on some parts, strip proof gears, vandalism resistant, dirty water screen, small surface area, and fully interchangeable. 2. Sprinkler heads shall be a minimum of 3 inches from any walk, building, or surface. Top of heads shall be placed exactly at finished grade except sprinkler heads next to walks shall be placed flush with top of sidewalk or curb. 3. Sprinklers shall be firmly tamped under and around so as to be exactly straight up and down. 4. Sprinklers shall have 8 to 12 inches of swing pipe, but not to exceed 24 inches. 5. Refer to Appendix A - Detail L-1 - Sprinkler Head Piping in Appendix A for further information. E. General Design Information: 1. Irrigation systems shall be installed according to latest standards of the Association of Landscape Contractors of Colorado (ALCC). 2. Lawn irrigation is considered a utility. The system is fed from College Lake located gainst the foothills in West Campus. Irrigation water is untreated water and people should be warned not to drink from sprinklers. In extreme circumstances, where the uzar u - 1 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410Bid Bond 00420Statement of Bidder's Qualifications 00430Schedule of Subcontractors 7/96 Section 00410 Page 1 TECHNICAL SPECIFICATION CITY OF FORT COLLINS & COLORADO UNIVERSITY DIVISION 2-SITEYVORKTRANSIT CENTER- PHASE _ SECTION 02910 - LANDSCAPE IRIWATION' COOVER-CIARK & ASSOCIATES, P.C. system does not reach a specific area of campus, a variance may be requested from Facilities Management to use domestic water. 3. During the growing season turf is watered 14 hours per day, depending on weekly _ schedule. In the future this utility may be tied to the energy management system computer located at Facilities Management. Until that time, system clocks must be installed in various locations around campus. The overall system is fed from College Lake with untreated water and it's design and materials will be coordinated with Facilities Management -Grounds Services through the University Representative. 4. The specific design of the sprinkler system will be done by the AlE And reviewed by Facilities Management Grounds Services through the University Representative. 5. The construction will include provisions for pressure checks and inspection of open trenches by Facilities Management -Grounds Services personnel. 6. Irrigation piping may contain asbestos. Contractors shall be notified prior to construction if asbestos piping exists. 7. All underground utility piping shall also conform to the requirements of Section 02600 B - Nonmetallic Utility Lines. G. Execution: — I. Irrigation control system layout will be reviewed by Facilities Management -Grounds Services through the University Representative after the layout is completed. Notify the University Representative three days in advance of review. Modifications may be identified at this review. 2. The contractor should be informed that bending or kinking of poly pipe weakens the pipe, eventually causing leaks. Therefore, all kinked pipe must be replaced. 3. Verify locations of underground utilities including the existing irrigation system components. 4. Backfilling of new trenches shall be puddled in landscaped areas. Backfilling under pavement shall be with non -shrinkable backfill. H. Salvage: 1. Existing irrigation controllers, sprinklers and valves shall be turned over to Owner unless otherwise instructed. 1. System Damage: 1. The University Representative must contact Facilities Management -Grounds Services immediately if there is any damage to main line or wiring. 2. In the event of main line damage, the Contractor and Facilities Management -Grounds Services must ensure immediate repair. — 3. In the event of damage to poly lines or sprinklers, Facilities Management -Grounds Services asbestos irrigation pipe is damaged, Contractor shall stop work and notify University Representative. _ Immediately upon cutting through the irrigation line, the contractor shall cut and tape both ends such that dirt and debris cannot get into the lines. Backfill and tamp, or puddle up to the level of irrigation line that is to be repaired and notify Facilities Management -Grounds Services through the University Representative. After repair has been completed by Facilities Management -Grounds Services, backfill to grade but do not tamp directly on top of irrigation line. Electrical Control System: 1. Control system requires electrical power supply. Coordinate work with the electrica engineer. The electrical control wire design shall be in accordance with the NEC. — 2. Provide location in the grounds closet (if provided), the mechanical room, or other services area space for the lawn sprinkler control cabinet. Provide electrical service (110V) at this location with conduit large enough to contain the valve control wires to the , outside. 02810 - 2 No Text TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2 SITE WORK TRANSIT CENTER PHASE —1A SECTION 02900 - LANDSCAPE WORK - COOVER-CLARK & ASSOCIATES, P.C. The General Conditions; Supplementary Conditions are hereby made a part of this section as fully as if repeated herein. i GENERAL 1.01 SUMMARY A. This Section includes provisions for the following items: 1. Trees. 2. Shrubs. 3. Plants. 4. Ground cover. - 5- Lawns. 6. Soil amendments. 7. Initial maintenance of landscape materials. B. Related Sections: The following sections contain requirements that relate to this Section. 1. Excavation, filling, and rough grading required to establish elevations shown on , drawings is specified in Division 2 Section, "Earthwork." 2. Underground sprinkler system is specified in Division 2 Section, "Landscape Irrigation". 1.02 QUALITY ASSURANCE A. Subcontract landscape work to a single firm specializing in landscape work. B. Source Quality Control: 1. General: Ship landscape materials with certificates of inspection required by governing authorities. Comply with regulations applicable to landscape materials. 2. Do not make substitutions. If specified landscape material is not obtainable, submit proof of non -availability to Landscape Architect, together with proposal for use of equivalent material. r 3. Analysis and Standards: Package standard products with manufacturer's certified analysis. For other materials, provide analysis by recognized laboratory made in accordance with methods established by the Association of Official Agriculture Chemists, wherever applicable. .. 4. Topsoil: Before delivery of topsoil, furnish Landscape Architect with written statement giving location of properties from which topsoil is to be obtained, names and addresses w of owners, depth to be stripped, and crops grown during past 2 years. 5. Trees, Shrubs and Plants: Provide trees, shrubs, and plants of quantity, size, genus, ^ species, and variety shown and scheduled for landscape work and complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock". Provide healthy, vigorous stock, grown in recognized nursery in accordance with good horticultural practice and free of disease, insects, eggs, larvae, and defects such as knots, sun -scald, injuries, abrasions, or disfigurement. 6. Label each tree and shrub with securely attached waterproof tag bearing legible designation of botanical and common name. ... 7. Label at least one tree and one shrub of each variety with a securely attached waterproof tag bearing legible designation of botanical and common name. a. Where formal arrangements or consecutive order of trees or shrubs are shown, select stock for uniform height and spread, and label with number to assure %^ symmetry in planting. 8. Inspection: The Landscape Architect may inspect trees and shrubs either at place of growth or at site before planting, for compliance with requirements for genus, species, ^ variety, size, and quality. Architect retains right to further inspect trees and shrubs for size and condition of balls and root systems, insects, injuries and latent defects, and to _ reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from project site. .� 02900 - 1 ^ 1.03 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract and Division I Specification Sections. B. Plant and Material Certifications: 1. Certificates of inspection as required by governmental authorities. 2. Manufacturer's or vendor's certified analysis for soil amendments and fertilizer materials. 3. Label data substantiating that plants, trees, shrubs and planting materials comply with specified requirements. C. Planting Schedule: Proposed planting schedule, indicating dates for each type of landscape work during normal seasons for such work in area of site. Correlate with specified maintenance periods to provide maintenance from date of substantial completion. Once accepted, revise dates only as approved in writing, after documentation of reasons for delays. D. Maintenance Instructions: Typewritten instructions recommending procedures to be established by Owner for maintenance of landscape work for one full year. Submit prior to expiration of required maintenance period(s). 1.04 DELIVERY, STORAGE AND HANDLING A. Packaged Materials: Deliver packaged materials in containers showing weight, analysis, and name of manufacturer. Protect materials from deterioration during delivery, and while stored at site. B. Sod; Time delivery so that sod will be placed within 24 hours after stripping. Protect sod against drying and breaking of rolled strips. C. Trees and Shrubs: Provide freshly dug trees and shrubs. Do not prune prior to delivery unless otherwise approved by Landscape Architect. Do not bend or bind -tie trees or shrubs in such manner as to damage bark, break branches, or destroy natural shape. Provide protective covering during delivery. Do not drop balled and burlapped stock during delivery. D. Deliver trees and shrubs after preparations for planting have been completed and plant immediately. If planting is delayed more than 6 hours after delivery, set trees and shrubs in shade, protect from weather and mechanical damage, and keep roots moist by covering with mulch, burlap or other acceptable means of retaining moisture. Do not remove container -grown stock from containers until planting time. 105 JOB CONDITIONS A. Utilities: Determine location of underground utilities and perform work in a manner which will avoid possible damage. Hand excavate, as required. Maintain grade stakes set by others until removal is mutually agreed upon by parties concerned. B. Excavation: When conditions detrimental to plant growth are encountered, such as rubble fill, adverse drainage conditions, or obstructions, notify Landscape Architect before planting. 1.06 SEQUENCING AND SCHEDULING A. Planting Time: Proceed with, and complete landscape work as rapidly as portions of site become available, working within seasonal limitations for each kind of landscape work required. 1. Plant or install materials during normal planting seasons for each type of plant material required. 2. Correlate planting with specified maintenance periods to provide maintenance from date of substantial completion. B. Coordination with Lawns: Plant trees and shrubs after final grades are established and prior to planting of lawns, unless otherwise acceptable to Landscape Architect. If planting of trees and shrubs occurs after lawnwork, protect lawn areas and promptly repair damage to lawns resulting from planting operations. 1.07 SPECIAL PROJECT WARRANTY A. Warranty lawns one year from final acceptance. 02900 - 2 -1A _ B. Warranty trees and shrubs, for a period o€one year after date of substantial completion, against —' defects including death and unsatisfactory growth, except for defects resulting from neglect by Owner, abuse or damage by others, or unusual phenomena or incidents which are beyond Landscape Installer's control C. Remove and replace trees, shrubs, or other plants found to be dead or in unhealthy condition during warranty period. Make replacements during growth season following end of warranty period. Replace trees and shrubs which are in doubtful condition at end of warranty period; unless, in opinion of Landscape Architect, it is advisable to extend warranty period for a full growing season. I . Another warranty inspection will be conducted at end of extended warranty period, if any, to determine acceptance or rejection. Only one replacement (per tree, shrub or plant) will be required at end of warranty period, except for losses or replacements due to failure to _ comply with specified requirements. 2 PRODUCTS 2.01 TOPSOIL A. Topsoil for landscape work is available at site. B. Provide on site topsoil that is fertile, friable, natural loam, surface soil, reasonably free of subsoil, clay lumps, brush, weeds and other litter, and free of roots, stumps, stones larger than 2 inches in ^— any dimension, and other extraneous or toxic matter harmful to plant growth. 2.02 SOIL AMENDMENTS A. Peat Humus: Finely divided peat, so completely decomposed and free of fibers that its biological identity is lost. Provide in granular form, free of hard lumps and with pH range suitable for intended use. B. Bonemeal: Commercial, raw, finely ground; 4 percent nitrogen and 20 percent phosphoric acid. C. Superphosphate: Soluble mixture of treated minerals; 20 percent available phosphoric acid. _D.. Manure: Well rotted, unleached stable or cattle manure containing not more. than 25 percent by volume of straw, sawdust, or other bedding materials and containing no chemicals or ingredients harmful to plants. E. Mulch: 1. Fractured granite, 1 1/2 " — 2" diameter, gray in color, free from debris and soil. Typar, Mirifi or approved equal geotextile weed barrier under layment. 2. Shredded coarse wood mulch. F. Commercial Fertilizer: Complete fertilizer of neutral character, with some elements derived from organic sources and containing following percentages of available plant nutrients: 1. For trees and shrubs, provide fertilizer with not less than 5 percent total nitrogen, 10 _ percent available phosphoric acid and 5 percent soluble.potash. 2. For lawns, provide fertilizer with percentage of nitrogen required to provide not less than 1 pound of actual nitrogen per 1,000 sq. ft. of lawn area and not less than 4 percent phosphoric acid and 2 percent potassium. Provide nitrogen in a form that will be available to lawn during -. initial period of growth; at least 50 percent of nitrogen to be organic form. G. Root stimulator shall be "Superthrive" as manufactured by the vitamin institute, or approved equal. 2.03 PLANT MATERIALS A. Quality: Provide trees, shrubs, and other plants of size, genus, species, and variety shown and scheduled for landscape work and complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock". B. Deciduous Trees: Provide trees of height and caliper scheduled or shown and with branching configuration recommended by ANSI Z60.1 for type and species required. Provide single stem trees except where special forms are shown or listed 1. Provide balled and burlapped (B&B) deciduous trees. 02900 - 3 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVFRSITY DIVISION 2 SITE WORK TRANSIT CENTER PHASE -1A SECTION 02900 .1 nNMrAPr wnQ 2. Container grown deciduous trees will be acceptable in lieu of balled and burlapped deciduous trees subject to specified limitations of ANSI Z60.1 for container stock. 3. Caliper measurement shall be taken twelve (12) inches above ground line. C. Deciduous Shrubs: Provide shrubs of the height shown or listed and with not less than minimum number of canes required by ANSI Z60.1 for type and height of shrub required. i. Provide balled and burlapped (B&B) deciduous shrubs. 2. Container grown deciduous'shrubs will be acceptable in lieu of balled and burlapped deciduous shrubs subject to specified limitations for container grown stock. 3. Shrubs shall be matched specimens from a single block source. 2.04 GRASS MATERIALS A. Sod: Provide strongly rooted sod, not less than 2 years old, free of weeds and undesirable native grasses, and machine cut to pad thickness of 3/4 inch (plus or minus 1/4 inch), excluding top growth and thatch. Provide only sod capable of vigorous growth and development when planted (viable, not dormant). 1. Provide sod of uniform pad sizes with maximum 5 percent deviation in either length or width. Broken pads or pads with uneven ends will not be acceptable. Sod pads incapable of supporting their own weight when suspended vertically with a firm grasp on upper 10 percent of pad will be rejected. 2. Provide sod composed principally of following: a. Kentucky Bluegrass (Poa pratensis) or Bluegrasses selected for drought tolerance and adapability 2.05 GROUND COVER A. Provide plants established and well rooted in removable containers or integral peat pots and with not less than minimum number and length of runners required by ANSI Z60.1 for the pot size shown or listed. 2.06 MISCELLANEOUS LANDSCAPE MATERIALS A. Steel Edging: Commercial steel edging of size shown on drawings fabricated in sections with loops pressed from or welded to face of sections at 2'- 6" o.c. to receive stakes. Provide tapered steel stakes 16 inches long. Finish edging sections and stakes with manufacturer's standard green -black paint. B. Mulch: Fractured granite, 1 %" — 2" diameter, gray in color, free of debris, silts and soil. C. Weed Control Fabric: "Mirifi", "Typar" or other geotextile underlayment approved by Landscape Architect. D. Wrapping: Tree -wrap tape not less than 4 inches wide, designed to prevent borer damage and winter freezing. E. Stakes and Guys: Provide steel "tee" length posts to lowest free limb after stake is driven in the ground stakes and deadmen of sound new hardwood, treated softwood, or redwood, free of knot holes and other defects. Provide wire ties and guys of 5-strand, twisted, pliable galvanized iron wire, not lighter than 12 inch diameter black rubber or plastic hose, cut to required lengths and of uniform color, material, and size to protect tree trunks from damage by wires. 3 EXECUTION 3.01 PREPARATION - GENERAL A. Lay out individual tree and shrub Locations and areas for multiple plantings. Stake locations and outline areas and secure Landscape Architect's acceptance before start of planting work. Make minor adjustments as may be required. B. Do not plant material when any frost is present in the soil, or daily high temperature exceeds 90 degrees. 02900 - 4 TECNNIC"AL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY' DIVISION2 SITE WORK \ TRANSITCENTER PHASE-1A SECTION 02900 -LANDSCAPE-WORK COOPER-CLARK � ASSOCIATES: 3.02 PREPARATION OF PLANTING SOIL FOR BACKFILL A. Before mixing, clean topsoil of roots, plants, sods, stones, clay lumps, and other extraneous materials harmful or toxic to plant growth. B. Mix specified soil amendments and fertilizers with topsoil at rates specified. Delay mixing of fertilizer if planting will not follow placing of planting soil within a few days. C. For pit and trench type backfill, mix planting soil prior to backfilling, and stockpile at site. D. For planting beds and backfill in planting holes thoroughly mix 1/3 peat moss with 2/3 fine graded top soil to a homogenous blend. -- 3.03 PREPARATION FOR PLANTING LAWNS A. Loosen subgrade of lawn areas to a minimum depth of 6 inches. Remove stones measuring over 1-1/2 inches in any dimension. Remove sticks, roots, rubbish, and other extraneous matter. Limit preparation to areas which will be planted promptly after preparation. L Spread top soil to minimum depth required to meet lines, grades, and elevations shown, after light rolling and natural settlement. _ 2. Place approximately 1/2 of total amount of top soil required. Work into top of loosened subgrade to create a transition layer and then place remainder of planting soil. Add specified soil amendments and mix thoroughly into upper 6 inches of topsoil. 3. Spread an even layer of peat, manure or other Landscape Architect approved organics at the rate of 4 cubic yards per 1000 square feet of area. Rototill organics into a minimum depth of six inches: Mix organics thoroughly into soil and smooth grade. B. Preparation of unchanged Grades: Where lawns are to be planted in areas that have not been altered or disturbed by excavating, grading, or stripping operations, prepare soil for lawn planting as follows: Till to a depth of not less than 6 inches. Apply soil amendments and initial fertilizers as specified. Remove high areas and fill in depressions. Till soil to a homogeneous mixture of fine texture, free of lumps, clods, stones, roots and other extraneous matter. ' 1. Prior to preparation of unchanged areas, remove existing grass, vegetation and turf. Dispose of such material outside of Owner's property. Do not turn existing vegetation over into soil being prepared for lawns. 2. Allow for sod thickness in areas to be sodded. 3. Apply specified commercial fertilizer at rates specified and thoroughly mix into upper 2 ins. of topsoil. Delay application of fertilizer if lawn planting will not follow within a few days. a. "Schedule of Planting Soil Mixture Requirements" indicating required rate of fertilizer application, is attached at end of this section. C. Fine grade lawn areas to smooth, even surface with loose, uniformly fine texture. Roll, rake, and drag lawn areas, remove ridges and fill depressions, as required to meet finish grades. Limit fine ... grading to areas which can be planted immediately after grading. D. Moisten prepared lawn areas before planting if soil is dry. Water thoroughly and allow excess surface moisture to dry before planting lawns. Do not create a muddy soil condition. E. Restore lawn areas to specified condition, if eroded or otherwise disturbed, after fine grading and prior to planting. 3.04 PREPARATION OF PLANTING BEDS A. Loosen subgrade of planting bed areas to minimum depth of 6 inches using a culti-mulcher or similar equipment. Remove stones measuring over 1 1/2 inches in any dimension. Remove sticks, stones, rubbish, and other extraneous matter. B. Spread planting soil mixture to minimum depth required to meet lines, grades, and elevations shown, after light rolling and natural settlement. Place approximately 1/2 of total amount of planting soil required. Work into top of loosened subgrade to create a transition layer, then place remainder of the planting soil. C. Dig beds not less than S inches deep and mix with specified soil amendments and fertilizers. D. Remove & inches to 10 inches of soil and replace with prepared planting soil mixture. 02900 - 5 -1A 3.05 EXCAVATION FOR TREES AND SHRUBS A. Excavate pits, beds, and trenches with vertical sides and with bottom of excavation slightly raised at center to provide proper drainage. Loosen hard subsoil in bottom of excavation. 1. For bare root trees and shrubs, make excavations at least 12 inches wider than root spread and deep enough to allow for setting of roots on a layer of compacted backfill and with collar set at same grade level as in nursery, but 1 inch below finished grade at site. a. Allow for 9 inch setting layer of planting soil mixture. 2. For balled and burlapped (B&B trees and shrubs), make excavations at least half again as wide as the ball diameter and equal to the ball depth, plus following allowance for setting of ball on a layer of compacted backfill: a. Allow for 3 inch thick setting layer of planting soil mixture. 3. For container grown stock, excavate as specified for balled and burlapped stock, adjusted to size of container width and depth. B. Dispose of subsoil removed from planting excavations. Do not mix with planting soil or use as backfill. C. Fill excavations for trees and shrubs with water and allow water to percolate out prior to planting. 3.06 PLANTING TREES AND SHRUBS A. Set balled and burlapped (B&B) stock on layer of compacted planting soil mixture, plumb and in center of pit or trench with top of ball at same elevation as adjacent finished landscape grades. Remove burlap from sides of balls; retain on bottoms. When set, place additional backfill around base and sides of ball, and work each layer to settle backfill and eliminate voids and air pockets. When excavation is approximately 2/3 full, water thoroughly before placing remainder of backfill, Repeat watering until no more is absorbed. Water again after placing final layer of backfill. B. Set bare root stock on cushion of planting soil mixture. Spread roots and carefully work backfill around roots by hand and puddle with water until backfill layers are completely saturated. Plumb before backfilling and maintain plumb while working backfill around roots and placing layers of soil mixture above roots. Set collar 1 inch below adjacent finish landscape grades. Spread out roots without tangling or turning up to surface. Cut injured roots clean; do not break. C. Set container grown stock, as specified, for balled burlapped stock, except cut cans on 2 sides with an approved can cutter; remove bottoms of wooden boxes after partial backfilling so as not to damage root balls. D. Dish top of backfill to allow for mulching. E. Mulch -pits, trenches, and planted areas. Provide not less than following thickness of mulch, and work into top of backfill and finish level with adjacent finish grades. I. Provide 4 inches thickness of mulch. F. Apply anti -desiccant, using power spray, to provide an adequate film over trunks, branches, stems, twigs and foliage. I. If deciduous trees or shrubs are moved when in full -leaf, spray with anti -desiccant at nursery before moving and spray again 2 weeks after planting. G. Prune, thin out, and shape trees and shrubs in accordance with standard horticultural practice. Prune trees to retain required height and spread. Unless otherwise directed by Landscape Architect, do not cut tree leaders, and remove only injured or dead branches from flowering trees, if any. Prune shrubs to retain natural character. H. Remove and replace excessively pruned or misformed stock resulting from improper pruning. I. Wrap tree trunks of 2 inches caliper and larger. Start at ground and cover trunk to height of first branches and securely attach. Inspect tree trunks for injury, improper pruning and insect infestation and take corrective measures before wrapping. J. Guy and stake trees immediately after planting, as indicated. 3.07 SODDING NEW LAWNS A. Lay sod within 24 hours from time of stripping. Do not.plant dormant sod or if ground is frozen. 02900 - 6 1A B. Lay sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod strips; do not overlap. Stagger strips to offset joints in adjacent courses. Work from boards to avoid damage to subgrade or sod. Tamp or roll lightly to ensure contact with subgrade. Work sifted soil into minor cracks between pieces of sod; remove excess to avoid smothering of adjacent grass. I. Anchor sod on slopes with wood pegs to prevent slippage. C. Water sod thoroughly with a fine spray immediately after planting. 3.08 PLANTING GROUND COVER A. Space ground cover plants as indicated or scheduled. B. Space ground cover plants not more than 12 inches o.c. C. Dig holes large enough to allow for spreading of roots and backfill with planting soil. Work soil around roots to eliminate air pockets and leave a" slight saucer indentation around plants to hold water. Water thoroughly after planting, taking care not to cover crowns of plants with wet soils. D. Mulch areas between ground cover plants; place 2 - 3" thick layer of coarse shredded wood mulch. Do not use wee barrier in ground cover beds. 3.09 MISCELLANEOUS LANDSCAPE WORD A. Install steel edging where indicated. Anchor with steel stakes spaced not more than 3 feet o.c., stake edging securely, in free flowing curves, set flush with adjacent sod and mulch. Kinks or mismatched edges are unacceptable. B. Place mulch beds where indicated. Compact soil subgrades before placing mulch. 1. Lay Mirifi or Tyrar or Landscape Architect approved equal geotextile weed barrier continuously over compacted subgrade prior to placing rock mulch.. 3.10 MAINTENANCE A. Begin maintenance immediately after planting. B. Maintain trees, shrubs, and other plants until final acceptance, but in no case, less than following period: 1. 30 days after substantial completion of planting, C. Maintain trees, shrubs, and other plants by pruning, cultivating, and weeding as required for healthy growth. Restore planting saucers. Tighten and repair stake and guy supports and reset trees and shrubs to proper grades or vertical position as required. Restore or replace damaged wrappings. Spray as required to keep trees and shrubs free of insects and disease. D. Maintain lawns for not less than the period stated below, and longer as required to establish an .� acceptable lawn. 1. Sodded lawns, not less than 30 days after substantial completion. E. Maintain lawns by watering, fertilizing, weeding, mowing, trimming, and other operations such as rolling, regrading and replanting as required to establish a smooth, acceptable lawn, free of eroded or bare areas. 3.11 CLEANUP AND PROTECTION A. During landscape work, keep pavements clean and work area in an orderly condition. B. Protect landscape work and materials from damage due to landscape operations, operations by other contractors and trades, and trespassers. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged landscape work as directed. —' 3.12 INSPECTION AND ACCEPTANCE A. When landscape work is completed, including maintenance, Landscape Architect will, upon request, make an inspection to determine acceptability. 1. Landscape work may be inspected for acceptance in portions as agreeable to Landscape Architect, provided each portion of work offered for inspection is complete, including maintenance. — 02900-7 ..w —'•— a n T Vr rVRI L.VLLINS a GVLORADOSTATE UNIVERSITY DIVISION 2 SITE WORK TRANSIT CENTER, PHASE -1A SECTION 02900 - LANDSCAPE WORD COOVER-CLARK & ASSOCIATES, P.C. B. When inspected landscape work does not comply with requirements, replace rejected work and continue specified maintenance until reinspected by Landscape Architect and found to be acceptable. Remove rejected plants and materials promptly from project site. END OF SECTION 02900 - 8 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned G. L. Hoff_ Company as Principal, and _ Emulovers Mutual Casualty Company as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ 57 of total bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying. Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE 1A; Bid No. 5823. 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 1 Section 00410 Page 2 ,IFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNWERSITY YORK TRANSIT CENTER PHASE -1A -- LANDSCAPE PROTECTION COOVER-c LARIf & ASSOCIATES. P.C. 1GENERAL 1.1 GENERAL SITE PROTECTION A. Protect all existing development on site and on adjacent -properties ° including existing trees and shrubs, turf, soil, buildings, equipment, underground utilities, walls, fences, sidewalks, paving, curbs, etc. that are not noted for removal. Trees are easily rendered hazardous by uncontrolled construction work around them. Any existing site development damaged by willful or negligent acts of the Contractor or any of his employees shall be replaced or repaired at no expense to the Owner and in a manner satisfactory to the Owner's Representative before project acceptance is given. 1.2 SITE PROTECTION MATERIALS A. Fencing: Pour foot orange plastic construction fencing. B. Stakes: Metal T-posts, 5 to 7 foot long. C. Plywood: 3/4" x 4' x 8' sheets. 1.3 SITE PROTECTION EXECUTION A. Tree protection: Prior to construction/excavation, all existing trees shall have a fence erected that protects the area within the dripline of the tree. The dripline is defined as the area on the ground covered by the spread of branches. All existing shrubs shall have a fence erected along the outside perimeter of the shrub beds to protect the plants within.. B. Construction staging should take place in paved areas. If staging takes place within green space a fence shall be erected around the boundary of the staging area, outside the dripline of all trees and shrub bed areas. Contact CSU Grounds Department irrigation personnel to arrange for any "— necessary sprinkler zone shutoff at least 48 hours prior to construction work. C. No vehicles, equipment or materials shall be parked or stored within the dripline of any tree or shrub bed areas that are to be protected in place. D. No stock piling of excavated soil may take place within the dripline of existing trees or shrub bed areas that are to be protected in place. E. Do not attach any signs to trees. F. If there is limited space on the site, and passage beside a tree is necessary, a bridge is to be constructed over the root.zone. Protect trunks of trees with 2"x4" boards tied vertically around trunk. G. When raising or lowering the grade around an existing tree, a dry well or retaining wall is required. 02950- 1 TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 2 SITE WORD TRANSIT CENTER PHASE -1A SECTION 02956 - LANDSCAPE PROTECTIONCOOVER-CLARK & ASSOCIATES, P.C. H. Trenching should not be done within the dripline of a tree. See Table 1 below for guidelines. If a trench cannot be routed around a tree, tunnel under it. Facilities Management Grounds Department prior to construction must approve any trenching and tunneling: Trenching of more than 50% of the supporting roots will render the tree unstable. I. When trenching occurs in an area containing tree roots, any severed roots must be cut smoothly with flush cuts and backfilled as soon as possible. TABLE 1: TREE SIZE MINIMUM UNDISTURBED MINIMUM DEPTH OF (Diameter in inches) RADIUS (from trunk face) TUNNEL/BORE less than 3" 3 feet 3 feet 3" through 8" 6 feet 3 feet 8. F' through 14" 8 feet 4 feet 14.1" through 20" 10 feet 4 feet 20.1" through 30" 15 feet 5 feet 30.1" through 40" 20 feet 5 feet END OF SECTION 02950- 2 METALS TRANSIT CENTER PHASE —!A_ The General Conditions, any Supplementary General Conditions and Division 1, General Requirements arehereby made a part of this section as fully as if repeated herein. I GENERAL 1.01 SCOPE: This section covers the furnishing of all materials, equipment and labor for the complete installation of metal ornamental fencing, complete. fII1?mil0 rlTi 11�.iZili7:��i lall4-01m3wifi:M-9:F A. Cast -In -Place Concrete: Refer to Section 03300. B. Painting: Refer to Section 09900, 1.03 SUBMITTALS: Furnish the following for the Architect's approval: A. Manufacturer's literature B. Shop Drawings C. Color samples 1.04 WARRANTIES: Materials and labor shall be warranted to be free of defects for a period of one year from date of installation. 1.05 MATERIAL HANDLING AND STORAGE: Equipment shall be stored in a dry, protected area. The general contractor shall protect the equipment, after installation, from subsequent operations until final inspection and acceptance by the Owner and Architect. 1.06 SYSTEM DESCRIPTION: The manufacturer shall supply a total ornamental metal fencing, system of the specified design. The system shall include all components (i.e., pickets, rails, posts, gates and hardware) required. 2 PRODUCTS 2.01 STEEL FENCING: Where shown on the drawings, fencing on site shall be fabricated from coil steel having a minimum yield strength of 50,000 psi in the configuration as shown on drawings. The steel shall be galvanized to meet the requirements of ASTM A526.. Miter and weld, grind smooth, and paint all joints. 2.02 FABRICATION: _ A. Pickets, rails, and posts shall be precut to specified lengths. Miter and weld, grind smooth, and paint alljoints. B. Completed sections (i.e., panels) shall be capable of supporting a 600 lb. load applied at midspan without permanent deformation. - C. Vertical supports shall be spaced equally but not to exceed 8'-0" o.c. Miter and weld, grind smooth, and paint all joints. 2.03 ACCEPTABLE MANUFACTURERS A. BOUNDARY FENCE & RAILING SYSTEMS, Richmond Hill, NY. (800)628-8928 �. 1. Royal 3-rail style. B. HOOVER FENCE CO., Newton Falls, OH. (330)358-2335 i. Style #19 C. AMERISTAR, Tulsa, OK. (800)321-8724 1. Majestic Style D. Any equal alternates must be approved in writing by Architect 10 days before the bid date. 3 EXECUTION 05526-1 .. r- 4 rW A me �i+w TRANSIT CENTER CMaJIeW�M¢utA urrw� ��uw� 3.01 PREPERATION: All new installation shall be laid out by contractor in accordance with the construction plans. 3.02 INSTALLATION: Fence and gate posts shall be spaced according to the openings as specified in the construction plans. The "Earthwork" and "Concrete". sections of this specification shall govem post base placement and material requirements. 3.03 FINISHING: A. Fence assemblies shall receive paint coats as specified in Section 09900. B. The contractor shall clean the jobsite of excess materials; post hole excavations shall be scattered uniformly away from posts. END OF SECTION 05526-2 The General Conditions, any Supplementary General Conditions and Division 1, General Requirements are hereby made a part of this section as fully as if repeated herein. — 1 GENERAL 1.01 SCOPE: This section covers the furnishing and application of all materials as required to complete all painting and finishing of surfaces, complete. The following list of items to be finished under this section, in general, are: A. Painting of all exterior exposed ferrous and galvanized surfaces, including items of miscellaneous ferrous metals, exposed piping and equipment in conjunction with electrical work, and concrete block. B. Painting of all interior exposed ferrous and galvanized surfaces except as noted in paragraph 1.03, gypsum wallboard, acoustical wall panels, carpentry and millwork, metal doors, pressed steel frames, wood doors, items of miscellaneous ferrous metals, and concrete block. 1.02 ITEMS RELATED WITH PAINTING INCLUDED IN OTHER SECTIONS: A. Section 05526- Metal Ornamental Fencing 1.03 ITEMS AND AREAS NOT REQUIRING PAINTING AS PART OF THE WORK OF THIS SECTION: A. Exterior site concrete surfaces, unless noted otherwise. B. Concealed structural steel. _ C. Aluminum and brass. D. Factory finished items (except prime coat only). „ 1.04 COLORS AND SAMPLES: Colors shall be determined by CSU colors shall be standard colors, intermixes or let -downs, and the Contractor shall mix colors as required to match approved samples. The Contractor shall prepare and finish in triplicate, on chips approximately 8" x 10" in size, dry specimens for the approval of CSU. In all instances, specimens shall be on the same type of material as that on which it is to be used. 2 PRODUCTS 2.01 SUBSTTTUTIONS: The painting formulas are based on the products of Benjamin Moore.. Other manufacturers are Sherwin Williams, Pratt & Lambert, Glidden, PPG Paint Co., and Devoe Paint Co., or those approved by the Architect. 2.02 PAINTING SCHEDULE: The following paint formulations are based on products of Benjamin Moore & Company, and are intended to establish type and quality which will be required on various materials. The surfaces listed in the painting schedule shall receive the surface preparation, paints and number of coats prescribed. Piping shall not be painted until the piping has been tested and approved. Federal — Specifications listed are included as generic standards for coatings intended for use. A. Exposed exterior metals: 1" coat: Primer by manufacturer. _ 2nd coat: IronClad Alkyd Low Lustre Benjamin Moore #163 or equal. Yd coat: #185 Moorecraft Super Spec Low Lustre or equal. 4" coat: Same as second coat 3 EXECUTION 3.01 CLEANING.AND PREPARATION OF SURFACES: Hardware, hardware accessories, machined surfaces, plates, lighting fixtures, and similar items in contact with painted surfaces and not to be painted shall be removed, masked, or otherwise protected prior to surface preparation and painting operations. Surfaces to be painted shall be clean before applying paint or surface treatments. 3.02 PAINT APPLICATION: The finished surface shall be free from runs, air bubbles, drops, ridges, waves, laps, brush marks, and variations in color, texture, and fmish. The hiding shall be complete, and each coat TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS & COLORADO STATE UNIVERSITY DIVISION 9 -FINISHES TRANSIT CENTER PHASE -1A SECTION 09900 - PAINT COOVERCLARK & ASSOCIATES, P.C. shall be so applied to produce film of uniform thickness. Special attention shall be given to insure that.all surfaces including edges, comers, crevices, welds, and rivets receive a film thickness equivalent to that of adjacent painted surfaces. Adjacent areas and installation shall be protected by the use of drop cloths or other approved precautionary measures. Sufficient time shall elapse between successive coats to permit proper drying. 3.03 CLEANING: Cloths and cotton waste that might constitute a fire hazard shall be placed in closed metal containers or destroyed at the end of each day. Upon completion of the work, staging, scaffolding, and containers shall be removed from the site. Paint spots, oil or stains upon adjacent surfaces'shall be removed and the entire job left clean and acceptable. END OF SECTION 09900 - 2 No Text APPENDIX A No Text APPENDIX A July 2002 Pavements 412.1.3 Tinina Plan Ensure that the Contractor's Tining Plan has been approved. 412.1.4 Process Control Plan Verify that the Contractor's Process Control Plan has been submitted and approved. The Process Control Plan will document the Contractor's proposed sampling and testing procedures for quality control of pavement thickness. It shall address the sampling and testing method and frequency for traffic lanes, shoulders, intersections, entrances, and crossovers. Use the Process Control Plan to verify conformance of quality control by the Contractor. 412.1.5 Pre -Paving Conference/Communications Discuss project requirements and sequence of operations with the Contractor at the Pre - Paving Conference (see Section 400.1.1). Establish and maintain communications with Contractor personnel (e.g., Superintendent, Foremen, Material Testing Supervisor, Certified Weigher). During the paving operation, communication between the plant and the paving site is invaluable to effect needed adjustments to the mix and ensure quality. 412.1.6 Equipment Considerations Verify the acceptability of the number and type of equipment supplied by the Contractor. Consider the following: 1. Haulina/Placing Equipment. Check the acceptability of haul trucks, spreading, strike -off, consolidation, and finishing equipment for the particular method of paving used (i.e., fixed -form or slip form paving). 2. Load Transfer Devices/Bars. Check the location and operation of equipment used to place load transfer devices and bars. r�� (1) C IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 5th day of November , 20 03, 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: G. L. Hoff Company Address: 1815 W. 12th St. Loveland 80537 By: Title: (SEAL) u SURETY Employers Mutual Casualty Company P.O.. Box 370010 Denver, CO 80237 By: Title: Attorney -in -Fact (SEAL) 7/96 Section 00410 Page 3 l Pavements July 2002 3. Vibrators. Check vibrators for conformance with respect to specified type, diameter and spacing. Frequency of vibrators should be tested and documented. 4. Test Bridge. Verify the acceptability of the test bridge provided for CDOT personnel. 5. Joint Sawinq Equipment. Check that extra saws, blades, and lighting equipment have been provided to continue joint sawing sufficiently to control cracking. 6. Curing Equipment. Verify that standby equipment has been provided for the curing operation in the event of a mechanical breakdown. 7. Tininglfexturing Eguipment. Check the acceptability of the tining machine and the equipment needed for surface texturing. 8. Concrete Protection. Check that the Contractor has available the tools and materials necessary to protect the concrete from cold and wet weather damage. 9. Profilograph. Check that the profilograph has been calibrated as specified. 412.1.7 Utilities Verify that the manholes, inlets, and utilities that will be incorporated into the pavement are properly located and marked. 412.1.8 Subgrade/Base Preparation Check that the subgrade/base has been constructed to the required grade and cross- section and compacted to the required density. Ensure that high or low spots and soft or muddy spots have been properly corrected. The final grade must be in a smooth and non -frozen condition. Where the prepared grade is untreated, verify that the material is maintained in a moist condition just ahead of the paver without forming mud or pools of water. Intermittent sprinkling may be required. 400-43 (2) .. APPENDIX A July 2002 Pavements 412.1.8.1 Fixed -Form Considerations For fixed -form paving operations, consider the following guidelines: 1. Rail Forms. Verify rail forms for conformance with respect to dimensions and condition. Rails should be clean and in good repair. Reject damaged forms. 2. Limits of Trimming. Check the limits of trimming beyond the width of the forms. This area will be used as a track path for finishing, curing, and tining equipment. 3. Foundation. Verify that the rail foundation is uniform and properly compacted. The foundation must support the operation so that the top face of the rails remains flush with the final -pavement surface without moving. 4. Rail Movement. Verify rails are secured with stakes and locked pins. Check for movement in any direction. Visible springing, or settlement is unacceptable. 5. 011ing. Ensure that the forms are thoroughly cleaned and coated with oil or other approved release agents. 6. Resetting/Removal. Require resetting of unacceptable forms. The forms should not be removed until the concrete has set sufficiently to hold the edge of the slab. 412.1.8.2 Slip -Form Considerations For slip -form paving operations, the Contractor shall adjust the automatic alignment and elevation controls to spread, consolidate, screed, and finish the concrete in a single pass. 400-44 (3) APPENDIX A Pavements July 2002 412.2 REINFORCEMENT AND JOINT CONSIDERA71ON'3 There are many factors that the Project Inspector should consider with respect to the provisions for reinforcement and joint construction. Consider the guidelines in the following Sections. 412.2.1 Reinforcina"Steel Where reinforcing steel is specified, check the reinforcement for conformance with respect to material type and condition. Verify that the Contractor properly stores the reinforcing steel without damage or degradation. Pay particular attention to the storage and handling of epoxy coated bars. Require repair or replacement of the epoxy coated' material, as needed. Verify the acceptability of the placement operation. Check the method of securing bars and the depth and location of placement. Observe the consolidation` operation for evidence of unacceptable bar movement. Vibrators must not come into contact with reinforcement. 412.2.2 Construction Joints Use the following guidelines to inspect longitudinal and transverse construction joints: -- 1. Longitudinal Construction Joints. Where longitudinal construction joints are built, check the following for conformance: a. Location. Check that longitudinal construction joints are properly located, -- especially with respect to lane lines. b. Keyways. Verify the correct installation of keyways. It is preferable to construct female keyways. C. Tie Bars. Where tie bars are specified, verify the diameter and length of the epoxy coated bars for conformance. Observe the insertion operation for proper location and spacing of bars. Ensure that the Contractor 400-45 (4) APPENDIX A July 2002 Pavements demonstrates, by.testing, the required pullout resistance where tie bars are stabbed or drilled and epoxied into place.. 2. Transverse Construction Joints. Verify that transverse construction joints are properly located and constructed. Check to ensure the location of joints for conformance with minimum spacing requirements. 412.2.3 Weakened Plane Joints Use the following guidelines to inspect longitudinal and transverse weakened plane joints: 1. Longitudinal Weakened Plane Joints. Where longitudinal weakened plane joints are constructed, check the following for conformance: a. Location. Check that longitudinal weakened plane joints are properly located, especially with respect to lane lines. b. Tie Bars. Where tie bars are specified, verify the diameter and length of the epoxy coated bars. Check that the bars are inserted by an approved method ahead of the vibration operation. Observe the insertion operation for proper location; depth, and spacing of bars. C. Sawing. Check the dimensions of saw cuts. Ensure that the sawing is completed at the proper time to prevent random cracking and raveling. 2. Transverse Weakened Plane Joints. Where transverse weakened plane joints are constructed, check the following for conformance: a. Location. Check that transverse weakened plane joints are located as designated on the Contract Plans. b. Load Transfer Devices. Verify that dowels conform to the specified type, diameter, and length of material. Check that the shipping brace is cut and 400-46 (5) APPENDIX A Pavements July 2002 that the assembly is firmly secured to the subbase as required. Check welding to ensure that only one end is welded. Check the tolerance of placement for acceptability with respect to location, depth, and spacing. Ensure that the Contractor marks the center of the dowel assembly on both sides of the slab for reference by the saw crew. Verify dowel lubrication for confonrance. Ensure that joints in widening and shoulders align with those in the adjacent slab. - The Project Inspector should do quality assurance to ensure the' location of the dowels in the plastic pavement behind the paver. C. Sawing. Check the dimensions of the saw cuts for conformance. Ensure that the sawing is completed at the proper time to prevent random cracking and raveling. If uncontrolled cracking is observed, verify that the Contractor moves the sawing operation ahead. and then returns to saw the joints that were skipped. 412.2.4 Expansion Joints Check that transverse expansion joints are properly constructed at the locations specified. Verify that preformed joint filler material is placed at all structures, manholes, inlets, and other projections into the pavement. 412.3 PLACEMENT AND CONSOLIDATION OPERATION 412.3.1 Moistening of Grade Just ahead of the placement operation, verify that the grade is kept moist without creating standing water or soft spots. Additional sprinkling of the grade may be required throughout the day, especially during hot, dry, and windy conditions. -- 400-47 (6) APPENDIX A July 2002 Pavements 412.3.2 Haulina and Delivery Considerations For each load, retain the delivery ticket and check that the required information is provided. Check the mix for acceptability. The mix should be visually similar from load to load with respect to uniformity and consistency (i.e., slump). Pay particular attention to signs of segregation,�and verify that the mix temperature is within acceptable limits. Ensure that molds for strength tests are cast as required and that air and slump tests are performed as specified. Verify that the concrete is completely discharged within the required time limits, .especially from non -agitating trucks. When water is added to truck mixers, record the additional quantity, verify the water -cement ratio and record the number of mixer revolutions before discharge. Pay particular attention to any unacceptable movement of joint and reinforcement materials when the concrete is deposited. 412.3.3 Spreading and Strike -Off Considerations Concrete shall be deposited uniformly over the base ahead of the strike -off operation. Concrete should be placed so that minimal rehandling is necessary. Where hand methods are needed, verify that shovels, not rakes, are used. Workers with muddy boots should not be permitted to walk through the freshly placed concrete. Ensure that any footprint areas are properly vibrated. 412.3.4 Vibration Considerations The concrete should be vibrated across the full width of the slab. Observe consolidation and require any needed frequency adjustments. When the equipment train halts, verify that vibrators are shut off. If any vibrator malfunctions, halt the operation until it can be effectively repaired or replaced. Verify that hand-held vibrators are used to consolidate concrete adjacent to forms and joint assemblies. 400-48 (7) APPENDIX A Pavements July 2002 412.4 SURFACE FINISHING OPERATION 412.4.1 Floatinq Considerations After the concrete has been placed, struck off, and Consolidated, the floating operation will begin. Hand floating is only permittedto finish areas inaccessible to finishing equipment (e.g., narrow widths, irregular shapes) and for short periods where finishing equipment breaks down. The Contractor should not use the CDOT'test bridge for the finishing operation. Verify the grade and cross-section of the floated surface for conformance. Check for surface irregularities and enforce the Contract provisions with respect to stopping work and correcting surface defects. Check the edge for rock pockets and edge slump. A consistent concrete slump will promote a consistent' slab edge. 412.4.2 Addina Water to Surface The Contractor shall not be permitted to add water to the surface for the purpose of — finishing the concrete. The intent is to ensure that the concrete placed 'will be high quality and durable. It is recognized, however, that there may arise emergency situations where the surface becomes dry and difficult to finish, as evidenced by tearing. In these unique cases, the Project Engineer may approve the application of water as a fog spray using' atomizing nozzles. The quantity of atomized water should be just enough to restore the -- sheen of the surface. Examples of such emergency situations include: temporary breakdown of finishing equipment, temporary discontinuity in the production or delivery of concrete, and • rapid evaporation of surface moisture due to hot, dry, and windy conditions. The above guidelines are not intended to promote the widespread use of additional water on the surface during the finishing operation. However, where approved by the Project Engineer, document the rationale for employing this technique. 400-49 (8) APPENDIX A July 2002 Pavements 412.4.3 Surface Texturing: Verify that the surface is textured as specified. The Contractor shall not use the CDOT test bridge for this operation. Consider the following guidelines: 1. Plastic Turf/Burlap. Where plastic turf and burlap are used, verify that the dragging operation completely covers the surface and produces a uniform gritty texture. The drag material should be maintained dean and free of dry mortar. Require -replacement of the material as needed to ensure production of an acceptable texture. Burlap should be maintained in a moist condition during the operation; however, the quantity of added water shall not be enough to introduce additional water to the surface of the concrete. 2. Tinino. The concrete paving operation shall be immediately stopped and not resume until the problem has been resolved any time the tining is not: • parallel to the longitudinal joint, • uniform in depth and within the specification requirements, or • neat in appearance. Pay particular attention to the location and appearance of the tining being done by hand on small pours. Tining shall be accomplished by mechanically operated equipment with horizontal and vertical controls to ensure the tining is parallel to the centerline and uniform in depth. 412.4.4 Stationina Verify that stations are imprinted on the pavement surface at the specified locations. 412.4.5 Rumble Strips Verify that nimble strips are placed where specified (e.g., deceleration lanes, ramps, shoulders). Check the size, shape, depth, and orientation of the strips for conformance. 400-50 (9) 1 APPE MIX A Pavements July 2002 412.5 CONCRETE CURING OPERATION immediately after finishing, check that the surface and edges are completely and uniformly sprayed with an approved impervious membrane material. Concrete shall not be exposed for more than 30 minutes before being covered with curing compound. Verify the rate of application for conformance. Edges and irregular areas will usually be sprayed by hand. Halt paving if operations are not balanced sufficiently to ensure timely and adequate`treatment.'Ensure that all membrane damaged within 72 hours of application is immediately repaired. The Contactor shall be adequately prepared to protect the pavement from rain and cold weather damage. Use strength tests to verify compressive strength before allowing equipment to operate on the new slab. 412.6 SLAB REPAIR WORK Know the conditions requiring repair work and the limits of removal and replacement. Coring should be used as needed to verify questionable areas. Enforce the Contract _. provisions with respect to repairing deficient areas. Verify that spalled joints and cracks are corrected as specified. 412.7 SURFACE SMOOTHNESS TESTING .. After the concrete has cured sufficiently to support the smoothness testing operation, test the pavement (i.e., mainline, shoulders, ramps) according to the method specified. -� Consider the following guidelines: 1. Profilouraph. The profilograph must be operated by Contractor staff in the presence of a CDOT Project Inspector. Both must be properly trained in the use of the profilograph. Retain a copy of the letter certifying operator training, and verify horizontal and vertical calibration. Know the following requirements: • timing of the operation, • daily profile index requirements, ^ • limits of profiling with respect to joints and overlaps, 400-51 (10) APPENDIX A July 2002 Pavements • procedures for obtaining profile traces, and • information required on profilograms. For each run, immediately obtain and forward the profilogram to the Project Engineer for review and evaluation. The Project Engineer will prepare and forward to the Contractor and Project Inspector a report documenting the daily average profile index, section profile index, and irregular and defective areas. 2. Straightedge. The straightedge method performed by the Contractor will be employed in areas not requiring testing by the profilograph method. Observe the operation, watch for surface irregularities, and ensure that the surface is within allowable tolerance. 3. Corrective Work. Check that corrective work is performed where needed to bring the surface to within allowable tolerance. High spots shall be corrected by grinding the final surface. Corrective work must be completed prior to testing the thickness of the pavement. Once the corrective work is completed, recheck the acceptability of the corrected final surface with respect to tolerance, texture, skid resistance, and appearance. Joint sealant damaged by grinding shall be removed and replaced. 412.8 JOINT SAWING AND SEALING 412.8.1 Sawing Operation Verify that the location of cuts that are sawed over load transfer devices are within specified tolerance. On the same day joints are to be sealed, verify that the saw cuts are properly cleaned and that all residue is removed from the joint reservoir and surface (e.g., flushing with water, sandblasting, compressed air). 400-52 No Text APPENDS A Pavements _ July 20t)2 412.8.2 Sealinct Ooeratian The sealing operation will begin after completion of all corrective work, joint sawing, and curing. immediately prior to placement of the backer rod and sealant material, verify that the joint reservoir is further cleaned with compressed air. Pay particular attention to any oil or moisture that may be blown into the cavity. This will' prevent the sealant from bonding with the walls of the reservoir. Require additionalcleaning as needed: The — sealing operation should not be conducted during wet weather conditions or when the ambient temperature falls below the manufacturer's recommendations. Verify that the sealant material is properly stored, prepared, and heated prior to application. Check the acceptability of the installed backer rod and sealant material (e.g., depth, height in relation to slab surface). Require the Contractor to clean any sealant material that may have smeared on the pavement surface. 412.9 PAVEMENT THICKNESS DETERMINATION Ensure that the Contractor's coring operation conforms with the requirements of the Contract Specifications and the Contractor's Process Control Plan (see Section ^ 412.1.4). Pay particular attention to the frequency of coring required for the mainline, shoulders, intersections, and miscellaneous areas. Verify that the Contractor documents daily thickness measurements. Acceptance tests must be witnessed by the Project Inspector and will be based on the length of core samples measured at the time the cores are taken by the Contractor. Determine the average length of cores and require additional coring as specified for deficient areas. Enforce the provisions of the Contract with respect to any needed price adjustments and the removal and replacement of unacceptable slabs. Verify that the Contractor properly fills all core holes left in the -� pavement. 412.10 TRAFFIC CONSIDERATIONS Where appropriate, ensure that the Contractor provides adequate maintenance of traffic through the construction zone (e.g., crossovers for construction equipment and public vehicles). Construction traffic should not be permitted on the pavement until the sawing 400-53 (12) "PLNDI% A s July 2002 Pavements and sealing operation has been completed. The pavement shall not be opened to traffic until the test specimens obtained during the placement of the concrete indicate that the pavement has reached its minimum specified strength. 400-54 (13) APPENDIX A Pavements July 2062 SECTION 420 GEOSYNTHETICS 420.1 PRELIMINARY CONSIDERATIONS Geosynthetics (e.g., geotextiles, geogrids, geomembranes) are specified for many types of applications. For the material to function as intended, it is important that the specified type of material be furnished and properly placed. Before the application of geosynthetics, consider the following guidelines: 1. Contract Plans and Specifications. Review the Contract, including Special Provisions, with respect to the type of application, limits of treatment, and material, construction, measurement, and payment requirements. 2. Material Considerations. Various types of geosynthetics are available for different applications. Check the material delivered for conformance. 3. Geosvnthestic Technician. Where required for paving applications, verify that a technician from the geotextile supplier is present for technical advice. 4. Surface PreparatioNTearina Considerations. Pay particular attention to the surface upon which the geosynthetic will be placed. The surface should be reasonably smooth to a grade that conforms to the intended application. Observe the surface for items that could tear the material. In addition, the cover material should be placed carefully to avoid ruptures and tears. 420.2 INSPECTION GUIDELINES 420.2.1 Paving Applications Geotextiles are typically used in paving applications for crack reduction. Consider the following guidelines: 400-55 (14) APPENDIX A July 2002 Pavements 1. Surface Preparation. Before the material is laid, verify that the surface is properly cleaned. Power brooms are generally used for this purpose. 2. Asphalt Cement Binder. After cleaning and before the fabric is laid, check that the asphalt cement is applied at the specified temperature and rate. 3. Fabric Placement. Immediately after the application of asphalt cement, the fabric should be laid. Verify that the geotextile fabric is placed within the limits of the Contract Plans with proper overlaps at joints and without wrinkles or tearing. No more fabric that which can be covered by a subsequent bituminous mix course should be applied during the work day. 4. Traffic Considerations. To avoid damage, check to ensure that equipment does not park or make sudden starts, stops, or short turns on the fabric. Traffic on the fabric should be minimal. 420.2.2 Impervious Lining Applications Geomembranes are typically used for impervious lining applications. Check to ensure that the geomembrane is loosely laid to avoid rupture and that wrinkles are smoothed where practical. Verify that field lap joints are properly placed and that the joint contact surfaces are cleaned and treated with bonding adhesive as specified. Enforce the provisions of the Contract with respect to any needed repairs. 420.2.3 Erosion Control and Drainage Applications Geotextiles are typically used for erosion control and drainage applications. The manner in which the geotextile is laid should minimize displacement of the fabric by water. Check that the fabric is loosely laid in the direction of water flow and anchored as required. Verify that trenching is placed at the top of slopes where designated on the Contract Plans. Check joint overlaps and sewn seams for conformance. 400-56 (15) AEPENDIX A Pavements July 2002 420.2.4 Subamde Applications Geotextiles and geogrids are typically used in subgrade applications. Prior to placement, inspect the prepared surface for acceptability. Consider the following; guidelines: 1. Fabric Placement: The fabric should be placed in the direction of construction traffic in a relatively stretched condition without wrinkles or folds and secured as specified. Folds that are in the direction of construction traffic are acceptable on curvedsections.' Do not allow the fabric to be dragged across the subgrade. Verify overlaps at joints for conformance -and inspect the fabric for damage prior to placement of cover material. Enforce the Contract provisions with respect to any needed repairs. 2. Cover Placement/Compaction. Verify that the placement, grading, and compaction operation for the first lift of cover material conforms to specified requirements. Watch for damage to the fabric caused by the compaction operation and ensure that needed repairs are made. ` 3. Traffic Considerations. Enforce the provisions with respect to equipment traffic (e.g., minimum thickness of cover, type and weight limitations). In general, equipment should not make turning movements on the first lift of compacted cover. Watch for fabric damage and subgrade rutting and ensure that any needed repairs are made. 420.2.5 Landscape Applications - Geotextile fabric is typically used for weed barriers in mulched landscape applications. Prior to placement, verify that the soil has been properly prepared and graded. Check to ensure that the fabric is placed loosely, lapped in the direction of waterflow, and anchored as required.` Where designated on the Contract Plans, verify check slots are provided at the top of slopes. Also check for the installation of metal landscape borders where required. 400-57 (16) � � 1 ' � �_ � No Text O a r APPENDIX B .. y o b O 45 V� E-+ tEIJ FIB ° w A a W t- &!� <o U o o cn C6 O vJ O O gtw)g 4. ° y �� Q + w 3 E-� N S o F F r ii Y p y yy�y `•'r�y{� �y� Ir V �� V ,� Y � •--1 ( � � •--1 4I {Q FAQ V �.y d •--� •-� O� 01 O vl r N 00 O vl �o �o %O �o �o r 00 O\ C. O- .-. cV N N N N N N N N M g V d' a. o0 00 00 00 00 00 ON O, ON m ON Cl, M a% rn rn rn rn rn rn m m ON ON m � :�. ooC7��o �O�b� Erb 13. O U .0 aawc� � 3 xaw nu-)c.dW4 04 ^. N M in �o 00 M C> .-. N Cl ^• N M It Vl �o r 00 M O .r N N N N N N N N N N N N M k 0 t u m u5 (1) G 00 0 00 0 0 APPENDIX B 00 8.11K Qj eq 4. U a N w °.� Dco. 5 .s Fa y p a� 42 w by a� ON a w UU- _a 04 00 FU V7 N it 00 •.' .ti mil U i.a U U f"�. •� G 41id 0- � -g� o 0 ao 3a0 40 �Q g � b a I F a N 0 ?VVVyyy bid vy ?�?1 N N `��{SSSYYYyyyiii .P R tC .. ' '" 0 (2) APPENDIX C SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM 7/96 SUBCONTRACTOR Section 00430 Page 1 No Text APPENDIX C 8 0 h 0 0 O n � o• LL v o o0 �.06 w � a� •fig � „� � Nw° U o tti o o o a WK � a $ tib � o Ns�,� as W w� ti-0 dry ,ej q 4'C o b �? O V�j ' t �• vOi G j R O i3S A tl y ^^a F y q1 y y m N Oq H � � � '� ,� �. vN•, api b K � '� � '.�. � •may. � H 5 .� ^� .4 F�1 •,'�� C tV N .'�. W ,cy O •� tad •-� b a N }AV. $N, 0 W tl o a 0 b o �` �/ d W 17 •CJ td �+ Ci A. a'�. O O a7 .D (1) APPENDIX E. (2) APPENDIX D No Text F7 GEOTECHNICAL ENGINEERING REPORT PROPOSED CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER SOUTH OF W. PLUM, EAST OF LAGOON, AND NORTH OF LORY STUDENT CENTER FORT COLLINS, COLORADO TERRACON PROJECT NO.20015282 JANUARY 31, 2002 i . Prepared for: CITY OF FORT COLLINS - FACILITIES P.O. BOX 580 117 NORTH MASON STREET FORT COLLINS, COLORADO 80524 ATTN: MR. STEVE WHITE Prepared by: Terracon 301 North Howes Street Fort Collins, Colorado 80521 Irerr No Text January'31, 2002 1rerracon 301 N. Howes- P.O. Box 503 Fort Collins, Colorado 80521-0503 (970) 484-0359 Fax:. (970) 484-0454 City of Fort Collins — Facilities P.O. Box 580 117 North Mason Street Fort Collins, Colorado 80524 Attn: Mr. Steve White Re: Geotechnical Engineering Report Proposed City of Fort Collins and Colorado State University Transit Center Facility South of West Plum Street, East of Lagoon, and North of Lory Student Center Fort Collins, Colorado Terracon Project No. 20015282 Terracon has completed a geotechnical engineering exploration for the proposed City of Fort Collins and Colorado State University Transit Center Facility situated north of the Lory Student Center, south of West Plum Street, and east of the existing lagoon located on the Colorado State University's Main Campus, in Fort Collins, Colorado. This study was perform�,d in general accordance with our Proposal No. D2001438 dated December 18, 2001. The project as we understand will be constructed 'in two phases. The first phase will consist of the concrete paved areas for the bus lanes along with the bus shelters. The second, phase will include an addition to the existing Lory Student Center, of which plans have not been finalized at this time. The results of our engineering study, including the boring location diagram, laboratory test results, test boring records, and the geotechnical recommendations needed to aid in the design and construction of foundations, pavement, and. other earth connected- phases of _ this project are attached. Approximately 1 to 3-inches of asphalt pavement underlain by approximately 3 to 5-inches of aggregate road base material was encountered at the surface of Test Boring Nos. 2, 3, 4, 8, and 9. An approximate 6-inch layer of silty topsoil was encountered at the surface of Test Boring Nos. 1, 5, 6, and 7. The subsurface soils immediately underlying the pavement section and topsoil consisted of sandy lean clay fill material. Underlying the fill material was native sandy lean clay, silty sand, and silty sand with gravel extending to the depths explored and/or to the bedrock below. Sandstone/siltstone bedrock was Arizona ■ Arkansas ■ Colorado ■ Georgia N Idaho ■ Illinois ■ Iowa ■ Kansas ■ Kentucky ■ Minnesota ■ Missouri Montana ■ Nebraska 0 Nevada ■ New Mexico ■ Oklahoma ■ Tennessee ■ Texas ■ Utah Wisconsin R,Wyoming Quality Engineering Since 1965 Geotechnical trigineering Report _ Proposed Transit Center Terracon City of Fort Collins and Colorado State university Project No.20015282 encountered in Test Boring Nos. 5, 6 and 7 at approximate depths of 5 to 8-1/2 feet below existing site grades.. Groundwater was encountered in Test Boring Nos. 6 and 7 at approximate depths of 7 feet below existing site grades during initial drilling operations. The test boring holes were backfilled immediately after completion; therefore, stabilized water levels were not obtained. The results of our field exploration and laboratory,.testing completed for this study indicate that the soils and bedrock at the site have a low, to moderate expansive potential. The soils and/or bedrock at anticipated foundation bearing depths has moderate foundation .support capabilities. Based on the subsurface conditions encountered, the type of construction proposed for the Phase 2 portion of the facility (i.e. the addition to the Lory Student Center) and the anticipated wall and column loads being on the order of 1 to 4 klf and 50 to 200 kips, respectively, it is recommended.the building addition be supported on a grade beam and straight shaft pier/caisson foundation system. It is also recommended to support the lightly loaded bus shelter structures on a spread footing/deadman foundation system to resist uplift forces. Conventional slab -on -grade construction is _ feasible for the proposed structures . Other design and construction recommendations, based upon geotechnical conditiong;, are presented in the report. We appreciate being of service .to you in the geotechnical engineering phase of this project, .and are prepared to assist you during the construction phases as well. If you have . any questions concerning this report or any of our testing, inspection, design .. and consulting services please do not hesitate to contact us. Sincerely, TERRACON Gary L. ZE.I.T. I Geotechnical Engineer Copies to: Addressee (4) Coover-Clark & Associates (2): Mr. Dave Clark Huitt-Zolars, Inc. (1): Woody iii Manager TABLE OF. CONTENTS Letter of Transmittal.............................Page No. ...........................:.......... . INTRODUCTION............................................................................................ 1 - PROPOSED CONSTRUCTION...............:............................................:...............................2 SITEEXPLORATION......................................................:.....:..............................................2 FieldExploration., ....................................................................2 ..................................... YSITE CONDITIONS..:............................................................................................................3 SUBSURFACE CONDITIONS..............................................................................................4 Geology................................................................................................... 4 ................. . Soil and Bedrock Conditions......................................................... 4 .......................... Field and Laboratory Test Results........................................................................:. Groundwater Conditions............................:.................................................................5 ENGINEERING ANALYSES AND RECOMMENDATIONS........................................:..........6 GeQtechnica[ Considerations.......................................................................................6 Foundation Systems ........................... ............................................................. ............. 6 Lateral Earth Pressures .............................................. . ..............................................10 SeismicConsiderations ...................... .....:...............:......:.........................................11 _ Floor Slab Design and Construction..:...............:.......................................................11 Earthwork..................................................................................................................15 General Considerations....................................................................................15 SitePreparation...................................................................................:.........15 Subgrade Preparation... ............................................... 16 Fill Materials. and Placement............................................................................16 Excavation and Trench Construction............................................................... 17 Additional Design and Construction Considerations..................................................18 Exterior Slab Design and Construction..............................................................18 Underground Utility Systems.........................::....................—......_..................18 CorrosionProtection.........................................................................................18 SurfaceDrainage.............................................................................................19 GENERALCOMMENTS.....................................................................................................19 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. I. 2. 3. 4. 5 6. 7. 8. 10. Name of Bidder: G.L. Hoff Company Permanent main office address: 1815 West 12th Street, Loveland, CO 80537 When organized: January 1984 If a corporation, where incorporated: Colorado, October 1989 ' How many years have you been engaged in the contracting business under your present firm or trade name? 19 vears Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) Fish Creek Pedeatri�n Trail, Estes Park, $262,922. 12-2003 General character of Work performed b y your company: Coercial mmeneral contractor: com late the followin areas with our own forces: sitework concrete car entr roject management Have you ever failed to complete any Work awarded to you? no If so, where and why? Have your ever defaulted on a contract?_ �o If so, where and why? Are you debarred by any government agency? If yes list agency name. no 7/96 Section 00420 Page 1 Geotechnical Engineering Report Terracon Proposed Transit Center -- City of Fort Collins and Colorado State University Project No. 20015282 APPENDIX A Site Plan — Logs of Borings APPENDIX B — Laboratory Test Results APPENDIX C — General Notes Pavement Notes I - 1!i i �I i MY GEOTECHNICAL ENGINEERING REPORT PROPOSED CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER SOUTH OF W. PLUM, EAST OF LAGOON, AND NORTH OF LORY STUDENT CENTER 'FORT COLLINS, COLORADO TERRACON PROJECT NO.20015282 JAN UARY 31, 2002 INTRODUCTION Ten'acon has completed a geotechnical engineering exploration for the proposed City of Fort Collins and Colorado State University Transit Center Facility situated north of the Lory Student Center, south of West Plum Street, and East of the existing Lagoon located on the Colorado State University's Main Campus, in Fort Collins, Colorado. The site is located in the Northeast 1/4 of Section 14, Township 7 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado. The purpose of these services is to provide information and geotechnical engineering recommendations relative to: • subsurface soil and bedrock conditions • groundwater conditions • foundation design and construction • lateral earth pressures • floor slab design and construction • pavement design and construction - •. earthwork • drainage The recommendations contained in this report are based upon the results of field and laboratory testing, engineering analyses, and experience with similar soil conditions, structures and our understanding of the proposed project. 1 Geotechnical Engineering Report Terracon Proposed Transit Center _ City of Fort Collins and Colorado State university Project No. 20016282 PROPOSED CONSTRUCTION Based on available information provided, Terracon understands the project will consist of a new City of Fort Collins and CSU Transit Center Facility situated north of the Lory Student - Center, south of West Plum Street, and east of the existing lagoon. The project will include concrete paved drives and parking areas, bus shelters, and in the future an expansion to the Lory -Student Center. -The anticipated wall and column loads for proposed building addition/expansion are anticipated to be on the order of 1 to 4 klf and 50 to 350 kips, respectively. The bus shelters are assumed to be relatively lightly loaded 10-foot by 207foot open steel framed structures. SITE EXPLORATION The scope of the services performed for this project included a site reconnaissance by a geotechnical engineer, a subsurface exploration program, laboratory testing and engineering analyses. Field Explorgtion A total of 9 test borings were drilled on January 14, .2002 to approximate depths of 10 to 25- feet below existing site grades at the locations shown on, the Site Plan, Figure 1. Three of the test borings were located within the proposed Lory Student Center building .addition (Test Boring Nos, 5, 6, and 7). The remaining 6 test borings were located within proposed concrete paved areas and/or bus shelter locations. The borings were advanced with a truck -mounted drilling rig, utilizing 4-1/4 inch inside diameter hollow stem augers. The location of the test borings were pre -determined by the project architects/engineers. The borings were located in the field by pacing from existing site features and buildings. The accuracy of boring locations should only be assumed to the level implied by the methods used. Continuous lithologic logs of each boring were recorded by the geotechnical engineer during the drilling operations. At selected intervals, samples of the subsurface materials were taken by means of pushing thin -walled Shelby tubes, or by driving split -spoon samplers. Penetration resistance measurements were obtained by driving the split -spoon barrel into the subsurface materials with a 140-pound hammer failing 30 inches. The. penetration resistance 2 Geotechnical Engineering Report Proposed Transit Center Terraeon City of Fort Collins and Colorado State University Project No. 20015282 value is a useful index in estimating the consistency, relative density or hardness of the materials encountered. Groundwater conditions were evaluated in each boring at the time of site exploration. The test boring holes were backfilied immediately after completion; therefore, stabilized water levels were not obtained Laboratory Testing All samples retrieved during the field exploration were returned to the laboratory for observation by the project geotechnical engineer and were classified in accordance with the Unified Soil Classification System described in Appendix C. Samples of bedrock were classified in accordance with the general notes for Bedrock Classification. At that time, the fielddescriptions were confirmed or modified as necessary and an applicable laboratory testing program was formulated 'to determine engineering properties of the subsurface materials. Boring logs were prepared and are presented in Appendix A. Laboratory tests were conducted on selected soil and bedrock samples and are presented in Appendix W., The test results were used for the geotechnical engineering analyses, and the development. of foundation and earthwork recommendations. All laboratory tests were performed in general accordance with the applicable ASTM, local or other accepted standards. Selected soil and bedrock samples were tested for the following engineering properties: • Water Content Plasticity Index • Dry Density Consolidation • Compressive Strength • Grain Size SITE CONDITIONS • Water Soluble Sulfate Content Expansion • R-Value - The area for the proposed Lory Student Center addition is situated on the north and west side of the existing facility on CSU's main campus. "The area is presently grass -landscaped with concrete sidewalks. The. area for the proposed transit center facility is situated north of the existing Lory Student" Center and is presently covered by asphalt parking and drive areas. 3_ Geotechnical Engineering Report Terracon Proposed Transit Center _ City of Fort Collins and Colorado State University - Project No. 20015282 West Plum Street lies to the north, the Engineering Building lies to the east, an existing asphalt parking lot lies to the northeast, and an existing lagoon lies to the west. SUBSURFACE CONDITIONS Geology The proposed area is located within the Colorado Piedmont section of the Great Plains physiographic province. The Colorado Piedmont, formed during Late Tertiary and Early quaternary time (approximately two -million (2,000,000) years ago), is a broad, erosional trench 77 which separates the Southern Rocky Mountains from the High Plains. Structurally, the site lies . along the western flank of the Denver Basin. During the Late Mesozoic and Early Cenozoic Periods (approximately seventy million (70,000,000) years ago), intense tectonic activity _ occurred, causing the uplifting of the Front Range and associated downwarping of the Denver Basin to the east. Relatively flat .uplands and .broad valleys characterize the present-day topography of the Colorado Piedmont in this region. The site is underlain by the Cretaceous , Pierre formation. The Pierre Shale underlies the site at depths of 5 to 8-1/2 feet in Test Boring Nos. 5, 6 and 7,. and at greater depths of 10 feet in the remaining borings. The bedrock is overlain by alluvial clays and sands of Pleistocene and/or -Recent age. a;. Mapping completed by the Colorado Geological Survey .('Hart, 1972), indicates the site in an area of "Moderate Swell Potential'. Potentially expansive materials mapped in this area include bedrock, weathered bedrock and colluvium (surticial units). Due to the gentle slopes at the site, geologic hazards at the site are anticipated to be low. Seismic activity in the area is low, and from a structural geology standpoint, the site should be stable. Soil and Bedrock Conditions77 _ Approximately 1 to 3-inches of asphalt pavement underlain by approximately 3 to 5-inches of aggregate road base material was encountered at the surface of Test Boring Nos. 2, 3, 4, 8, - and 9. An approximate 6-inch layer of silty topsoil was encountered at the surface of Test Boring Nos. 1, 5, 6, and 7. The subsurface soils immediately underlying the pavement section and topsoil consisted of sandy lean clay fill material. Underlying the fill material was natural 'Hart, Stephen S., 1972, Potentially Swelling Sotl and Rock in the Front Range Urban Corridor, Colorado, Colorado Geological Survey, Environmental Geology No. 7. 4 r ^ Geotechnical Engineering Report Tenacon Proposed Transit Center City of Fort Collins and Colorado State University Project No. 20015282 sandy lean clays and silty sand, and silty sand with gravel extended to the depths explored and/or bedrock. Sandstone/siltstone bedrock was encountered in Test Boring Nos. 5, 6 and 7 at approximate depths of 5 to 8-1/2 feet below existing site grades, and extended to the depths explored. Field and Laboratory Test Results Field .and laboratory test results indicate the clay soils are relatively plastic, soft to stiff in' consistency, exhibit low to moderate expansive potential and low to moderate bearing characteristics. The sandy soils are loose to medium dense in relative density, exhibits non- to low expansive potential, and low to moderate bearing characteristic. The bedrock is weathered to competent and moderately hard to hard, exhibits moderate bearing characteristics and generally low to moderate swell potential. Groundwater Conditions Groundwater was encountered in Test Boring Nos. 6 and 7 at approximate depths of 7 feet below existing site grades during initial drilling operations. The test boring holes were backfilled immediately after completion; therefore, stabilized water levels were not obtained. GroundwateV, levels can be expected to' fluctuate with varying seasonal and weather conditions. Based upon review of U.S. Geological Survey maps {ZHillier, et al, 1983), regional groundwater is expected =to be encountered in unconsolidated alluvial deposits on the site, at depths ranging from10 to 20'feet below the existing ground surface. The possibility of groundwater fluctuations should be considered when developing design and construction plans for the project. Fluctuations in groundwater levels can best be determined by implementation of a groundwater -monitoring plan. Such a plan would include installation of groundwater monitoring wells, and periodic measurement of groundwater levels over a sufficient period of time. z Hillier, Donald E.; Schneider, Paull A., Jr.; and Hutchinson, E. Carter, 1983, Depth to Water Table (1979) in the Boulder - Fort Collins -Greeley Area, Front Range Urban Corridor, Colorado, United States Geological Survey, Map 1-855-I. 5 r— Geotechnical Engineering Report Terracon Proposed Transit Center _ City of Fort Collins and Colorado State University Project No. 20015282 ENGINEERING ANALYSES AND RECOMMENDATIONS Geotechnica l 'Considerations The site appears suitable for the proposed construction from a geotechnical engineering point of view. The following foundation systems were evaluated for use on the site: — spread footings or deadman foundations bearing on undisturbed soils and/or engineered fill for the proposed bus shelters, and • grade beams and straight shaft piers/caisson drilled into the bedrock for the expansion to the Lory Student Center. Foundation Systems Spread Footings/Deadman Foundation System Due to the presence .of low swelling subsurface soils on the site, spread footing foundations _ bearing upo�: undisturbed subsoils and/or engineered fill are recommended for support for the proposed bus shelter structures. The footings may be designed for .a_ maximum bearing pressure of 1,500 psf bearing on the overburden clay native soils. In addition, all of the footings should be sized to maintain a minimum dead load_ pressure of 500 psf. The design bearing pressure applies to dead loads .plus design live load conditions. The design bearing . pressure may be increased by one-third when considering total loads that include wind or seismic conditions. _ Footings.should be proportioned to reduce differential foundation movement. Proportioning on the basis of equal total settlement is recommended; however, proportioning to relative constant dead -load pressure will also reduce differential settlement between adjacent footings.. Total settlement resulting from the assumed structural loads is estimated to be on the order of 1-inch or less. Differential settlement should be on the order of 112 to 3/4 of the estimated total settlement. Additional foundation movements could occur if water from any source infiltrates the foundation soils; therefore, proper drainage should be provided in the final design and during construction. Reinforced concrete foundations, cast in excavations against undisturbed subsoils are recommended for resistance to uplift for the.proposed bus shelter/canopy structures. Footing or dead -man foundations may be designed using the cone method. The equation for 5 Geotechnical Engineering Report Proposed Transit Center °City of Fort Collins and Colorado State University Project No. 20015282 Terracon determining the ultimate uplift capacity as a function of footing or dead -man foundation dimension, foundation depth, and soil weight is presented below: T„=0.4xyxDZx(B+L)+W Where: To= Ultimate uplift capacity (Ibs) 7 = Unit weight of soil (Ibs/ft3)* D = Depth to base of footing foundation below final grade (ft) B = Width of footing foundation (ft) L = Length of footing foundation (ft) W= Weight of footing + weight of soil directly over the top of the footing/block (Ibs) "A unit weight (y) of 120 pcf is recommended for soil (either undisturbed or compacted backfill) at this site. The design gplift resistance should be calculated by dividing the ultimate resistance obtained from the equation above by an appropriate factor of safety. A factor of safety of at least 2 is recommended for live uplift loads in the analysis. Footings, foundations and masonry walls should be reinforced. as necessary to reduce the potential for. distress caused by differential foundation movement. The use of joints at openings or other discontinuities in masonry walls is recommended. Foundation excavations should be observed by the geotechnical engineer. If the soil conditions encountered differ significantly from those presented in this report, supplemental recommendations will be required. Grade Beams and Straight Shaft Piers Due to the expansive potential of the bedrock and anticipated maximum column loads of 50 kips -to 350 kips, a grade beam and drilled pier foundation system is recommended for support of the proposed Lory Student Center addition. Straight shaft piers, drilled a minimum of 10 feet into competent or hard siltstone/claystone bedrock, with a minimum shaft length of 25 feet are recommended. For axial compression loads, piers may be designed for a maximum end -bearing pressure of 20,000 pounds per square foot (psf), and a skin friction of 2,000 forthe portion of the pier in 7 Geotechnical Engineering Report Terracon, Proposed Transit Center _ City of Fort Collins and Colorado State University Project No. 20016282 firm or harder bedrock. All piers require sufficient dead load and/or additional penetration into the bearing strata to resist potential uplift of the expansive materials. All piers should be designed for a minimum dead -load pressure of 7,500 psf, based upon pier end area. A minimum practical horizontal spacing between piers of at least three (3) diameters should be maintained, and adjacent piers should bear at about the same elevation. Piers should be considered to work in group action if the horizontal: spacing is less than three pier diameters. The capacity of individual piers may need to be reduced when considering the effects of group action. Capacity reduction is a function of pier spacing and the number of piers within a group. If group action analyses are necessary, capacity reduction factors can be provided. To satisfy forces in the horizontal direction, for a pier diameter of 12-inches, piers may be designed for lateral loads using a modulus of 100 tons per square foot for the portion of the pier in the overburden clay soils and/or engineered fill, and 300 tsf in bedrock. The coefficient of subgrade reaction for varying pier diameters is as follows: .li'kY�^^rr�.r+',.z tr'�n x�-,��y' L 4 3i-.iyk.. .:%4 �0'�'? �� �'"T Ta1Si 1 W .' bfy;i + r .ukr, ...�'3�r ��+'sa`;. The soil modulus and coefficient of subgrade reaction are ultimate values; therefore, appropriate factors of safety should be applied in the pier design. When the lateral capacity of drilled piers is evaluated by the L-Pile (COM 624) computer program, we recommend that internally generated load -deformation (P-Y) curves be used. Terracon recommends the "stiff clay with no -water' condition be used. The following parameters maybe used for the design of laterally loaded piers, using the L-Pile (COM 624) computer program: 8 Geotechnicai Engineering Report Proposed Transit Center _ City of Fort Collins and Colorado State University Project No. 20015282 Terracon PaCameters Compacted ExIstin Fill IUlateral and on srte Bi3rock Structural fill CIay,Sails Unit Weight of Soil (pcfl 130 115(') 120(+) Cohesion (psf) 0 1500 5000 Angle of Internal Friction 0 35 23 0 (degrees) Strain Corresponding to '/2 — 0.02 0.010 Max. Principal Stress Difference E5D 'Notes: 1) Use of 65 PCF below the water table All piers should be reinforced full depth for the applied axial, .lateral and uplift stresses imposed. The amount of reinforcing steel for expansion should be determined by the tensile force created by the uplift force on each pier, with allowance for dead -load. Minimum — reinforcemer of at least.one-half percent of the cross -sectional area of each pier should be specified. — To reduce potential uplift forces on piers, use of long grade beam spans to increase individual pier loading `is recommended. For this project, a minimum pier diameter of-24 inches is recommended. Drilling to design depths should be possible with conventional single flight power augers. Groundwater conditions indicate that temporary steel casing may be required to properly drill and clean piers prior to concrete placement. Groundwater should be removed from each pier hole prior to concrete placement. Pier concrete should be placed immediately after completion of drilling and cleaning. If pier concrete cannot be placed in less than 3 inches of water, a tremie should be used for concrete placement. Due to potential sloughing and raveling, foundation concrete quantities may exceed calculated geometric volumes. r Casing should be withdrawn in a slow continuous manner maintaining a sufficient head of - concrete to prevent infiltration of water or the creation of voids in pier concrete. Pier concrete should have a relatively high fluidity when placed in cased pier holes or through a tremie. Pier concrete with a slump in the range of 5 to 8 inches is recommended. 0 r- OCTOBER 29, 2003 CITY OF FORT COLLINS PLANHOLDERS LIST FOR BID #5823 CITY OF FORT COLLINS AND CSU TRANSIT CENTER PHASE 1A G L HOFF P O BOX 7448 LOVELAND, CO 80537-1448 PH 970-669-3255 FAX 970-663-1566 DELTA CONSTRUCTION 208 RACQUETTE DR. FT. COLLINS, CO 80524 PH 970-498-8766 FAX 970-498-8770 J B EXCAVATING 1012 W E FRONTAGE RD FT. COLLINS, CO 80524 PH 970-484-6593 FAX 970-490-6115 STURGEON ELECTRIC 12150 E 112T" AVE HENDERSON, CO 80640 PH 303-286-8000 FAX 303-227-6960 INTEGRATED ELECTRIC 1500 W CEDAR AVE DENVER, CO 80223 PH 303-733-2028 FAX 303-991-0083 ECI SITE CONSTRUCTION P O BOX 2135 LOVELAND, CO 80539 PH 970-669-6291 FAX 970-669-6411 MOUNTAIN CONSTRUCTORS P O BOX 405 PLATTEVILLE, CO 80651 PH 970-785-6161 FAX 970-785-2515 CONNELL RESOURCES 4305 E HARMONY RD FT. COLLINS, CO 80528 PH 970-223-3151 FAX 970-223-3191 BARNSCO WEST 602 4T" AVE GREELEY, CO 80631 PH 800-332-3941 FAX 970-351-8629 EXPRESS CONCRETE 5305 ZIEGLER RD. FT. COLLINS, CO 80528 PH 970-225-1287 FAX 970-229-0846 SUN CONSTRUCTION & DESIGN 1232 BOSTON AVE LONGMONT, CO 80501 PH 303-444-4780 FAX 303-444-6774 ALLIANCE PAINTING 2200 LIBERTY DR FT. COLLINS, CO 80521 PH 970-493-6347 FAX 970-493-6347 DURAN EXCAVATING 418 N 9T" AVE GREELEY, CO 80631 PH 970-351-0192 FAX 303-659-3243 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. Plpage refer to the attached information 12. List your major equipment available for this contract. dump truck, CAT 928 loader, CAT 320 track excavator, backhoe, bobcat, motor grader grading tractor, concrete pump. 13. Experience in construction Work similar in importance to this project: Please refer the attached lists 19. Background and experience of the principal members of your organization, including officers: P?Paae_refer to the attached lists 15. Credit available: $ 200,000. 16. Bank reference: Loran Emmonds, Bank Ohe Loveland, CO 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR? yes If yes, in what city, county and state? Fort Collins and of ers What class, license and numbers? #B6 19. Do you anticipate subcontracting Work under this Contract? yes If yes, what percent of total contract?less than 15% and to whom? seeding 20. Are any lawsuits pending against you or your firm at this time? no If DETAIL yes, 7/96 Section 00420 Page 2 Geotechnical Engineering Report Terracon Proposed Transit Center City of Fort Collins and Colorado State University Project No. 20015282 Free -fall concrete placement in piers will only be acceptable if provisions are taken to avoid striking the concrete on the sides of the hole or reinforcing steel. The use of a bottom -dump hopper, or tremie discharging near the bottom of the hole where concrete segregation will be minimized, is recommended. To provide increased resistance to potential uplift forces, the sides of each pier should be mechanically roughened in the bearing strata. This should be accomplished by a roughening tooth placed on the auger. Pier bearing surfaces must be cleaned prior to concrete placement. A representative of the geotechnical engineer should inspect the bearing surface and pier configuration. Lateral Earth Pressures — For soils above any free water surface, recommended equivalent fluid pressures for unrestrained foundation elements are: -- Active: Cohesive soil backfill (on -site clays) ...................................... 45 psf/ft Cohesionless soil backfill (imported or on -site sands)........... 35 psf/ft On -site bedrock materials .....:....................not recommended for use • Passive: Cohesive soil backfill (on -site clays) .................................... 250 psf/ft Cohesionless soil backfill (imported.sands)......................... 350 psf/ft Where the design includes restrained elements, the following equivalent fluid pressures are recommended: • At rest: _. Cohesive soil backfill on -site clay) Y)........................................ 60 psf/ft Cohesionless soil backfill (imported or onsite sands) ......:..... 50 psf/ft On -site bedrock materials ..........................not recommended for use Fill against, grade beams and retaining walls should .be compacted to densities specified in Earthwork. High plasticity clay soils should not be used as backfill against retaining walls. Compaction of each lift adjacent to walls should be accomplished with hand -operated tampers Geotechnical Engineering Report Terraeort Proposed Transit Center _ 'City of Fort Collins and Colorado State University Project No. 20016282 or other lightweight compactors. Overcompaction may cause excessive lateral earth pressures, which could result in wall movement. Seismic Considerations 'The project site is located in Seismic Risk Zone I of the Seismic Zone Map of the United States as indicated by the 1997 Uniform Building Code. Based upon the nature of the subsurface materials, a soil profile type S, should be used for the design of structures for the proposed project (1997 Uniform Building Code, Table No. 16-J). Floor Slab Design and Construction It is anticipated non -expansive or low -swelling natural soils or engineered fill will support the floor slabs. Some differential movement of slabs -on -grade floor systems is possible should the subgrade soils become elevated in moisture content. To reduce potential slab movements, the subgrade soils should be prepared as outlined in the earthwork section of this report. For structure1 design of concrete slabs -on -grade, a modulus of subgrade reaction of 100 pounds per;Cubic inch (pci) may be used for floors supported on existing or engineered fill consisting of" nn-site soils. A modulus of 200 pci may be used for floors supported on at least 2 feet of non expansive imported fill meeting the specifications outlined below. Additional floor slab design and construction recommendations are as follows: • Positive separations and/or isolation joints should be provided between slabs and all foundations, columns or utility lines to allow independent movement. • Control joints should be provided in slabs to control the location and extent of cracking. • Interior trench backfill placed beneath slabs should be compacted in accordance with recommended specifications outlined below. • In areas subjected to normal loading, a minimum 4-inch layer of sand, clean - graded gravel or aggregate base course should be placed beneath interior slabs. For heavy loading, reevaluation of slab and/or base course thickness may be required. 11 -Geotechnical Engineering Report Terracon. Proposed Transit Center City of Fort Collins and Colorado State University Project No. 20016282 • Floor slabs should not be constructed on frozen subgrade. • Other .design and construction considerations, as outlined in the ACI Design Manual, Section 302.1 are recommended. Pavement Design and Construction - Design of pavements for the project have been based on the procedures outlined in the 1993 Guideline for Design of Pavement Structures by the American Association of State Highway and Transportation Officials (AASHTO), City of Fort Collins criteria, and the following data. For flexible pavement design, a design life of 20 years was utilized. Using a laboratory tested design R-value of 15 for the proposed Transit Center, appropriate ESAL/day, environmental criteria and other factors, the structural numbers (SN) of the pavement sections were determined on the basis of the 1093 AASHTO design equation. _.:..-.:..�.-, .::.;: �m = a .a a a � Sh�, §e� 44 y(i „-�:drPc: •*. •:',�: yx. �4h ° r',gT i.i ^::�::. .. �+..'. p.:..y«.F: ��: a t �gF � +eG" �fm F �r ;n :.�::::; ;v:::aa '.r.; r-r •..�='�. S�',..� ��'g4• � `-r •s�1t'��,��t`r"�`�'�'i K ,,: r"�..;.Sl.:vf^`i'.La:. ,',tc� ,i � �.=SY � � �' v:v,;;W+;:y��:^rFW.i ..;,�,c:e. � � ;1.:�-� �:x_i�3, L � �' �at`t'�. �e;l. �s*r. �,n ."�i ,�'�.�. 1 4�'1 l 'Lv� CSU Transrk; 180 1,314,000 90 4.5 2.5 324 Center (1) The 18-kip equivalent daily load application value of 180 was provided by the City of Fort . Collins ' Facilities Department and based on the utilization of 18 buses per day for a 10 hour day which for this project equates to an 18-kip EDLA of approximately 180. Local drainage characteristics of proposed pavement areas are considered to vary from fair to good depending upon location on the site. For purposes of this design analysis, fair drainage characteristics are considered to control the design. These characteristics, coupled with the approximate duration of saturated subgrade conditions, results in a design drainage coefficient of 1.0 when applying the AASHTO criteria for design. In addition to the flexible pavement design analyses, a rigid pavement design analysis. was completed, based upon AASHTO and/or CDOT design procedures. Rigid pavement design is based on an evaluation of the Modulus of Subgrade Reaction of the soils (K-value); the Modulus of Rupture of the concrete, and other factors previously outlined. The design K-value of 100 pounds per cubic inch (pci) for the subgrade soil was determined by correlation to the laboratory tests results. A modulus of rupture of 650 psi (working stress 488 psi) was used for pavement concrete. The rigid pavement thicknesses for each traffic category were determined 12 Geotechnical Engineering Report Terracon Proposed Transit Center _ City of Fort Collins and Colorado State University Project No. 20015282 on the basis of the AASHTO and/or CDOT design equation. Recommended alternatives for flexible and rigid pavements, summarized for each street, are as follows: Recommended minimum:Pavement:7hicicnesses -. Aggregate Base Course P.orflanct .: Actuat. Traffic :' Area. Alternatives .: Asphalt Concrete Surface Asphalt Concrete 'bradmg S or Surface Grading SG — Class 5:.or Cone ete < Total versus :.. sx Re uired q.ZN A 2.0 3.0 10.0 15.0 3 3D/3.24 Transit 6 3.5 4.0 7.5 3.30/3.24 _ Center ni C 3.0 < 3.0 6.0 12.0 3.30/3.24 rop 8.0 8.0 N/A (1) Alternative A: Provides the minimum pavement thicknesses for use of asphalt concrete surface material, Grading S, SX and SG, underlain by Class 5 or 6 aggregate road base — material. (2) Alternatiye B: Provides the minimum pavement thicknesses for use of full -depth asphalt concrete` surface material, Grading S or SX, underlain by asphalt concrete surface material; Grading SG. (3) Alternative C: Provides the minimum pavement thicknesses for use of full -depth asphalt concrete surface material, Grading S or SX, underlain by a minimum 6-inches of Class 5 or 6 aggregate road base material. r- (4) Alternative D: Provides the minimum required pavement thicknesses for use of Portland Cement Concrete pavement. Each alternative should be investigated with - respect to current material availability and economic conditions. Aggregate base course (if used on the site) should consist of -a blend of _ sand and gravel, which meets strict specifications for quality and gradation. Use of materials meeting Colorado. Department of Transportation (CDOT) Class 5 or 6 specifications is recommended for base course. Aggregate base course should be placed in lifts not exceeding six inches and should be compacted to a minimum of 95% Standard Proctor Density (ASTM D698). Asphalt concrete pavement should be composed of a mixture of aggregate, filler and additives, if required, and approved bituminous material. The asphalt concrete should conform to approved mix designs stating the Hveem and/or SuperPave properties, optimum asphalt i content, job mix formula and recommended mixing and placing temperatures. Aggregate used 13 Geotechnical Engineering Report Terracon Proposed Transit Center _ City of Fort Collins and Colorado State University Project No. 20015282 in the asphalt concrete should meet particular gradations, such as the Colorado Department of Transportation Grading S, SX or SG specifications. Mix designs should be submitted .prior to construction to verify their adequacy. Asphalt material should be placed in maximum 3-inch lifts and should be compacted to a minimum of 92 to 96 % of Maximum Theoretical Density. Where rigid pavements are used, the concrete should be obtained from an approved mix design with the following minimum properties: • Compressive Strength @ 28 days...........................................4000 ,psi minimum • Modulus of Rupture @ 28 days.................................................600 psi minimum Strength Requirements....................................................................... ASTM C94 • Minimum Cement Content:........................................................6.0 sacks/cu. yd. _ • Cement Type............................................................................... Type I Portland • Entrained Air Content.............................................................................. 4 to 8% .. • Concrete Aggregate ..................................... ASTM C33 and CDOT Section 703 • i)kggregate Size............................................................:..............1 inch maximum ; • Maximum Water Content ...................................................... 0.49 lb/lb of cement • Maximum Allowable Slump .....................................................................4 inches Concrete s-hould be deposited by truck mixers or agitators and placed a maximum of 90 _ minutes fro-n the time the water is added to the mix. Other specifications outlined by the Colorado'Department of Transportation should be followed. Longitudinal and transverse joints should be provided as needed in concrete pavements for expansion/contraction and isolation. The location and extent of joints should be based upon the .final pavement geometry and should be placed (in feet) at roughly twice the slab thickness - (in inches) on center in either direction. Sawed joints should be cut within 24-hours of concrete placement, and should be a minimum of 25% of slab thickness plus.1/4 inch. All joints should be seated to prevent entry of foreign material and doweled where necessary for load transfer. Preventative maintenance should be planned and provided for through an on -going pavement management program in order to enhance future ,pavement performance. Preventative maintenance activities are intended to slow the rate of pavement deterioration, and to preserve the pavement investment. aA Geotechnicaf Engineering Report Terracon Proposed Transit Center _ City of Fort Collins and Colorado State University _ Project No. 20015282 Preventative maintenance consists of both localized maintenance (e.g. crack sealing and patching) and global maintenance (e.g. surface sealing). Preventative maintenance is usually the first priority when implementing a planned pavement maintenance program and provides the highest return on investment for pavements. Recommended preventative maintenance policies for asphalt and jointed concrete pavements, based upon type and severity of distress, are provided. Prior to implementing any maintenance, additional engineering observation is recommended to determine the type and extent of preventative maintenance. Earthwork • General Considerations The following presents recommendations for site preparation, excavation, subgrade preparation and placement of engineered fills on .the. project. All' earthwork -on the project should be observed and evaluated by Terracon. The evalLfation of earthwork should include observation and, testing of engineered fill, subgr-tide preparation, foundation bearing soils, and other geotechnical conditions exposed during the construction of the project. • Site. Preparation Strip and remove uncontrolled fill (if encountered during construction), vegetation, debris, and other deleterious materials from proposed building and pavement areas. All exposed surfaces should be free of mounds and depressions, which could prevent uniform compaction. The site should be initially graded to create a relatively level surface to receive fill, and to provide for a relatively uniform thickness of fill beneath proposed pavements and building structures. All exposed areas which will receive fill, once properly cleared and benched where necessary, should be scarified to a minimum depth of eight inches, conditioned to near optimum moisture content, and compacted. 15 Geotechnical Engineering Report Terracon Proposed Transit Center City of Fort Collins and Colorado State University Project No. 20016282 It is anticipated that excavations for the proposed construction can be accomplished with conventional earthmoving equipment. Depending upon depth of excavation and seasonal conditions, groundwatermay be encountered in excavations on the site. Pumping from sumps may be utilized to control water within excavations. Based upon the subsurface Conditions determined from the geotechnical exploration, subgrade soils exposed during construction are anticipated to be relatively stable: However, the stability of the subgrade may be affected by precipitation, repetitive construction traffic or other factors. If unstable conditions develop, workability may, be improved by scarifying and drying. Overexcavation of wet zones and replacement with granular materials may be necessary. Subgrade Preparation Subgrade soils beneath interior and extgrior slabs, should be scarified, moisture conditioned and compacted to a minimum depth of eight inches. The -moisture content and compaction of subgrade soils should be maintained until slab or pavement construction. Fill Ahaterials and Placement On -site soils or approved imported materials may be.used as fill material. Imported soils (if required) should conform to the following: Percent fines by weight Gradation (ASTM C136) 61, ........................................................... ................ ..... 100 3" ............................................:...................................:................. 70-100 No. 4 Sieve ...................: ...............::.... .............................. 50-100 No. 200 Sieve............................................................................... 50 (max) LiquidLimit.................................................................................. 30 (max) Plasticity Index........................_................................................... 15 (max) GroupIndex.............................:.................................................:. 10 (max) 16 r Geotechnical Engineering Report Terracon Proposed Transit Center _ City of Fort Collins and Colorado State University Project No, 20015282 Engineered fill should be placed and compacted in horizontal lifts, using equipment and _. procedures that will produce recommended moisture contents and densities throughout the lift. Recommended compaction criteria for engineered fill materials are as follows: Material Minimum Percent (ASTM D6981 Scarified subgrade soils..............................:......................................... 95 On -site and imported fill soils: Beneath foundations.................................................................. 95 Beneath slabs............................................................................ 95 Beneath pavements................................................................... 95 Miscellaneous backfill (non-structural areas) ......................................... 90 On -site clay soils should be compacted within a moisture content range of 2 percent below, to 2 percent above optimum. Imported granular soils and/or on -site sands should be compacted within a moisture range of 3 percent below to 3 percent above optimum unless modified by the project geotechnical engineer. t • Excavation and Trench Construction Excavations into the on -site soils will encounter a variety of conditions. The individual contractor(s) should be made responsible for designing and constructing stable, temporary excavations as required to maintain stability of both the excavation sides and bottom. All excavations should be sloped or shored in the interest of safety following local and federal regulations, including current OSHA excavation and trench safety standards. The soils to be penetrated by the proposed excavations may vary significantly across the site. The preliminary soil classifications are based solely on the materials encountered in widely spaced exploratory test borings. The contractor should verify that similar conditions exist throughout the proposed area of excavation. • If different subsurface conditions are encountered at the time of construction, the actual conditions should be evaluated to determine any excavation modifications necessary to maintain safe conditions_ 17 M Geotechnical Engineering Report Terracon Proposed Transit Center City of Fort Collins and Colorado State University _ Project No. 20015282 As a safety measure, it is recommended that all vehicles and soil piles be kept to a _ minimum lateral distance from the crest of the slope equal to no less than the slope ,. height. The exposed slope face should be protected against the elements. Additional Design and Construction Considerations Exterior Slab Design and Construction Exterior slabs -on -grade, exterior architectural. features and utilities founded on or in backfill may experience some movement due to the volume change of the backfill. Potential movement could be reduced by: • minimizing moisture increases in the backfill _ controlling moisture -density during placement of backfill • using designs which allow vertical movement between the exterior features and adjoining structural elements ,. • placing effective control joints on relatively close centers ;i Underground Utility Systems w. All piping should be adequately bedded for proper load distribution. It is suggested that clean., graded gravel compacted to 75 percent of Relative Density ASTM D4253 be used, as bedding. Where utilities are excavated below. groundwater, temporary _ dewatedng will be required during excavation,- pipe placement and backfilling operations for proper construction. Utility trenches should be excavated on safe and stable slopes in accordance with OSHA regulations as discussed above. Backfill should consist of the on -site soils or imported material approved by the geotechnical -. engineer. The pipe backfill should be compacted to a minimum of 95 percent of Standard Proctor Density ASTM D698. Corrosion Protection Results of soluble sulfate testing indicate that ASTM Type I Portland cement is suitable for all concrete on and below grade. However, if there is no, or minimal cost differential, use of ASTM Type II Portland cement is recommended for additional sulfate resistance of construction concrete. Foundation concrete should be designed in accordance with the provisions of the ACI Design Manual, Section 318, Chapter 4. 18 Geotechnical Engineering Report Proposed Transit Center - City of Fort Collins and Colorado State University Project No. 20015282 Surface Drainage Terracon _ Positive drainage should be provided during construction and maintained throughout the life of the proposed project. Infiltration of water into utility or foundation excavations — must be prevented during construction. Planters and other surface features, which could retain water in areas adjacent to the building or pavements, should be sealed or eliminated. In areas where sidewalks or paving do not immediately adjoin the structure, we recommend that protective slopes be provided with a minimum grade of approximately 5 percent for at least 10 feet from perimeter walls. Backfill against footings, exterior walls, and in utility and sprinkler line trenches should be well compacted and free of all construction debris to reduce the possibility of moisture infiltration. Downspouts, roof drains or scuppers should discharge into splash blocks or extensions when the ground surface beneath such features is not protected by exterior slabs or paving. Sprinkler systems should not be installed within 5 feet of foundation walls. Landscaped irrigation adjacent to the foundation system should be minimized or- elimitiated. GENERAL COMMENTS Terracon should be retained to review the final design plans and specifications so comments can be ,made regarding interpretation and implementation of our geotechnical recommendations in the design and specifications. Terracon also should be retained to provide testing and observation during excavation, grading, foundation and construction phases of the project. The analysis and recommendations presented in this report are based upon the data obtained from the borings performed at the.indicated locations and from other information discussed in this report. This report does not reflect variations, which may occur between borings or across the site. The nature and extent of such variations may not become evident until construction. If variations appear, it will be necessary to reevaluate the recommendations of this report. The scope of services for this project does not include either specifically or by implication any environmental assessment of the site or identification of contaminated or hazardous materials or conditions. If the owner is concerned about the potential for such contamination, other studies should be undertaken. 19 21. What are the limits of your public liability?" DETAIL 2 million plus 2 million umbrella What company? Travelers 22. What are your company's bonding limitations? approximately 5 million 23. The undersigned corporation to verification of Qualifications. Dated at Loveland hereby authorizes and requests any person, firm or furnish any information requested by the OWNER in the recital comprising this Statement of Bidder's this 5th day of November G.L. Hoff Company Name of 'dder By:�f�/ljT Miriam T. Hoff Title: Secretary Treasurer State of Colorado County of Larimer 2003 Miriam T. Hoff being duly sworn deposes and says that he is Secretary Treasurer of G.L. Hoff Company 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 4! r 2 Opp. / C �//77/ 6t . /,a H�.I ®/ /� Notary Public My commission expires /2-/,�_ a 7/96 Section. 00420 Page 3 ;77 Geotechnical Engineering Report TerrAcon Proposed Transit Center City of Fort Collins and Colorado State University Project No. 200115282 This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted gpotechnical engineering practices. No warranties, either express or implied, are intended or made. In the event that changes in the nature, design, or location of the project as outlined in this report, are planned, the conclusions and recommendations contained in this report shall not be considered valid unless Terracon reviews the changes, and either verifies or modifies the conclusions of this report in writing. 20 GEOTECE LAICAL ENGINEERING REPORT - APPENDIX A No Text -\ w �I LJ LOG OF BORING NO. 1 Page 1 of 1 CLIENT City of Fort Collins - Facilities SITE North of Lory Student Center PROJECT Fort Collins, Colorado Colorado State University Transit Center SAMPLES TESTS DESCRIPTION M > F z= S = S Z�1 2W ZZ a U b y sp � z r 0 M 17 O � Z >a ~ Uj a- m � 0 n. Z f- -Y o.5 6" TOPSOIL FILL MATERIAL _ 1 SS 12 17 Sandy Lean Clay trace Gravel 2 SS 12 13 13.2 Tan, brown, moist, medium stiff to very stiff 3 SS 12 6 16.2 5 5 SANDY LEAN CLAY Tan, brown, moist, soft to stiff 4 SS 12 4 23.9 10 10 '1 BOTTOM OF BORING ;I s,. 0 z s The stratifloation lines represent the approximate boundary lines b" between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft 1 rerracon BORING STARTED 1-14-02 DRY WD DFOREMAN 1-1ARS WL y RO�RINGC CME 55 OWL Initial Water Level Reading APPROVED DAR JOB # 20015282 LOG OF BORING NO. 2 CLIENT Page 1 of 1. City of Fort Collins - Facilities SITE North of Lory Student Center PROJECT Fort Collins, Colorado Colorado State University Transit Center SAMPLES TESTS 0 DESCRIPTION J m }. 2 w U) ~ W w Q - W �- Zfn W Z = zz OW W JF ¢�,¢ w O QUA 7 mi Z rL yy 0 ~0 o FZ > OU r Ua JJ 0.3 3" ASPHALT F- �' cn m > 0 0. n (A ae to co 0.5 3" AGGREGATE BASE COURSE 1 SS 12 8 SANDY LEAN CLAY 2 SS 12 9 20.4 Tan, brown, moist, soft to stiff 0.0008 3 SS 12 3 25.2 5 �p t0 4 SS 12 9 19.1 BOTTOM OF BORING ;i The stratification lines represent the approximate boundary lines between soil and rock types: in-sttu, the transition may be gradual WATER LEVEL OBSERVATIONS, ft BORING STARTED 1-14-02 WL Q DRY WD��� 1reWL BORING COMPLETED 1-14-02 $ RIG CME-55 FOREMAN AIRS WL Initial Water Level Reading APPROVED DAR JOB # 20015282 LOG OF BORING NO. 3 Pa , e 1 of 1 CLIENT City of Fort Collins - Facilities SITE North of Lory Student Center PROJECT Fort Collins, Colorado Colorado State University Transit Center SAMPLES TESTS 0 DESCRIPTION O c Q 0 ii X Lu w z F LLW:e F w rn w m w O z 3 Luz z y zZ Ow o—g w � 2 W CL-j <p of ZF =U) dg— d' V)m 3:0 ❑ o. 5 V) J0:: • 0.1 3" ASPHALT 1 SS 12 5 0.5 3" AGGREGATE BASE COURSE FILL MATERIAL COMP. 2 SS 12 7 15.4 Sandy Lean Clay trace Gravel _ SAMPLE: Tan, brown, gray,. moist, soft to medium @ 0,�, stiff 40/23/57 3 SS 12 4 17.3 5 9 SANDY LEAN CLAY 4 SS 12 6 19.1 10 Tan brown moist soft to stiff 10 BOTTOM OF BORING i., f, N l F 2 The stratification lines represent the approximate boundary lines r between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft 1 Lr �� BORING STARTED 1-14-02 WL g DRY WD[!: . BORING COMPLETED 1-14-02 o WL $ RIG CME-55 FOREMAN ARS W WL Initial Water Level Reading APPROVED DAR JOB# 20015282 LOG OF BORING NO. 4 CLIENT Page 1 of 1 City of Fort Collins - Facilities SITE North of Lory Student Center PROJECT Fort Collins, Colorado Colorado State Univers" , Transit Center SAMPLES TESTS DESCRIPTION m e o 0 uj o _ w W > z Z z � w D z n: ¢O OCR uj [] 0) 7 Z }- F w a.F ui m U �� D a Z� 7 fn 0.3 3" ASPHALT 0.5 3" AGGREGATE BASE COURSE 1 SS 12 5 FILL MATERIAL 2 SS 12 9 18.2 " Sandy Lean Clay trace Gravel - 3 Tan, brown, gray, moist, soft to medium stiff SANDY LEAN CLAY 3 SS 12 5 22.1 Tan, brown, moist; soft to stiff 5 Intermittent Silty Sand Lenses 10 �0 4 SS 12 10 12.0 BOTTOM OF BORING i I,. t The stratification lines represent the approximate boundary tines - between soil and rock types: in -situ, the transition may be gradual WATER LEVEL OBSERVATIONS, ft BORING STARTED 1-14-02 WL DRY WD ireffac© BORING COMPLETED 1-1402 WL 7- RIG CME-55 FOREMAN AIRS n WL Initial Water Level Reading.. APPROVED DAR JOB # 20015282 LOG 0F' E§ORING NO. 5 Page 1 of 1 CLIENT City of Fort Collins - Facilities SITE North of Lory Student Center PROJECT FortColtins, Colorado Colorado State University Transit Center SAMPLES TESTS 0 p 5 p C.DESCRIPTION o w _ = > N o w w > zm z �w t= z K� Zz Ixww gym~ Q. a U n U t-O Hz } ow aDa �Oa U' W a- ro 7 z } (- w M a� (n m <O � U x 0 a z� V) 3e u6 v? = ^ 0.5 6" TOPSOIL FILL MATERIAL 1 SS 12 6 18.4 2 Sandy Lean Clay trace Gravel ; Tan brown moist soft to medium stiff SANDY LEAN CLAY 2 ST 12 19.3 102 2610 Tan, brown, rust, moist, medium stiff to stiff 3 SS 12 7 21.0 5 5 WEATHERED CLAYSTONE/SANDSTONE/SI LTSTONE Tan, gray, rust, moist, moderately hard 4 ST 12 15.8 107 8 x x CLAYSTONE/SANDSTONE/SILTSTONE 5 SS 12 38 15.3 Tan, gray, rust, moist, hard to very hard x x x x x x x x lo- x x x x x x x x j x x x x x x x x !'! x x x x x x 0.0007 6 SS 10 50/0.8 15.8 x x x 15 x x x x x x x x x x x x x x x x x x x 7 ISSI 8 5010.7 15.5 x x x x x x 20 x x x x x x x x x x - x x x x x x x x x x x x x x 24.4 o BOTTOM OF BORING c� z 0 U K 0 The stratification lines represent the approximate boundary lines between soil and rock types: in,eRu, the transition maybe gradual. WATER LEVEL OBSERVATIONS, ft retracon BORING STARTED 1-14-02 DRY WD g BROc'RING COMPLETED 1 14-02 o WL OREMAN ARS APPROVED DAR I JOB # 20015282 m WL Initial Water Level Reading LOG OF BORING NO. 6 Page 1 of 1 CLIENT - City of Fort Collins - Facilities SITE North of Lory Student Center PROJECT Fort Collins, Colorado Colorado State University Transit Center SAMPLES TESTS DESCRIPTION m } a� t w o U r ff C ♦- ? � =w Z>WW i ZZF O mQ z �Ow a. ¢ 3:0 W w Z1.- U_a 0=)❑ 77 0.5 6" TOPSOIL WE ❑a m FILL MATERIAL 1 S5 12 12 14.5 Sandy Lean Clay trace Gravel ` Tan, brown, moist, medium stiff to stiff 3 0.0011 SANDY LEAN CLAY Tan, brown, rust, moist, medium stiff to stiff 2 ST 12 19.8 105 2150 3 SS 12 4 20.9 - 5 Intermittent Silty Sand Lenses Q 4 ST 12 22.6 108 960 a.s 5 SS 12 5 22.7 WEATHERED CLAYSTONE/SANDSTO NE/SI LTSTONE Tan, gray, rust, moist, moderately hard 10 x x CLAYSTONE/SANDSTONE/SILTSTONE x x Tan, gra ,,`rust, moist, hard to very hard x x x x ~ i. x x x x x x x x 6 SS 12 37 15.2 x x x x 15 x- x x x x x x x ' I x x x x x x x x x x x x x SWELL =. 7 SS 12 40 15.5 x x 20 250 psf — x x x x x x x x x x x x x x x x x x x x x x x x 25 zs 8 SS 12 50 15.6 L BOTTOM OF BORING -- The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 1-14-02 WL Q 7.0 WD 1rerracon BORING COMPLETED 1-14 02 WL C E-55 FOREMAN ARS ,RIG WL Initial Water Level Reading APPROVED DAR I JOB # 20015282 G.L. Hoff Company 2002 Projects Estes Park Sanitation District Centrifuge Building Construction of a new concrete block building with precast tee construction for a centrifuge. The work included piping, valves, electrical and instrumentation. Owner: Estes Park Sanitation District 1201 Graves Avenue Estes Park, CO 880517 Contact: Jim Duell, District Manager 970-586-2866 John Burgeson, 970-223-9600 Shepherd Miller Inc., Project Engineer Contract: $264,053.00 Change Orders: one $2,586.00 Own Forces: 55% Completion: January, 2002 Rehabilitation of Owl Creek Ditch Hydraulic Structures Removal and replacement of ten concrete hydraulic structures, providing and installing 25 meter gates, 21 precast concrete flumes, and construction of 4 cast -in -place flumes and other miscellaneous headwalls and structures along the Owl Creek Ditch. Owner: Owl Creek Supply and Irrigation Company PO Box 206 Eaton, CO 80615 Contact: Duane Smith, 970-490-2620 Smith Geotechnical Contract: $383,000.00 Change Orders: three $29,476.50 Own Forces: 100% Completion: April, 2002 LOG OF BORING NO. 7 Page 1 of 1 CLIENT City of Fort Collins - Facilities SITE North of Lory Student Center PROJECT Fort Collins, Colorado Colorado State University Transit Center SAMPLES TESTS DESCRIPTION 0 2 C N z � v}i w > z �$ Of z zZ EL a t a v) V m M W a O V i-O W� i Z} a0 0� m W inD >} W a.� m ZF 0.5 5' TOPSOIL FILL MATERIAL 1 SS 12 11 21.5 Sandy Lean Clay trace Gravel Tan, brown, moist, medium stiff to stiff 3 SANDY LEAN CLAY 2 ST 12 19.8.109 2123 Tan, brown, rust, moist, soft to stiff 3 SS 12 3 18.1 7 WEATHERED 4 ST 12 18.0 112 CLAYSTONE/SANDSTONE/SILTSTONE Tan, gray, rust, moist, moderately hard 5 SS 12 17 18.9 10 io x x CLAYSTONE/SANDSTONE/SILTSTONE x x Tan, gray, rust, moist, hard to very hard x x i Ix x x l' x x x x x x x x A. x x 6 SS 12 50 15.8 x x rJ 15 BOTTOM -OF BORING. tCl N O Z O U Q R K W t The stratification lines represent the approbmate boundary fines between soli and rock types: in -situ, the transition may be gradual. g WATER LEVEL OBSERVATIONS, It BORING STARTED 1-14-02 WL V 7.0 Wp 11 BORING COMPLETED 1-14-02 1 reff axon RIG CME-55 FOREMAN AIRS WL m WL Initial Water Level Reading APPROVED DAR JOB # 20015282 LOG OF BORING NO. 8 Pa e 1 of 1 CLIENT City of Fort Collins - Facilities SITE North of Lory Student Center PROJECT Fort Collins, Colorado Colorado State University Transit Center SAMPLES TESTS DESCRIPTION ro >: w a w 0 c m z� - F ZH zz W a f w m m m W O .wr- ¢O 0 W oz z }a} F w K a� (nM �i0 o a zF D[n OS :-. JIL ZR 0.3 3" ASPHALT 0.5 3" AGGREGATE BASE COURSE 1 SS 12 18 FILL MATERIAL 2 SS 12 20 16.0 Sandy Lean Clay trace Gravel COMP. 3 an, brown, gray, moist, medium stiff to SAMPLE ve stiff @ 0'-4' ; SANDY LEAN CLAY 32/15/43 3 SS 12 5 19.7 Tan, brown, moist, soft to stiff 5 8 SILTY SAND with GRAVEL Tan, brown, moist, loose to medium dense 4 SS 12 11 11.5 to 10 BOTTOM OF BORING ,t I The stratification lines represent the approximate boundary lines between soil and rock types: in -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 1-14-02 g DRY WDr 1rerac Q BORING COMPLETEQ 1-14-02 IWLWWL RIG CME-55 FOREMAN ARS Infial Water Level ReadingAPPROVED DAR I JOB # 20015282 LOG OF BORING NO. 9 Pa e 1 of 1 ±+. CLIENT City of Fort Collins - Facilities SITE North of Lory Student Center PROJECT Fort Collins, Colorado Colorado State University Transit Center SAMPLES TESTS F DESCRIPTION co z= o U m fn w w z w z �~I ga�eEo ; caw aw W wa oit � }} M IL m U z' agz J a. 0.3 3" ASPHALT 1 SS 12 5 0.5 3" AGGREGATE BASE COURSE 2 FILL MATERIAL Sandy Lean Clay trace Gravel COMP. SAMPLE 2 SS 12 6 %6 Tan, brown, gray, moist, medium stiff to 6,, Iff 36/21/30 SILTY SAND trace GRAVEL 3 SS 12 9 7.4 Tan, brown, moist, loose to medium dense 5 6 SANDY LEAN CLAY Tan, brown, moist, calcareous, stiff to very stiff 4 SS 12 13 19.7 10 10 BOTTOM OF BORING r� i . 0 Z 0 U 6 Y K W The stratification lines represent the approximate boundary lines n between soil and rock types: In -situ, the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 1-14-02 DRY WD��� 1-1ARS w g ,4-02 ROGRINGCOMPLETED Cm 55 FOREMAN o WL initial Water Level Reading APPROVED DAR J013 # 20015282 m GEOTECHNICAL ENGINEERING REPORT - APPENDIX B No Text -4 -2 CN C rn r 2 r O O z O r a 4 0 z 6 ;i r,. 8 10 0.1 1 10 APPLIED PRESSURE, TSF _ e Classifi cation -4 - i I , -2 Cn 2 .- d° , n 0 z O r D 4 o z r- 6 r 8 10 0.1 1 10 APPLIED PRESSURE, TSF. e Specimen Identificati c 0 c� J Notes: Z 0 U 0 a Cj m N N z CONSOLIDATION TEST N Project: Colorado State University Transit Cuter 'Fort Site: North of Lory Student Center Collins, Colorado o 1rerracon o Job #: 20015282 cUi Date: 1-24-02' on Classification Yd, pcf WC,% • 7 3.Oft SANDY LEAN CLAY 109 18 0.50 0.48 0.46 0.44 0.42 0 a 0 0.40 0 0.38 0.36 i 0.34 1' { 0.32 0.30 0.1 I PRESSURE, psf e 0 Specimen Idenfification Classification Yd, pcf WC,% o -5 7.0ft WEATHERED CLAYSTONE/SANDSTONE/SILTSTONE 112 1& U Notes: 0 0 CONSOLIDATION TESL" Project: Colorado State University Transit Center N 1e r won Site: North of Lory Student Center Fort Collins, Colorado g Job #: 20015282 Date: 1-24-02 0.60 0.58 0.56 0.54 0.52 o " 4 ` 0.50 O O ^ 0.48 0.46 0.44 i ' 0.42 r. 0.40 - r 0.1 1 10 PRESSURE, psf ^ N e r c Specimen Identification Classifi :._ 0 3 ^ a w cation Yd, pcf 1rerra P.O, Box 503 c���j, 301 North Howes Street FORT COLLINS, COLORADO 80521 (970) 48"359 FAX (970) 48"454 �+}g CIERNA PR SS RE 0. FC©�If'P TED :S IL A ►SH-T TAW - CLIENT: City of Fort Collins DATE OF TEST: PROJECT: CSU Transit 22-Jan-02 LOCATION: B-3 @ 0.0' - 4.0' TERRACON NO. 20015282 CLASSIFICATION: Lean Clay with Gravel (visual) A�Ii±iILE' QiT4 TEST R[dLTS7777771 TEST SPECIMEN NO. 1 2 COMPACTION PRESSURE (PSI) 120 200 DENSITY (PCF) 119.2 122.5 MOISTURE CONTENT (%) 13.9 13.5 EXPANSION PRESSURE (PSI) 0.37 0.53 HORIZONTAL PRESSURE @ 160 PSI 117 _ 98 SAMPLE HEIGHT (INCHES) 2.40 2.31 EXUDATION PRESSURE (PSI) 159.1 290.4 CORRECTED R-VALUE 21.9 34.1 UNCORRECTED R-VALUE 22.9 36.9 3 250 125.4 12.8 0.56 78 2.55 429.6 49.8 49.8 R-VALUE,@ 300 PSI EXUDATION PRESSURE = 35 100 90 8,0 70 w 60 Q , 50 40 30 —20 10 0 0 100 200 300 400 500 600 700 800 EXUDATION PRESSURE - PSI Sitework and Utilities for New Kuck Mechanical Building Subcontracted the sitework and utilities for the new Kuck Mechanical building to Delehoy Construction. Scope of work included overlot grading, structural fill, building excavation, foundation insulation, underslab gravel, fine grading, installation of sewer line, storm drainage, waterline, fireline and asphalt patch. Owner: Kuck Mechanical, Inc. General Contractor: Delehoy Construction 3109 South Taft Hill Road Fort Collins, CO 80526 Contact: Mark Delehoy, 970-226-0836 Contract: $125,840.00 Change Orders: three $7,008.00 Own Forces: 100% Completion: March, 2002 Pedestrian Links to Transfer Areas Street and sidewalk improvements for City of Loveland Bus system. Scope included removal and replacement of concrete curb, gutter, sidewalk, cross pans, bus pads and crosswalk, and asphalt paving as per Federal and CDOT specifications. Owner: City of Loveland 105 West 5th Street Loveland, CO 80537 Contact: Donna Camilliere-Frye Project Manager, 970-96202511 City of Loveland Engineering Department Contract: $72,737.88 Change Orders: one $16,614.58 (quantity bid) Own Forces: 85% Completion: July, 2002 Box 503 30'(I+forth Howes StreeE Ire_ 301 FORT.COLLINS, COLORADO 80521 (970) 484-0359 FAX (970) 484-0454 F S�STANCE.-.t �°1 E" � #�A` �0 P RE -9- RI OF COMP,�►�T€� 5�IL T'AS�3 CLIENT: City of Fort Collins - Facilities DATE OF TEST: . 22-Jan-02 PROJECT: City of Fort Collins and Colorado State University Transit Center LOCATION: Composite ample Test Boring No. @ 0.5' - 4.0' TERRACON NO. 20015282 CLASSIFICATION: Sandy Lean Clay-CL; AASHTO A-6 TEST SPECIMEN NO. 1 2 3 COMPACTION PRESSURE(PSI)120 200 250 DENSITY (PCF) 115.3 118.9 120.4 MOISTURE CONTENT (%) 17.8 16.0 14.6 EXPANSION PRESSURE {PSI) 0.37 0.53 0.56 HORIZONTAL PRESSURE @ 160 PSI 127 118` 108 SAMPLE HEIGHT (INCHES) 2.40 2.31 2.55 EXUDATION PRESSURE (PSI) 159.1 290.4 429.6 CORRECTED R-VALUE 16.6 22.9 31.2 UNCORRECTED R VALUE 17.3 24.8 31.2 R-VALUEi,lp 300 PSI EXUDATION PRESSURE _ 23 100 90 I 8.0 - 70 f I w 60 Q 50 I I� i 40 I i 30 � I I 20 10 I I 0 0 100 200 300 400 500 600 700 800 EXUDATION. PRESSURE - PSI O p \° O dLO¢f r � N rM p' p W Q iV M W W J W w LU z Q Ca -i D m Z O -i fn Z -j .Z uj CD Q O F.Q.. U) O m Q y J W w Q � � u� > M > 0_ W f" U_ > C.)n.Y}w w m F _ o >w = >� W z h J J J w ro Q N X Q OfJ cc .J Q Z g W F- w > > O ~ u. p O U ? w w v N co J V O p O o O O 0 (.�j r Ln 0 Lo Ln N r 0) 0 C ((D D O M r 7 N r � M N :: O 0V O N 7" m Z Z m;, F= r O (n (n Q LLI .. w 2 } `s a z } W z} F .O J h H -J D U I1J J W W .Z - m llmQ1 LL W d CO m lL (� W g Q D > wi t(n (L O U W a o a Y} o O �p 0 U> COo U 0, � J O (n Q co w U` w Q 0 Z 'J J= 7 J Q J Z 0 wo Q._.w z QLU Oof O U 0 ofO� p? _ U p N o J v N COV w (D v O W Q v _ (J O Z _ Q U z W > m - M M M O O �t co N N (O N r LO r- co M (O J J 0 0 0 0 O C 0 �- ;.I N Z W QZ a0 pqa f K O C J q O 9 w 9 W W W ju 0 O r>< N aO XUa Ur N N U XU LL y ( LL N a u� m y 0 FW- �¢ U LL K LL C K W U) f � La7 N ai ai VOi W O cc O a s a a m 0a N IL - a a (9 a a �' a w a a O ta T O O o O O O O O O ('i 4 vi (h (D O FO- `7 r V r 'ITr � V R V V r O O O O O O O Q m U > � > > N R a N M a n :D y M Q Q No Text GEOTECHNICAL ENGINEERING REPORT - APPENDIX C No Text �. DRILLING AND EXPLORATION DRILLING & SAMPLING SYMBOLS: JR : Ring Barrell - 2.42" 1.D., 3" O.D., unless otherwise noted " SS: Split Spoon - 1 I.D., 2" O.D., unless otherwise noted ST : Thin -Walled Tube - 2" O.D., PS : Piston Sample unless otherwise noted PA : Power Auger WS : Wash Sample 1 HA: Hand Auger FT ;Fish Tail Bit DB : Diamond Bit = 4", N, B RB : Rock Sit AS: Auger Sample BS : Bulk Sample BS HS.: Hollow Stem Auger :Pressure Meter DC :Dutch Cone WB : Wash Bore Penetration Test: Blows per foot of a 140 pound hammer falling 30 inches on a 24nch O.D. split spoon, except where noted. J WATER LEVEL MEASUREMENT SYMBOLS: WL : Water Level WS :While Sampling WCI : Wet Cave in WD :While Drilling _! DCl : Dry Cave in BCR : Before Casing Removal AB :After Boring ACR : After Casting Removal AWater•levels indicated. on the boring logs are the levels measured. in the borings at the time indicated. Jn pervious soils, the indicated levels may reflect the location of groundwater. In low permeability soils, the accurate determination of groundwater levels is not possible with only short term observations. DESCRIPTIVE SOIL CLASSIFICATION: Soil Classification is based on the Unified Soil Classification system and the ASTM Designations D-2487 and D-2488. Coarse Grained Soils have more than 50% of their dry weight retained on a #200 sieve; they are described as: boulders, cobbles, gravel or sand. Fine Grained Soils have less than 50% of their dry weight retained on a #200 sieve; they are described as: clays, if they are plastic, and silts if they are slightly plastic or non -plastic. Major constituents may be added as modifiers and minor constituents may be added according to the relative proportions based an grain size. In addition to gradation, coarse grained soils are defined on the basis of their relative in -place density and fine-grained soils on the basis of their consistency.. Example: Lean clay with sand, trace gravel, stiff (CL); silty sand, trace gravel, medium dense (SM). ;! 4. CONSISTENCY OF FINE-GRAINED SOILS: RELATIVE DENSITY OF Unconfined Compressive COARSE -GRAINED SOILS: Strength, Qu, psf Consistency COARSE-GRAINED Relative Density < 500 Very Soft 0-3 Very Loose 500 - 1,000 Soft 4-9 Loose 1,001 - 2,000 i Medium 10-29 Medium Dense 2,001 - 4,000 Stiff 30-49 - Dense 4;001.- 8,000 Very Stiff 50-80 Very Dense 81001-18,000 Very Hard 80+ Extremely Dense RELATIVE PROPORTIONS OF J SAND AND GRAVEL GRAIN SIZE TERMINOLOGY Descriptive Term(s) Major Component (of Components Also Percent of of Sample Size Range Present in Sample) Dry Weight Boulders Over 12 in. 1300mm) Trace < 15 Cobbles 12 in. to 3 in. With 15 - 29 1300mm to 75mm) Modifier > 30 Gravel 3 in. to #4 sieve RELATIVE PROPORTIONS OF FINES Sand (75mm to 4.75mm) #4 to #200 sieve Descriptive Term(s) (4.75mmto 0.075mm) (of Components Also Percent of Silt or Clay Passing 11200 Sieve Present in Sample) Dry:Weight (0.075mm) Trace < 5 With 5-12 Modifier > 12 �rerracon LABORATORY TESTS SIGNIFICANCE AND PURPOSE TEST SIGNIFICANCE PURPOSE California Used to evaluate the potential strength of subgrade soil, Pavement Bearing subbase, and base course material, including recycled Thickness Ratio materials for use in road and airfield pavements. Design 1 Consolidation Used to develop an estimate of both the rate and amount of Foundation both differential and total settlement of a structure. Design Direct Used to determine the consolidated drained shear strength of Bearing Capacity, -' Shear soil or rock. Foundation Design & . Slope Stability Dry Used to determine the in -place density of natural, inorganic, Index Property Density fine-grained sails. Soil Behavior Fxpansion Used to measure the expansive potential of fine-grained soil Foundation & Slab -( 1 and to provide a basis for swell potential classification. Design Gradation Used for the quantitative determination of the distribution of in Soil Classification particle sizes soil. Liquid & Used as an integral: part -of.-engineering classification systems Soil Plastic Limit, to characterize". the fine-grained. fraction- of•soils, and to Classification Plasticity specify the, fine -grained" -fraction of -construction materials. index PermeablPity • --Used to. determine .the capacity of soil or rock to conduct a Groundwater liquid or gas. Flow Analysis. _ pH Used to determine the degree of acidity or alkalinity of a soil. Corrosion Potential, Resistivity Used to indicate the relative ability of a soil medium to carry Corrosion electrical currents. Potential R-Value Used to evaluate the potential strength of subgrade soil, Pavement .... subbase, and base course material, including recycled Thickness materials for use in road and airfield pavements. Design _ Soluble Used to determine the quantitative amount of soluble Corrosion Sulphate sulfates within a soil mass. Potential Unconfined To obtain the approximate compressive strength of soils that Bearing Capacity Compression possess sufficient cohesion to permit testing in the Analysis unconfined state. for Foundations Water Used to determine. the quantitative amount of water in a soil index Property Content mass. Soil Behavior REPORT TERMINOLOGY (Based on ASTM D653) Allowable Soil The recommended maximum contact stress developed at the interface of the Bearing Capacity foundation element and the supporting material. Alluvium Soil, the constituents of which have been transported in suspension by flowing water and ksubsequently deposited by sedimentation. Aggregate Base A layer of specified material placed on a subgrade or subbase usually beneath slabs Course or pavements. Backfill A specified material placed and compacted in a confined area. Bedrock A natural aggregate of mineral grains connected by strong and permanent cohesive forces. Usually.requires drilling, wedging, blasting or other methods of extraordinary force for excavation. Bench A horizontal surface in a sloped deposit. Caisson (Drilled pier A -concrete foundation element cast in a circular excavation which may have an or Shaft) enlarged base. Sometimes referred to as a cast -in -place pier or drilled shaft. Coefficient of A constant. proportionality factor relating normal stress and the corresponding shear Friction stress at which sliding starts between the two surfaces. Colluvium Soil, the constituents of which have been deposited chiefly by gravity such as at the foot.of a slope or cliff., Compaction !` The densificatio.n, of<a. soil by.means-of.mechanical manipulation. Concrete: slab -on- A concrete surface layer cast directly upon abase, subbase or subgrade, and Grade typically used as a floor system. Differential. Unequal settlement or heave between, or within foundation elements of a Movement structure. Earth Pressure ESAL Engineered kill Equivalent Fluid Existing Fill for man- made fill) Existing Grade The pressure or force exerted by soil on any boundary -such as a foundation wall. Equivalent Single Axle Load, a criteria used to convert traffic to a uniform standard, 08,000 pound axle loads). Specified material placed and compacted to specified density and/or moisture conditions under observations of a representative of a geotechnical engineer. A hypothetical fluid having a unit weight such that it will produce a pressure against a lateral support presumed to be equivalent to that produced by the actual soil. This simplified approach is valid only when deformation conditions are such that the pressure increases linearly with depth and the wall friction is neglected. Materials deposited through the action of man prior to exploration of the site. The ground surface at the time of field exploration, 1rerracon REPORT TERMINO OGif (Based on ASTM D653) Expansive Potential The potential of a soil to expand (increase in volume) due to absorption,of moisture. Finished Grade The final -grade created as a part of the project. Footing A portion of the foundation of a structure that transmits loads directly to the soil. Foundation The lower part of a structure'that transmits the loads to the soil or bedrock. Frost Depth The depth of which the ground becomes frozen during the winter season. Grade Beam A foundation element or wall, typically constructed of reinforced concrete, used to span between other foundation elements such as drilled piers. Groundwater Subsurface water found in the zone of saturation of soils, or within fractures in -bedrock. Heave Upward movement. Mthologic The characteristics which describe the composition and texture of soil and rock by observation. Native Grade The naturally occuring ground surface. Native Say Naturally occurring on -site soil, sometimes referred to as natural soil. Optimum Moisture The water::content atwhich: a. soll .can be.:compacted to a maximum dry unit Content. - weight by --a- given compactive. effort.. . Perched Water ! Groundwater, usually of limited area maintained above a normal water elevation by the presence of an intervening relatively impervious continuing stratum. Scarify To mechanically loosen soil or break down existing soil structure. Settlement Downward movement. Skin Friction (Side The frictional resistance developed between soil and an element of structure such Shear) as a drilled pier or shaft. Soil (earth) Sediments or other unconsolidated accumulations of solid particles produced by the physical and chemical disintegration of rocks, and which may_ or may not contain organic matter. Strain The change in length per unit of length in a given"direction. Stress The force per unit area acting within a soil mass. Strip To remove from present location. Subbase A layer of specified material in a pavement system between the subgrade and base course. Subgrade The soil prepared and compacted to support a structure, slab or pavement system. � 1rerracon --1= UNIFIED SOiL CLASSIFICATION SYSTEM Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests"' Coarse -Grained Gravels more than Clean Gravels Less - Soils more than 50% of coarse than 5°% finesc Cu > 4 and 1 < Cc <3E 50% retained on fraction retained on No, 200 sieve No. 4 sieve - Cu < 4 and/or 1 > -Cc > 3a Gravels with Fines more than 12°% finesc Fines classify as ML or MH Fines classify as CL or CH Sands 50% or more Clean Sands Less Cu > 6 and 1 < Cc < 3" of coarse fraction then 5% fines" passes No. 4 sieve Cu < 6 and/or 1 > Cc > 3" Sands with Fines Fines classif Groupm Svh"t Gratrp Name° GW Well -graded gravel' GM Silty gravel,G,H SW Well -graded sand' more than 12% fines° Y.as ML or MH Pines Classify as CL or CH SM SC Silty sando•KI Clayey sand°"' Fine -Grained Sails 50% or more Slits and Clays Liquid limit less inorganic P) > 7 and plots on or above "A line' CL Lean clay"+-'" passes the No. 200 sieve than 50 PI < 4 or plots below "A" line' ML SittK' organic Liquid limit - oven dried Organic clay"XNA . < 0.75 Liquid limit - not dried OL Organic silt'C4"'•o Silts and Clays Liquid limit 50 inorganic PI plots on or above "A" line CH Fat clayx�" or more PI lots below "A" line MH Elastic S11tKl-I.6 organic Liquid limit - oven dried Organic ciay"W < 0.75 Liquid limit - not dried OH Organic slitx'-6tie Wghly.organic sails Primarily organic matter, dark in color, and organic odor P ABased on the material passing the 3-in. (75-mm) sieve elf field sample contained c6bbies or a(- • 'DeoID1O Cc - ° D10 X D60 boulders, or. both; add "whip cobbles or boulders, or both" to group name. cGravels..with.5 to 12%.fines require dual Rf sail contains > 15% sand, add "with symbols: sand" to group name. GW-GM well -graded gravel with silt elf fines classify as CL-ML, use dual symbol GW-GC well -graded gravel with clay GP -ATM GC -GM, or SC-SM. "If poorly graded gravel with silt GP -GC poorly graded gravel with clay fines are organic, add "with organic fines" lc group name. an °Sds with 5 to 12% fines require dual 'if sal contains > 15% gravel, add "with symbols; SW-SM well -graded sand with silt gravel" to group name. 'lf Atterberg limits plot in shaded area, soil is SW -SC weft -graded sand with clay a CL-ML, silty clay. SP-SM poorly graded sand with silt SP•SC poorly graded sand with clay fa 50 v, x w O 2 >D F U � to I to T 0 T Peat 'If soil contains 15,10 29°% plus No. 200, add .with sand" or "with gravel", whichever Is Predominant. LIf sail contains > 30% plus No. 200 predominantly.sand, add "sandy" to group name. 'if soil contains > 30% plus No. 200, predominantly gravel, add "gravelly" to group name, "PI > 4 and plots on or above "A" line. On < 4 or plots below "A" line. tPl plots on or above ""A" One. aPl plots below "A" One. I rvr elvsi.ysdfan of IMs-ynlna ,"b "M IN"--yynlnM Ir"a14n "I yrvieM oNla 1 �i.:%• ' " I s1LL ly Ins "L 'MH oR OH + I �X `Z I IcL-""� i ML oR OL o to Is :G A 40 so 70 ao m too IM LIQUID ISaIrr (LL) Iferracon Chlorination System Improvements Construction of a new 11 feet wide by 25 feet long by 6 feet deep concrete chlorine contact basin with perimeter handrail, a new chlorine solution pump and appurtenances for the wastewater treatment plant in Pierce. Owner: Town of Pierce 240 Main Street Pierce, CO 80650 Contact: Steven Butherus, Project Manager Ketterling, Butherus and Norton Engineers LLC 820 8th Street Plaza, Greeley, CO 80631 970-395-9880 Contract: $33,811,50 Change Orders: none Own Forces: 95% Completion: June, 2002 Colorado State University Equine Center Detention Pond Construction of a 6 acre-foot earthen retention pond including excavation, sitework, seeding, sluice gate, portable slurry pump and irrigation sprinkler. Owner: Colorado State University Facilities Services Fort Collins, CO 80523 Contact: Jim Stoddard, Project Manager, 491-0138 Contract: $154,410.00 Change Orders: none Own Forces: 94% Completion: August, 2002 RECOMMENDED PREVENTATIVE MAINTENANCE POLICY FOR ASPHALT CONCRETE PAVEMENT'S, Distress T e Alligator Cracking Distress Severit Low Recommended Maintenance None Distress T e latching & Utility out Distress Sever Low Recommended Maintenance None Patching Medium Full -Depth Asphalt Concrete Patch Medium Full -Depth Asphalt Concrete Patch Hih High Bleeding Low None Polished Aggregate Low None Block Cracking Medium Surface Sanding Potholes Medium High Low Shallow AC Patch None High Low Fo Seai Shallow AC Patch Medium Clean & Seal All Cracks Medium Full -Depth Asphalt Concrete Patch High High Bumps & Sags Low None Railroad Crossing Low No Policy for This Project Medium Shallow AC Patch Medium High Full -Depth Patch High Corrugation Low None Rutting Low None Medium Full -Depth. Asphalt Concrete. Medium Shallow AC Patch Patch I High High- Full -Depth Patch Depression 0. Low. None =: w Shoving Low None Medium t' Shallow-AC'Patch Medium Mill & Shallow AC Patch High Full -Depth Patch High 'Edge Cracking Low None Slippage Cracking- Low None Medium Seal Cracks Medium Shallow Asphalt Concrete Patch High Full -Depth Patch High Joint Reflection Low Clean & Seal Swell Low None All Cracks Medium Medium Shallow AC Patch High Shallow AC Patch High Full -Depth Patch Lane/Shoulder Drop -Off Low None Weathering & Ravelling Low Fog Seal Medium Regrade Medium Shoulder High Hl h Longitudinal & Low None Transverse Cracking Medium Clean & Seal All Cracks Hi h Irerracon RECOMMENDED 'REVEN ATIVE MAINTENANCE POLICY FOR JOINTED CONCRETE PAVEMENTS Distress T e Blow-up Distress Severi Low Recommended Maintenance None Distresa T e Polished Aggregate Distress Severi No Severity Levels Defined Recommended Maintenance GrOOVQ Surface or Overlay Medium Full -Depth Concrete Patch/ Slab Replacement Hi h Corner Break. Low Seal Cracks Popouts . No severity None Levels Defined Medium Full -Depth Concrete Patch High Divided Slab Low Seal Cracks Pumping No Severity Levels Undersea], Seal.cracks(joints and Defined Restore ' Load Transfer Medium Slab Replacement High Durability Cracking Low None Punchout Low Seal Cracks Medium Full -Depth Patch Medium Full -Depth Concrete Patch High Stab Replacement Hi h Faulting Low None: Railroad Crossing Low No Policy for this Project V Medium Grind . Medium High High Joint Seal i ; Low None Scaling Map Cracking Low None Crazing Medium Reseal, Joints Medium Slab Replacement, Full -depth Patch, or'Overlay ' High Hih LanelShoulder Drop-off Low Low Regrade and Shoulders to Match Shrinkage Cracks No Severity Levels None Lane Height Defined Medium High Linear Cracking Longitudinal, Transverse and Low Clean & Seal all Cracks Spelling (Corner) Low None Diagonal Cracks Medium Medium Partial -Depth Concrete Patch High Full -Depth Patch High Large Patching and Utility Cuts Low None Spelling (Joint) Low None Medium Seal Cracks or Replace Patch Medium Partial -Depth Patch High High Reconstruct Joint Small Low None Patching Medium Replace Patch High Irerracon No Text Coover-Clark & Associates P.C. i� Architects/Planners/Landscape/Interiors 455 Sherman St., Suite 205 Denver Colorado 80203 (303) 743-0040 Fax: 783-0060 / E-Mail: webmail(acoover-clark com ADDENDUM #1(1 page) CSU Transit Phase IA Colorado State University, Ft. Collins, CO. Sept. 03, 2003 LANDSCAPE DRAWING: 1. SHEET LLO: ITEM #1:.New enclosure for Scorpio unit attached to existing building. Enclosure: Hoffman enclosure C-SD-16168 Back Panel: Hoffman Back Panel C-P1616 This information supercedes specifications. END OF ADDENDUM No Text Coover-Clark & Associates, P.C. i Architects/Planners/Landscappe/Interiors 455 Sherman St., Suite 205 Denver Colorado 80203 r (303) 743-0040 Fax: 783-0060 / E-Mail: webmail(a coover-clark.com ADDEND UM#3 (1 page) CSU Transit Phase 1A. Colorado State University, Ft. Collins, CO. Oct. 06, 2003 LANDSCAPE DRAWING: 1. SHEET A1.0: ITEM #1: Detail #4-List of acceptable manufactures for fence enclosure added in specifications, therefore the Ameristar Aegis Plus note in this detail is only an option. This information supersedes specifications. END OF ADDENDUM No Text Nick Davidson, Inc. Remodel Remodeling of existing building for detailing, parts storage, and wash bay for auto dealership. Scope of work included landscaping, site concrete, masonry, interior finishes, overhead doors, roofing, heating, air conditioning, and electrical. Owner: Nick Davidson, Inc 1604 North Lincoln Avenue Loveland, CO 80538 Contact: Joe Gebhardt, owner, 970-667-3950 Contract: $270,002.00 Change Order: four Add $30,321.27 Own Forces: 58% Completion: August, 2002 Lower Hoffman Lake Spillway / Outlet Modification Project Demolition and removal of existing bridge abutments and spillway outlet structure including dewatering. Construction of structural concrete and reinstallation of bridge and sluice gate. Removal and replacement of concrete bike path and riprap. Owner: Seven Lakes Reservoir Company 808 23rd Avenue, Greeley, CO Contact: John Gauthiere, Engineer, 970-330-0855 Gauthiere Engineering 2157 Buena Vista Drive Greeley, CO 80634 Contract: $103,135.07 Change Orders: none Own Forces: 100% Completion: October, 2002 Douglas Lake Boat Dock Installation and construction of floating boat docks, concrete approach and support ramps, pedestrian pathway, and wood retaining wall. Owner: State of Colorado Division of Wildlife 6060 North Broadway Denver, CO 80216 Contact: Kay Sinclair, Project Manager, 970-472-4433 Contract: $89,256.00 Change Order: two Add $8,842.75 Own Forces: 100% Completion: October, 2002 Benner Office Building Subcontracted a portion of the work for the construction of the office building at 3760 East 15th Street, Loveland, CO. Scope or work included all excavation, utilities and site concrete for phase 2 including the completion of 15th Street and building concrete. Owner: Benner Holdings, LLC Loveland, CO Contact: Jeryl Benner, Manager, 970-566-9778 Benner Development Company, LLC 3053 Nature Run Loveland, CO 80537 Contract: $109,017.00 Change Orders: one Add $373.00 Own Forces: 100% Completion: October, 2002 Johnstown Ready Mix Batch Plant Construction of new concrete batch plant facility including excavation and site work, caissons, foundation, construction of pre-engineered metal building, mechanical, electrical, interior finishes, and construction of a truck washing facility. Owner: Loveland Ready Mix Concrete, Inc. PO Box 299 Loveland, CO 80539 Contact: Steve Fancher, VP, 970-667-1108 Contract: $323,152.00 Change Orders: three Deduct: ($4,179.68) Own Forces: 61% Completion: October, 2002 Annual Trial Gardens Shade Structure Construction of a custom metal structure and roof system for Colorado State University shade gardens. The project included sitework, concrete foundation, brick veneer and colored patterned concrete walkways. Owner: Colorado State University 365 Aylesworth Hall Southeast Fort Collins, CO 80523 Contact: Cass Bietler, Project Manager, 970-491-0158 Facilities Management Colorado State University Fort Collins, CO 80523 Contract: $165,480.33 Change Orders: three, Add: $46,507.33 Own Forces: 42% Completion: January, 2003 G.L. Hoff Company 2001 Projects Elkhorn Retail Shops Construction of a new, two story, 16,000 square foot retail building in Estes Park. The scope of work included contaminated soil remediation, foundation, utility lines, building construction, rough in for twelve retail units, exterior finishes, elevator, mechanical and electrical. Owner: Ed Grueff, 970-586-5421 3225 Devils Gulch Road Estes Park, CO 80517 Contact: owner Contract: $11363,217 .00 Completion: November, 2001 Edora Skate Park Construction of a new concrete, in ground, skate board park with flat and vertical curved concrete work. Scope of work included excavation, structural steel, and shotcrete work. Owner: City of Fort Collins 256 West Mountain Avenue Fort Collins, CO 80521 Contact: Jason Stutzman, 970-221-6366 Park Planning and Development Contract: $347,846.00 Completion: August, 2001 East Drive to Center Street Steam Loop Construction of concrete trench and installation of steam piping for Colorado State University. Scope of work included excavation, structural concrete, and mechanical work. Owner: Colorado State University 365 Aylesworth Hall Southeast Fort Collins, CO 80523 Contact: Cass Beitler, Project Manager, 970-491-0158 Contract: $702,443.00 Completion: August, 2001 Pella Crossing Irrigation System Improvements Installation of a new submersible pump and guide rail system and construction of a new set well and piping. Scope of work included removal of existing lake pump, wet well, catwalk and discharge piping, and installation of meter pit, discharge line, suction line, intake screen, slide gate, and sitework. Owner: Boulder County 2040 14th Street Boulder, CO 80302 Contact: Kenneth V. Sjodin, 720-622-0109 Boulder County Parks and Open Space Contract: $92,305.85 Completion: May, 2001 George Rist Dam Rehabilitation Project Construction of new outlet structure, repair of damaged section of dam and replacement of riprap. Scope of work included excavation, sitework, structural concrete and pipeline installation. Owner: City of Loveland 500 East Third Street Loveland, CO 80537 Contact: Rod Chapman, Project Manager, 970-962-2454 Contract: $157,918.00 Completion: July, 2001 Geist Reservoir Dam Rehabilitation Project Repair of dam and outlet. Scope of work included construction of coffer dam and excavation for new outlet, installation of outlet, upstream and downstream headwalls, sluice gate, staff gage and trash rack, removal and replacement of existing spillway culvert, raise top of dam, and set riprap. Owner: Frank Walsh PO Box 30 Sterling, CO 80751 Contact: David Marsh, Project Engineer, 970-490-2620 Smith Geotechnical Engineering Consultants Contract: $37,895.25 Completion: February, 2001 CONTRACT DOCUMENTS TABLE OF CONTENTS Section BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 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 CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment FEDERAL FORMS SPECIFICATIONS Pages 00020-1 - 00020-4 00100-1 - 00100-8 00300-1 - 00300-3 00400-1 00410-1 - 00410-2 00420-1 - 00420-3 00430-1 00500-1 00510-0 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00660-1 00670-1 - 00670-2 00700-1 - 00700-34 GC -Al - GC-A2 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-2 Sheldon Lake North Shore Construction of concrete and crusher fines pavement and access ramp. Install a stone cap on the existing wall, and provide furnishings and related site work for the north shore of Sheldon Lake. Owner: City of Fort Collins 215 North Mason Street Fort Collins, CO 80521 Contact: Hetty Bixby, Project Manager, 970-416-2192 Contract: $84,180.00 Completion: December 2001 Loveland Financial Center Subcontractor to Big T Construction for construction of the site grading, site concrete and parking lot at the new commercial building. Owner: Loveland Financial Center West 37th Street, Loveland, CO 80538 Contact: Jasper Johnson, Bid T Construction, 970-635-0503 Contract: $68,272.00 Completion: December 2001 G.L. Hoff Company Construction Experience Gregory L. Hoff, President and Construction Manager For the past thirty years, Greg has been involved with all aspects of construction. Greg established G.L. Hoff Company in 1984. Serving as president and project superintendent, Greg is a driving force in the company. Graduating from Northeastern Junior College in 1972 with a degree in Civil Engineering Technology, his early work included surveying and architectural design and drafting. He has held a Class B Commercial Contractor's License with the City of Fort Collins since 1976. Currently, Greg is a licensed contractor in the cities of Loveland, Fort Collins, and Boulder. Prior to 1984, Greg worked with Al Hockett, Inc. initially as an architectural draftsman and progressing to project superintendent. He was also a partner in H&M Builders from 1976 to 1980. This company specialized in custom homes, tenant finish and custom millwork. Beginning in 1984, Greg established G.L. Hoff Company, a commercial general contracting company which specializes in all types of commercial construction including sitework, excavation, structural concrete, and commercial buildings. As president and construction superintendent for G.L. Hoff Company, Greg supervises a wide variety of projects including, schools, churches, city and government projects, city park developments, as well as many light industrial and concrete construction jobs. Greg oversees project scheduling, review of construction procedures and specifications, monitors quality control and safety enforcement on job sites. As president and construction supervisor, Greg works closely with project owners, architects and engineers throughout the project. Greg is an active member of the Loveland construction community. He has volunteered his time to the Loveland Construction Advisory Board for over 15 years. While serving as Chairman, this Board, the city adopted licensing for contractors. He is currently serving on a review committee to study the International Building Code prior to adoption by the City of Loveland. Joel S. Reger, Estimator and Project Manager Joel has a Bachelor of Science Degree in Construction Management from Colorado State University and seventeen years experience in the construction field. He has continued his education with estimating seminars including training with American Building Company's estimating Access workshop. He is also an active member of the Sigma Lambda Chi honorary national construction fraternity. During the past thirteen years, as the chief estimator with G.L. Hoff Company, Joel has compiled bids and development estimates for projects valued at up to five million dollars. As chief estimator, he directs the project bidding process as well as the review of specifications. He also works directly with project management, coordinating proposal requests and change orders with the architect or owner, overseeing material orders to insure that the project is completed in a timely manner and according to specifications. Joel is an important and effective member of every Design -Build project with G.L. Hoff Company. He works closely with the owner and architect to understand project goals and provide detailed project budgets and construction options to meet the owner's needs. William L. Vance, Project Superintendent Bill brings over twenty six years of experience in construction related fields to his position as project field supervisor. His background includes heavy equipment operating, truss construction, carpentry, and cost estimating. He also has experience in both commercial and residential property development from site work and utility lines through finish carpentry. Bill has built over five hundred new homes as well as several light commercial properties. He has supervised many projects with G.L. Hoff including the Elkhorn Retail Shops, and the ATI Remodel and Addition. His commanding knowledge of construction methods enables Bill to be an effective field superintendent. SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR 7/96 Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510Notice of Award 00520 Agreement 00530Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: November 18, 2003 TO: G. L. Hoff Company, Inc. PROJECT: CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE 1A; Bid No. 5823 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated October 13, 2003, for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE 1A; Bid No. 5823. The Price of your Agreement is Two Hundred Eight Thousand Seven Hundred Sixty-one Dollars ($208,761.00). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by December 3, 2003. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins R e I By James B. O'Neill II, CPPO, FNIGP Dire�tor of Purchasing And Risk Management itle 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 18th day of November in the year of 2003 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and G. L. Hoff Company (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 furnishing all labor, materials, tools, equipment, services, and incidentals for parking improvements at the Lory Student Center on the Colorado State University campus. The Work includes site excavation and demolition, grading, landscaping, irrigation system, fencing, and electrical lighting on site and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Coover-Clark, 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 All work excluding Landscaping and Irrigation shall be Substantially Complete by January 20, 2004 as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions by February 19, 2004. Landscaping and Irrigation shall be Substantially Complete by April 30, 2004 as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions by May 30, 2004. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 9/12/01 Section 00520 Page 1 1) Substantial Completion: Three Hundred Dollars ($300.00) for each calendar day or fraction thereof that expires after January 20, 2004 for all work excluding Landscaping and Irrigation, and after April 30, 2004 for Landscaping and Irrigation until the Work is Substantially Complete. 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: ($208,761.00), Two Hundred Eight Thousand Seven Hundred Sixty-one 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 paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in 9/12/01 Section 00520 Page 2 accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 9/12/01 Section 00520 Page 3 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 7.2.5Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: C1.0-Cover Sheet, C2.0 Topographic Survey, C3.0-Demolition Plan, C4.0 Site Plan, C4.1-Striping and Signage Plan, C5.0-Grading Plan, C6.0-Details, C6.1-Details, A1.0-Fence Plan, E1.0-Electrical Plan, L1.0-Landscape Plan. The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, 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 9/12/01 Section 00520 Page 4 SECTION 00020 INVITATION TO BID. 07/2001 Section 00020 Page 1 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 nFORT COLLINS By: JOHN F. ISCH�BA. �h� CITY A BY: JAMES B. O'NEILL II, CPPO, FNIGP D CTOR OF PURCHASING AND RIS I$ M�N14 f&t Date: [� ing notices: Fort Collins, CO 80522 Approved as to Form Assi nt City Attorney 9/12/01 Title: President Date: 12-01-2003 (CORPORATE SEAL) AttestA' iriam T. Hoff, S cret Treasurer Address for giving notices: P.O. Box 7448 Loveland, CO 80537 LICENSE NO.: B-6 Section 00520 Page 6 SECTION 00600 BONDS AND CERTIFICATES 00610Performance Bond 00615Payment Bond 00630Certificate of Insurance 00635Certificate of. Substantial Completion 00640Certificate of Final Acceptance 00650Lien Waiver Release (CONTRACTOR) 00660Consent of Surety 00670Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. S298483 KNOW ALL MEN BY THESE PRESENTS: that (Firm) G. L. Hoff Company (Address) 1815 W. 12th St., Loveland CO 80537 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. Box 370010, Denver, CO 80237 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 $2081,761 00 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 where s the Principal entered into a certain Agreement with the OWNER, dated the 20 IS day of �e�yPr a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE IA; Bid No. 5823. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its Ll 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 I 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 �l PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates ^j and agrees that no change, extension of time, alteration or addition to the terms l 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 on 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 1 business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) cRunterparts, each one of which shall be deemed an original, this /J/- day of 2OJj. IN PRESENCE • (Corporate Seal) ;IN .PRESENCE OF: IN PRESENCE OF: 4PWitntes Principal G. H6ff Com an_ p T it e 1815 W. 12th St., Loveland, CO 80537 (Address) Other Partners By: By: Surety Em loyers Mutual Casualty Company By: � A o a „Z( , Attorne -in-F t gW. P.O. Box 370010, Denver,.CO 80237 (Address) �I (Surety Seal) -� 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 .1..1 ..Y SECTION 00615 PAYMENT BOND Bond No. S298483 KNOW ALL MEN BY THESE PRESENTS: that (Firm) G.-L. Hoff Company (Address) 1815 W. 17thSt., Loveland.Co 80537 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. Box 370010 Denver CO 80237 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 $208,761.00 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement With the OWNER, dated the 1$ A day of 11e0B01de� , 20hl, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE 1A; Bid No. 5823. 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 /I/- day off 20 vj IN PRESENCE OF: PrineiG I off Company )7— 14 By: Xlif' IY.Geh (Title) 1815 W. 12th St., Loveland, CO 80537 (Address) (Corporate Seal) IN PRESENCE OF: Other Partners 1i IN PRESENCE OF: Surety Empl yers Mutual Casualty Company By: A Ae a Witness P 0 Box 370010, Denver, CO 80237 (Address) (Surety Seal) j NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR J is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 1 1EMC Insurance Companies- 5 $ P.O. Box 712 - Des Moines, to 50303-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North. Dakota; Corporation 2, EMCASCO Insurance Company, an Iowa Corporation 6, EMC Property & Casualty 3 Company, an Iowa Corporation Union Insurance Company of Providence, an Iowa Corporation 7. The Hamilton Mutual Insurance _Company, an Ohio Cor poration 4. Illinois: EMCASCOrinsurance Company, an Iowa Corporation s. inofter raferred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: CHRIS RICHMOND, RUSSELL MICHELS, DARLENE KRINGS, DIANE CLEMENTSON, INDIVIDUALLY, FORT COLLINS, COLORADO..... 'I. its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows; IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS ......... ......................... ........ ($10,000,000;00) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorrigpursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2006 unless sooner revoked. f AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomeyis made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scneduted meeting of each'company duly called and held in 1999: rlRESOLVED: The President and Chief. Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such atlorney-in-fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, reoDgnizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon. this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter„wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN WHEREOF, the Co es have caused these gifts to be signed for each by their officers as shown, and the Corporate seals to be. hereto affixed this _day of ry . Seals ' �"' p INSbq `'vcE:eo o ••'jva �''•., Bruce G. Kelley, Chairman J ey.S. Birdsley s� Pop q2 , oe" 'a'Pd' Fq ;as?,PpRq ,qs� of Companies 2, 3, 4, 5 & 6; resident Assistant Secretary S q, ^ - 5 U° "q. o = ° q%= 9 = of Company 1; Vice Chairman and SEAL =b: 18,63 1953low <" CEO of Company 7 Zo`AI[I \I \!� .Il, It • .�,I I\, •\ r I , .......On this 1'7th day of January AD 2003 before me a gURAry� `�*pSURgN�, ``01J UA Notary public m and for the State of Iowa, personally a ...........°o es „\\,,,", ys ry p y appeared Bruce G Kelley and Jeffrey S. Birdsley, who, being by me duly swom, did say that they are, and.. are known to me to be the = Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of W ; SEAL '?, d SEAL =�= SEAL %z : W : o ; each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies �OWP RtA oPN° 'y �011yW� ° by authority of their respective Boards of Directors;.. and that the said. Bruce G. Kelley and Jeffrey'S. Birdsley, as such officers, acknowledge the execution of said instrument to be the ID voluntary act and deed of each of the Companies. My Commission Expires September 30, 2003. RUTA KRUMINS 'f Commission Number 176255° T w MY Comm. Exp. Scot. 30. 2003 Notary Public in and for the State of Iowa CERTIFICATE I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the ki thitBnwar of Attnrnav i"jwrl miminnt therntn nn January 17, 2003 On Denali Or]are true and correct and are still in full force and effect. In Testimony iNhereoi I have subscribed my name and affixed the facsimile seat of each Company this _ day of Vice -President SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 ACORDT CERTIFICATE OF LIABILITY INSURANCE 1AT21/03D�) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4821 Wheaton Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 270370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins, CO 80527 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Travelers Insurance G.L. Hoff Co. INSURER B: Pinnacol Assurance Loveland, CO 80537 W 12th Street; P.O. Box 7448 INSURERc: Fireman's Fund Insurance, Co. Lov INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDDM/ POLICY EXPIRATION DATE IMM/DD/YYI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR DTC0324D9364 TIL03 01/01/03 01/01/04 EACH OCCURRENCE $1000000 X DAMAGE TO RENTED REMISES Me occurrence) $300 000 MED EXP (Any one person) $5 000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $2 00O 000 GEN'L AGGREGATE LIMIT APPLIES PER: - POLICY X PROEl JECT LOC PRODUCTS - COMP/OP AGG $2000000 A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON-OWNEDAUTOS DT810784F8171 TIL03 01/01/03 01/01104 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ X BODILY accident) (Per accident) $ X PROPERTY DAMAGE (Per accident) $ ALLA TY tXCESS/UMBRELLALIABILITY CLAIMS MADE so DTSMCUP324D9364 TIL03 01/01/03 01/D1/04 AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG EACH OCCURRENCE $ $ $2 000 000 AGGREGATE $2000000 $ B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yyes, describVIe untler SPECIALPROSIONSbelm OTHER Builders Risk 2242590 MX198468383 01/01/03 01/01/03 01/01/04 01/01/04 X WC STATU- OTH- E.L. EACH ACCIDENT $500000 E.L. DISEASE - EA EMPLOYE $500,000 E.L.DISEASE-POLICY LIMIT $500,000 $1,500,000 Limit $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: City of Fort Collins and Colorado State University Transit Center Phase 1A; Bid # 5823 CPRTICICAYC unr non City of Fort Collins 215 N Mason Fort Collins, CO 80524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL In DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 of 2 #S264834/M235837 NIK 0 ACORD CORPORATION 1988 SECTION 00020 INVITATION TO BID Date: October 13, 2003 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 NOVEMBER 5, 2003, for the CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE 1A; Bid No. 5823. If delivered, they are to be delivered to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for all labor, materials, tools, equipment, services, and incidentals for the construction of parking improvements at the Lory Student Center on the Colorado State University campus. The Work includes site excavation and demolition, grading, landscaping, irrigation system, fencing, and electrical lighting on site. This project is Federal funded and includes all Federal requirements. The DBE goal is 3%. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 21.5 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available October 14, 2003. Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 215 North Mason St., 2nd floor, Fort Collins, Colorado, 80521 upon payment of a refundable fee of Fifty Dollars ($50.00) per set. No partial sets will be issued. The Contract Documents and Construction Drawings may be examined at: 1. City of Fort Collins, Purchasing Division. 2. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado. 3. CMD Denver Plan Room, 8878 Barrons Blvd., Highlands Ranch, Colorado 4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 5. The Plan Room, 2176 South Jasmine St. Door "E"/Suite 219, Denver, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at 1:30 p.m. on October 23, 2003, at the site at Lory Student Center on the Colorado State University campus. 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. 07/2001 Section 00020 Page 2 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE 1A; Bid No. 5823 PROJECT OR SPECIFIED PART SHALL LOCATION: INCLUDE: OWNER CONTRACTOR: Fort Collins, Colorado City of Fort Collins 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. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substan- tially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: , 20 You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work. completed by for the City of Fort Collins project, CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE 1A; Bid No. 5823. 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: CITY OF FORS' COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE 1A; Bid No. 5823. 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 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. 7/96 Section 00650 Page 1 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 By: Title: ATTEST: Secretary STATE OF COLORADO )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 2n by Witness my hand and official seal. My Commission Expires: day of Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY TRANSIT CENTER PHASE 1A; Bid No. 5823 PROJECT: CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for Surety) on bond o 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 of day (Surety Company) By 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 Insert State certificate here. DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(m) O DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials forthe exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become apart of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue, it is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) FAILURE TO ACCURATELY COMPLETEALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. State, address: Fax number contact at exempt Scheduled constriction start date: by on 0170-750 (999) $0,00 or Person. -- -- • I �I amount Tor your contract: Business telephone number. Colorado withholding tax account number. I � n Principal contacts telephone site (give actual address when applicable and Cities and/or County oes) Month Day Year Esdmated completion date: number. Month Day Year -- --. . -...--rY'y:.n•�l4ni•:.]h.^L+2YWM1`.R:'{i'RYf#aL'A�h!Y�iRi 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 of owner, partner or corporate officer. Title of corporate officer. Date: 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 Number & Title Number Number & Title 1.1 Addenda.............................................1 1.2 Agreement. ......................................... J 1.3 Application for Payment......................1 1.4 Asbestos.............................................1 1.5 Bid...................:.................................1 1.6 Bidding Documents ...........................„1 1.7 Bidding Requirements .......................... 1.8 Bonds ..:.............................................. 1.9 Change Order......................................1 1.10 Contract Documents 1.11 Contract Price......................................1 1.12 Contract Times..,.,, 1 1.13 CONTRACTOR, 1 1.14 defective ................................ ....J 1.15 Drawings............................................1 1.16 Effective Date of the Agreement ........... 1 1.17 ENGINEER.......................................1 1.18 ENGINEER's Consultant .....................1 1.19 Field Order...........................,.............1 1.20 General Requirements .........................2 1.21 Hazardous Waste 2 1.22.a Laws and Regulations; Laws or Regulations ...................................... 2 1.22.b Legal Holidays .................................... 2 1.23 Liens...................:..............................� 1.24 Milestone ............................................? 1.25 Notice of Award ,2 1.26 Notice to Proceed.:...............................2 1.27 OWNER.............................................2 1.28 Partial Utilization 2 1.29 PCBs,,,,,,,,,,,,,,,,,, 1.30 Petroleum...........................................2 1.31 Project................................................2 1.32.a Radioactive Material ............................ 1.32.b Regular Working Hours .......: ..........2 1.33 Resident Project Representative,,,,,,......2 1.34 Samples..............................................2 1.35 Shop Drawings .................................... 1.36 Specifications ...............:.................... 2 1.37 Subcontractor 2 1.38 Substantial Completion .......................2 1.39 Supplementary Conditions,,,,,,,,,,, ,,,,, 1.40 Supplier .............................. ................ 2 1.41 Underground Facilities .....................2-3 1.42 Unit Price World..................................3 1.43 Work...........................:......................3 1.44 Work Change Directive ........................ 1.45 Written Amendment Page Number 2. PRELIMINARY MATTERS :................. 3 2.1 Delivery of Bonds .............................3 2.2 Copies of Documents ........................� 2.3 Commencement of Contract ' Times; Notice to Proceed,,,,,,,,,,,,,,, 3 2.4 Starting the Work ...........................3 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Schedlles; Delivery of Certificates of Insurance .................................. 3-4 2.8 Preconstruction Conferencq 4 2.9 ............. Initially Acceptable Schedules.......... 4 3. _ CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .......................................... 3.1-3.2 Intent ............................................. 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies,,,,,, ................................. 4-5 3.4 Intent of Certain Terms or Adjectives,,,,,,,,,,,,,, ....................... 5 3.5 Amending Contract Docunents......... 5 3.6 Supplementing Contract Documents ................................. .. 5 3.7 Reuse of Documents,,,,,,,,,,,,,,,,,,,,,,,,,$ 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.........................................5 4.1 Availability of Lands 5-6 4.2 Subsurface and Physical Conditions, ................................... 6 4.2.1 Reports and Drawings,,,,,,,,,,,,,,,,,,,,,, 6 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data.............................................6 4.2.3 Notice of Differing Subsurface or Physical Conditions,,,,,,,,,,,,,,,,; 6 4.2.4 ENGINEER's Review 4.2.5 Possible Contract Documents Change. ........................................ 6 4.2.6 Possible Price and Times Adjustments...............................6-7 4.3 Physical Conditions --Underground Facilities ....................................... 7 4.3.1 Shown or Indicated;,,,,,,, 7 4.3.2 Not Shown or Indicated; ? 4.4 Reference Points 7 Ifl EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City o ort Collins By ` J L . ames B. O'Neill, II, CPPO, FNIGP P asing/Risk Management Director 07/2001 Section 00020 Page 3 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 ................................. 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 Bonds„ ........................................... 8 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 OWNER's Liability Insurance..............9 Submittals ................................... 17 5.6 Property Insurance ..........................9-10 6.29 Continuing the Work ..................... 17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurancq.................10 Warranty and Guarantee,............, 17 _ 5.8 Notice of Cancellation Prodsion......... 10 6.31-6.33 Indemnification .........................17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations ...................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, .................................18 Insurance Proceeds ...................... 5.14 Acceptance of Bonds and Insu- 8. OWNER'S RESPONSIBILITIES .........................18 ance; 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......, I 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment,,, 11-12 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 ............................ 19 _ 6.12 Patent Fees and Royalties....................14 8.10 Asbestos, PCBs, Petroleum, 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 ,............................. 19 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading.., .................. i5 9. ENGINEER'S STATUS DURING 6.19 Record Documents .............................15 CONSTRUCTION .............................................. 6.20 Safety and Protection ....................15-16 9.1 OWNEWs Representative.............., 19 6.21 Safety Representative .........................16 9.2 Visits to Site .................................. 19 _ 6.22 Hazard Communication Programs ...... 16 9.3 Project Representative ...............19-21 6.23 Emergencies.....................................16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Sample§..............16 tations......................................... 1 9.5 Authorized Variations in Vibrk ........ 21 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION"' w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99" Article or Paragraph. Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work...................71 13.8-13.9 Uncovering Work at ENGI- 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 Determinations for Unit Pricess_.... 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ...........................28 NEER as Initial Interpretef..............22 13..12 Correction Period„ .... „ . .........78 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.............i.23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment........................ 23 COMPLETION ................................................. 29 10.3 Work Not Required by Contract 14.1 Schedule of Values, ,,29 Documents,,,,,,,,,,„.. 23 14.2 Application for Progress 10.4 Change Order§ ...... ......... ..........23 Payment..................................... 29 10.5 Notification of Surety Surety ........................ 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 yments................29-30 Adjustment; Value of 14.8-14.9 Substantial Completion.........;........ 30 the Work ................................... 23-24 14.10 Partial Utilization, 11.4 Cost of the Work ..........................24-25 14.11 Final Inspectiog ............................. 31 11.5 Exclusions to Cost of the Work ......... 25 14.12 Final Application for Payment ........ 31 11.6 CONTRACTORS Fee........................25 14.13-14.14 Final Payment and Acceptance ....... 31 11.7 Cost Records ................................. 14.15 Waiver of Claims ................... ... 31-32 11.8 Cash Allowances 26 11.9 Unit Price Work.....................I..........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 15.2-15.4 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 OWNERS and 16. DISPUTE RESOLUTION ................................„ 33 CONTRACTORS Control27 17. MISCELLANEOUS...................:.......................33 TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice ................................ 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times ................. 33 DEFECTIVE WORK..................................................77 17.3 Notice of Claim .............................. 33 13.1 Notice of Defects...............................77 17.4 Cumulative Remedies 33 13.2 Access to the Work . ......... .........z7 17.5 ...................... Professional Fees and Court 13.3 Tests and Inspections; Costs Included, ............................ 33 CONTRACTORS Cooperation........, 27 17.6 Applicable State Laws......: 33-34 13.4 OWNERS Responsibilities; Intentionally left blank........................................... Independent Testing Laboratory,...... 27 ....35 13.5 CONTRACTRs EXHIBIT GC -A: (Optional) Responsibilities...............................27 Dispute Resolution Agreement..................... GC -Al 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration ............. tion, Testing or Approval ...............„ 27 16.7 Mediation ............................... PC -At iv E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and Insurance ........... ...........................5.14 defective Work............................10.4.1, 13.5, 13.13 final payment........... ...................9.12, 14.15 insurance......................................................... 5.14 other Work, by CONTRACTOR ..........................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....................................................0.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances„ ............................... 5.7 Adjustments -- Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, ..............................4.5.3, 9.4, 9.5, 10.2-10.4, 11, 12, 14.8, 15.1 progress schedulq.............................................. 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insurance, policy form...........................5..6.2 Allowances, Cash....................................................11.8 Amending Contract Documents, 3.5 Amendment, Written -- in general................1.16, 1.45, 3.5, 5.10, 5.12, 6.6.2 .......................... 4.8.2, 6.19, 10.1, 10.4, 11.2 ......................:.............12.1, 13.12.2, 14.7.2 Appeal, OWNERor CONTRACTOR intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of......................................................1.3 ENGINEER's Responsibility .............................. 9.9 final payment,,,,,,,,,,,,,,,,, 9.13.4, 9.13.5, 14.12-14.15 in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment.....................................14.1-14.7 review of................................................:14.4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant theretq.......................... .4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of.......................................................1.4 Article or Paragraph Number OWNER responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4.5.1, 8.10 possible price and -times changg....... ............ 4.5.2 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..............................7.5-2.8 Bid --definition of.........................1.5 (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, 4.2.6.2) Bonds -- acceptance of. ................................................... 5.44 additional bonds..................................10.5, 11.4.5.9 Cost of the Work............................................11.5.4 . definition of.......................................................1.8 delivery of...................................................7.1, 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 Othef...................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....................................................11.8 Certificate of Substantial Completion,....,,, 1.38, 6.30.2.3, ..................................................14.8, 14.10 Certificates of Inspection ...................9.13.4, 13.5, 14.12 Certificates of Insurancq.............2.7, 5.3, 5.4.11, 5.4.13, .. ....................... 5.6.5,'5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances..............................................11.8 claim for price adjustment,,.,.,...,.. 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ...................9.5, 9.11, 10.2, 10.5, 11.2, 13.9, ......................J3.13, 13.14, 14.7, 15.1, 15.5 —� CONTRACTOR's fee.........................................11.6 Cost of the Work general...............................................11.4-11.7 Exclusions to...............................................11.5 Cost Records.....................................................11.7 in general.............1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 Notification of Surety........................................10.5 Scope of....................................................10.3-10.4 Testing and Inspection, -- Uncovering the Work..................................13.9 v E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION^ w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/W Unit Price Work ......,11.9 Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times -- Claim for times adjustment ........ 4.1, 4.2.6, 4.5, 5.15, ............ 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 limitg ............................. 12.2 Delays beyond CONTRACTOR's control........................................................12.3 Delays beyond OWNER's and CONTRACTOR's control............................12.4 Notification of surety ....................................... J0.5 Scope of change........................................ 10.3-10.4 Change Orders-- , Acceptance ofDefective Work ..........................13.13 Amending Contract Documents .............i............3.5 Cash Allowances............... 11.8 Change of Contract Price.....................................11 Change of Contract Timess..................................12 Changes in the Work..........................................10 CONTRACTOR's fee........................................11.6 Cost of the Work....................................... . 11.4-11.7 Cost Records .................................................... 11.7 definition of......................................................1.9 emergencies .............................. ....................... 0.23 ENGINEER's responsibility ....... 9.8, 10.4, 11.2, 12.1 execution of.,,,' .......................10.4 Indemnifiction .........................6.12, 6.16, 6.31-6.33 Insurance, Bonds and, .................... _ 5.10, 5.13, 10.5 OWNER may terminate ........, .......15.2-15.4 OWNER's Responsibility ............................. $.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...............................................11.9 value of Work, covered by .............................. 11.3 Changes in the Work,,,,,,,,, ,,,,,,,,, ,, ,,,,, ,,, 10 Notification of surety ........................................ 10.5 OWNER's and CONTRACTOR's responsibilities ................. .. .........................10.4 Right to an adjustment...,,,,,,, ................... ........10.2 Scope of change,,,,,.,,,,.......................10.3-10.4 Claims -- against CONTRACTOR....................................6.16 against ENGINEER,,,,,,,,,,,,,,, ............... .......... 6.32 againstOWNER...............................................0.32 Change of Contract Price ........................... 9.4, 11.2 Change of Cmtract Times ......... ........... 9.4, 12.1 CONTRACTOR's.............4, 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 CONTRACTOR's Fee ....................................... J 1.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work ..................... . ......11.4, 11.5 Decisions on Disputeg...............................9.11, 9.12 Dispute Resolution .................................. ..16:1 Dispute Resolution Agreement ...................16.1-16.6 ENGINEER as initial interpretoS............ ......9.11 Lump Sum Pricing ................................ .......... 11.3.2 Noticeof..........................................................1.7.3 OWNER'5....................9.4, 9.5, 9.11, 10.2, 11.2, 11.9 .................... ....12.1,13.9,13.13,13.14,17.3 OWNER's liability .............................................. 5.5 OWNER may refuse to make payment ................14.7 Professional Fees and Court Costs Included .................................17.5 request for formal decision on............................9.11 Substitute Items,,,,,,,,,,,,,,,,,,,,, ...................... .0.7.1.2 Time Extension ... .. ............................................12.1 Time requirements„ .............................. 9.11, 12.1 Unit Price Work.............................................11.9.3 Value of ................... .........., 1.1.3 Waiver of --on Final Payment ................. J4.14, 14.15 Work Change Directive,,,,,„ ............................... 10.2 written notice required ......................9.11, 11.2, 12.1 Clarifications and Interpretationg............ 3.6.3, 9.4, 9.11 CleanSite ............... .............................. �.17 Codes of Technical Society, Organization or Association........................................:.........3.3.3 Commencement of Contract Times ...........................2.3 Communications-- general..............................................0.2, 6.9.2, 8.1 Hazard Communication Programs .......................22 Completion -- Final Application for Payment ..........................14.12 Final Inspection ... Final Payment and Acceptance ............... J4.13-14.14 Partial Utilization,,,,,,,,,,,,,,,,,,, .....14.10 Substantial Completion .....................1.38, 14.8-14.9 Waiver of Claims,,,.,,,,, .........J4.15 Computation of Times,,,,,,,,,,,,,,,,,,,,,,17.2.1-17.2.2 ,, Concerning Subcontractors, Suppliers and Others ............................. .............. 6.8-6.11 Conferences -- initially acceptable schedules .............................. 2.9 preconstruction..................................................2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report ..........................2.5, 3.3.2 Construction, before starting by CONTRACTOR ..... ....................................2.5-2.7 ... Construction Machinery, Equipment, etc,,,,,,,,,,,,,;,,,, 6.4 Continuing the Work,,,,.,,., .............................. 6.29, 10.4 Contract Documents -- Amending ............................... ........:.................. 3.5 Bonds vi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances ......... ......... .................11.8 Article or Paragraph Number Change of Contract Pricq'.................................... I I Change of Contract Times..................................12 Changes in the Work................................10.4-10.5 check and verify................................................2.5 Clarifications and Interpretations...,;..,, ..,,,.,,,,,,3.2, 3.6, 9.4, 9.11 definition of....................................................J.10 ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,,9.11 ENGINEER as OWNER's representative..............9.1 general3 Insurance...........................................................5.3 Intent.......:................:...............................3.1-3.4 minor variations in the Work „,;,,,,,,,,,,,,,,,,,,,,,,,,,,3.6 OWNER's responsibility to furnish dat4.,,,,,,,,,,,„ 8.3 OWNER's responsibility to make prompt payment ,,,,,,,,,,,,,,,,,,,,,,,,,,$3, 14.4, 14.13 precedence ...... ......... ......... ..........3.1, 33.3 Record Documents............................................0.19 Reference to Standards and Specifications of Technical Societieq............................:...... 3.3 Related Work.....................................................7.2 Reporting and Resolving Discrepancies,,,,,,,, 2.5, 3.3 Reuseof.............................................................3.7 Supplementing.................................................. 3.6 Termination of ENGINEER's Employment ..,,,,,,,,8.2 Unit Price Work...............................................11.9 variations ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_......3.6, 6.23, 6.27 Visits to Site, ENGINEERs,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9.2 Contract Price -- adjustment of ,,,,,,,,,,,,,,, 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof ..................:..... * **' *...........................I I Decision on Disputes,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9.11 definition of....................................................J.11 Contract Times -- adjustment of .........................3.5, 4.1, 9.4, 10.3, 12 Change of................................................12.1-12.4 Commencement of ............................................ 2.3 definition of....................................................1.12 CONTRACTOR -- Acceptance of Insurance,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 5.14 Communications ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.2, 6.9.2 Continue Work ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.29, 10.4 coordination and scheduling ,,,,,,,,,,,,,,,,,,,,,,,,,,,,¢.9.2 definition of.....................................................1.13 Limited Reliance on Technical Data Authorized.........................................4.2.2 May Stop Work or Terminate ,,,,,,,,,,,,,,,,,,,,,,,,,,,:J.5.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7.2, 13.2 Safety and Protection ................... 4.3.1.2, 6.16, 6.18, ........... ........................... 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.25 Stop Work requirements .. ......... .............4.5.2 _ CONTRACI'OR's— Article or Paragraph Number Compensation............................................11.1-11.2 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 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,7.3 Differing conditions..,, „ .,, 4.2.3 Discrepancy in Documents,..:,,., 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated,,,,,,,.,, 4.3.2 Emergencies.....................................................0.23 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 Guarantees,,,,,,,,,,,,,,,,,,,,,,,¢.30 Hazard Communication Programs, ,,,,,,,,,,,,,,,,,,,,,6.22 Indemnification,,,,,,,,,,,,,,,,,,,,,,,,0,12, 6.16, 6.31-6.33 Inspection of the Work ............................... 7.3, 13.4 -- Labor, Materials and Equipment ,,,,,,,,,,,,,,,,,,,,0.3-6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance..............................................5.4 Notice of Intent to Appeal ,,,,,,,,,,,,,,,,,,,,,,,,,9.10, 10.4 obligation to perform and complete theWork ...................... :............................. 0.30 Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,,, 6.12 ^ Performance and Other Bonds,,,,,,,,,,,,,,,,,,,,,,,,,,,,5.1 Permits, obtained and paid for by,,,, ,,,,,,,,,,,,,,¢.13 Progress Schedule ...........................2.6, 2.8, 2.9, 6.6, .....*"**............. .......... 6.29, 10.4, 15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities— Changes in the Work..................................10.1 Concerning Subcontractors, Suppliers and Others......................................6.8-6.11 Continuing the Work ,,,,,,,,,,,,,,,,,,,,,,,,,,6.29, 10.4 —. CONTRACTOR's expense, ,,,,,,,,,,,,,,,,,,,,,,,,,,0.7.1 CONTRACTOR's General Warranty and Guarantee.......................................6.30 }' CONTRACTOR's review prior to Shop Drawing or Sample submittal,,,,,,,,,,,,,,,, 6.25 Coordination of Work................................6.9.2 Emergencies...............................................6.23 ^ ENGINEER's evaluation, Substitutes or "Or -Equal" Items..............................6.7.3 For Acts and Omissions -� of Others0.9.1-6.9.2, 9.13 for deductible amounts, insurance, ,,,,,,,,,,,,,,,,,,5.9 general........................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs ,,,,,,,,,.6.22 Indemnification,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 6.31-6.33 vii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/994 " Labor, Materials and Equipment..............§.3-6.5 Laws and Regulations. ................................. 6.14 Liability Insurance...... .... 5.4 Article or Paragraph Number Notice of variation from Contract Documents............ I .................. ............ 6.27 Patent Fees and Royalties ............................... ............................. ¢• 12 Permits,,,,,,,,,,,,,, , ...........:............................ .0.13 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 Sampleg........................0.24 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................0.7.1 Superintendence ............................................ ...................... 6.2 Supervision ............................... .................... 0.1 Survival of Obligations................................6.34 Taxes .................... 6.15 Tests and Inspections..................................13.5 ToReport.....................................................2.5 Use of Premises .....................6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................ ......, 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim,,,,,,,,,,,, 4, 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 ........................................ .21 Shop Drawings and SamplesSubmittals ,,,,,6.24-6.28 Special Consultants ... ...................................... 11.4.4 Substitute Construction Methods and Procedures„6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others,,,,,,,,,, 6.8-6.11 Supervision and Superintendence .......... 6.1, 6.2, 6.21 Taxes, Payment by,,,,,,,,,,,,,,,,,,,, ................ „6.15 Use of Premises,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , 6.16-6.18 Warranties and guarantees,,,,,,,,, ......,;¢.5, 6.30 Warranty of Title..............................................14.3 Written Notice Required -- CONTRACTOR stop Work or terminate ........ 15.5 Reports of Differing Subsurface and Physical Conditior4 .......................4.2.3 Substantial Completion..................I.............14.8 CONTRACTORS--other...............................................7 Contractual Liability Insurance..............................5..4.10 Contractual Time Limits ........................................ 12,2 Article or Paragraph Number Coordination— CONTRACTOR's responsibility ........................6,9.2 Copies of Documents ............................................... 2.2 Correction Period,,,,,,,,,,,,,,,,•,,,,,,,,,,....................... Correction, Removal or Acceptance of Defective Work-- in general....:..............................10.4.1, 13.10-13.14 Acceptance ofDefective Work ..........................13.13 Correction or Removal of Defective Work................................6.30, 13.11 Correction Period............................................13.12 OWNER May Correct Defective Work .............. J 3.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspectiong.....................................13.4 Records11.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts, ............................................ „11.4.2 CONTRACTOR's Fee.......................................11.6 Employee Expenses......................................11.4.5.1 Exclusions to.....................................................11.5 General 11.4-11.5 Home office and overhead expense*....................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 Recordsll.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 facilitie$................11.4.5.2 Special Consultants, CONTRACTOR's............ 11.4.4 Supplemental 11.4.5 Taxes related to the World,,,,,,.....*................11.4.5.4 Tests and Inspection ......................................... j3.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities ..............11.4.5.7 Work after regular hours.................................11.4.1 Covering Work,,,,,. .............13.6-13.7 ........................ .... Cumulative Remedies,,,,,,,,,,,,,,,,,,,,,,,,,,,,,17.4-17.5 Cutting, fitting and patching,,,,,,,,,,,,,,, 7.2 Data, to be furnished by OWNER..............................$.3 Day --definition of................................................17.2.2 Decisions on Disputes,,,,.,.,,, „......, 9.11 9.12 defective --definition of ...................................... J. 14 defective Work -- Acceptance Of ............................... .10.4.1, 13.13 viii E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Correction or Removal of . ...............10.4.1, 13.11 Correction Period ............................................13.12 in general ...................... ............J3, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work .................... :............ 13.10 Prompt Notice of Defects...................................13.1 Rejecting...........................................................9.6 Uncovering the Worl.......................................13.8 Definitions................................................................ I Delays ..................................... 4.1, 6.29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance, ........................... 7.7 Determinations for Unit Priced ......... ............... 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 Adjustment ............. 4.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6.14.2 Dispute Resolution -- Agreement ................................................ 16.1-16.6 Arbitration, ............................................... 16.1-16.5 generall6 Mediation........................................................1,6.6 Dispute Resolution Agreement.........................16.1-16.6 Disputes, Decisions by ENGINEER .................. 9.11-9.12 Documents --- Copies of...........................................................7.2 Record 6:19 Reuseof.............................................................3.7 Drawings --definition of...........................................J.15 Easements.............................................................4.1 Effective date of Agreement -- definition of .............1.16 Emergencies...........................................................6.13 ENGINEER -- as initial interpreter on disputed .................9.11-9.12 definition of....................................................1.17 Limitations on authority and responsibilities ..... 9.13 Replacement of .................................................. 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant --definition of..................1.18 ENGINEER's-- authority and responsibility, limitations oil ........ 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for...... 9.7, 10, 11, 12 Clarifications and Interpretationg ..............3.6.3, 9.4 Decisions on Disputes .............................. 9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Item4 ..........................q.7.3 Liability...................................................6.32, 9.12 Notice Work is Acceptabl............................... 14.13 Observations ................. ......... ........6.30.2, 9.2 OWNER's Representative................................... 9.1 Payments to the CONTRACTOR, Responsibility for ......... ......... ..........9.9, 14 Recommendation of Payment ...................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations og.................9.11-9.13 Review of Reports on Differing Subsurface. and Physical Conditions.............................4.2.4 Shop Drawings and Samples, review responsibility .............................................. 6.26 Status During Cmstruction-- authorized variations in the Work .................9.5 Clarifications and Interpretationp ..................9.4 Decisions on Disputes ................ ......9.11-9.12 Determinations on Unit Pricq......................9.10 ENGINEER as Initial Interpreter..,,,,.., .......... ENGINEER's Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilitieg..............................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 require4 .............................. 7.2, 9.1 Equipment, Labor; Materials and .......................0.3-6.5 Equipment rental, Cost of the Work..................11.4.5.3 Equivalent Materials and Equipment ........................0.7 error or omission* ..................................................0.33 Evidence of Financial Arrangement$ ....................... $.l l Explorations of physical conditions ....................... 4.2.1 Fee, CONTRACTOR's--Costs Plus ...........................11.6 Field Order -- definition of.....................................................1.19 issued by ENGINEER................................3.6.1, 9.5 Final Application for Payment .............................. 14.12 Final Inspectio4...................................................14.11 Final Payment -- and Acceptance......................................14.13-14.14 Prior to, for cash allovances ...........................11.8 General Provisions..........................................17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references tq..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................................17.1 Guarantee of Work --by CONTRACTOR ........ 6.30, 14.12 Hazard Communication Program§ ...........................0.22 Hazardous Waste -- definition of.....................................................1.21 general.............................................................4.5 OWNER's responsibility for..............................8.10 ix EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)- w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Indemnification..............................0..12, 6.16, 6.31-6.33 Initially Acceptable Schedules...................................2.9 Inspection -- Certificates of ..............................9.13.4, 13.5, 14.12 Final ......... ....................14.11 Article or Paragraph Number Special, required byENGINEER .........................9.6 Tests and Approval,,,,,,,,,,,,,,,,,, ,,,,,,,,$.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work .......................................... 11.4.5.9 Before starting the Work ............... ..................... .7 Bonds and --in general .......................................... 5 Cancellation Provisions ..................................... 5.8 Certificates of...................2.7, 5, 5.3, 5.4.11, 5.4.13, ........................5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations.....................................5.4.13 CONTRACTOR's Liability..................................5.4 CONTRACTOR's objection to coverage,,,,,,,,,,,,, 5.14 Contractual Liability ......................................5.4.10 deductible amounts, CONTRACTOR's responsibility ................................................5.9 Final Applicafon for Payment .............„..........14.12 Licensed Insurers...............................................5.3 Notice requirements, material change$ ........ 5.8, 10.5 Option to Replace.............................................5.14 other special insurance$....................................5.10 OWNER as fiduciary for insureds ............5.12-5.13 OWNER's Liability ............................................5.5 OWNERS 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 I 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 conditionp ..........................4.2 Labor, Materials and Equipment..........................(.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, defective Work....................13.12 Cost of the Work, taxes ............. .............11.4.5.4 definition o ............................. genera16.14 Indemnification .... ................................... 6.31-6.33 Insurance ........................................... Precedence .............................. ............3.1, 3.3.3 Reference to3.3.1 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,,,,,,,,,,,,,, Visits to Site ......................9.2 ................................. Liability Insurance-- CONTRACTOR's............................................... 5.4 OWNER's........................... ...............................5.5 Licensed Sureties and Insurerq................................. 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 ENGINEER's authority and responsibilities..................................................9.13 Limited Reliance by CONTRACTOR Authorized 4.2. Maintenance and Operating Manuals -- Final Application for Payment ..........................14.12 Manuals (of others)-- Precedence....................................................3.3.3.1 Reference to in Contract Document§..................3.3.1 Materials and equipment -- furnished by CONTRACTOR ...............................0.3 not incorporated in Work .......... ............ I ............ 14.2 Materials or equipment --equivalent ...........................0.7 Mediation (Optional),,,,,,,,,,,,,,,,,,,, 16.7 Milestones --definition of........................................J.24 Miscellaneous -- Computation of Times ...................................... 17.2 Cumulative Remedies ........................................ J7.4 Giving Notice....................................................17.1 Notice of Claim.................................................17.3 Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts .............................. 7 Not Shown or Indicated.........................................4.3.2 Notice of -- Acceptability of Project....................................14.13 Award, definition of ........................................ 1.25 Claim................ ..... ..........................17.3 ............. Defects,13.1 Differing Subsurface or Physical Condition$ ...... 4.2.3 Giving............................................................1.7.1 Tests and Inspection* ,,, ,13.3 Variation, Shop Drawing and Sample ................0.27 Notice to Proceed -- definition Of givingof ............................................................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.............................0.30, 9.2 Occupancy of the Work ...........:...... 5.15, 6.30.2.4, 14.10 . Omissions or acts by CONTRACTOII................ p,9, 9.13 Open Peril policy form, Insurancq ..........................5.6.2 Option to Replace ................................................... 5.14 Article or Paragraph Number "Or Equal" Items......................................................0.7 Other work 7 Overtime Work --prohibition of.................................6.3 OWNER -- Acceptance ofdefective Work...........................1,3.13 appoint an ENGINEER......................................8.2 as fiduciary ...............................................5.12-5.13 Availability of Lands, responsibility ....................4.1 definition of.....................................................1.27 data, fumish......................................................8.3 May Correct Defective Work............................t3.14 May refuse to make payment.............................1,4.7 May Stop the Work.........................................13.10 May Suspend Work, Terminate ...........................$.8, 13.10, 15.1-15.4 Payment, make prompt ....................8.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirement4 ....................0.13 purchased insurance requirements .............. 5.6-5.10 OWNER's-- Acceptance of the Work..............................0.30.2.5 Change Orders, obligation to execub@.......... 8.6, 10.4 Communications ...................... :......................... .1 Coordination of the Work.,...**'***...*.......**... *... 7.4 Disputes, request for decisioq............................Q.11 Inspections, tests and approvaN..................5.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEER's Status......................................9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material................$.10 Change Orders ..................... ........... I............. 8.6 Changes in the Work...................................10.1 communications............................................8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements .............. $.) l inspections, tests and approval§.....................8.7 insurance...................................................... 8.5 lands and easements.....................................8.4 prompt payment by........................................8.3 replacement of ENGINEER ...........................8.2 reports and tests............................................8.4 stop or suspend Work ................. &.8, 13.10, 15.1 terminate CONTRACTOR's services .......................................... &.8, 15.2 separate representative at site..............................9.3 testing, independent .....................:I ' ..............13.4 use or occupancy of the Work ..........................5.15, 6.30.2.4, 14.10 written consent or approval required.........................................9.1, 6.3, 11.4 xi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITIONe'-k w/ CITY OF FORT COLLINS MODIFICATIONS (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 o...................................................... 1.29 general................................... ...........................4.5 OWNER's responsibility for...............................5.10 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.........................................................$.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 ............................. J4.8-14.9 Waiver of Claims.............................................14.15 when payments due ................................ 14.4, 14.13 withholding payment... ......... ..................14.7 Performance Bonds............................................5.1-5.2 Permits............................................................. .13 Petroleum -- definition of ..................................................... 1.30 general..............................................................4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating tq........................ 4.2.1.2 ENGINEER's review ........................................ 4.2.4 existing structures............................................4.2.2 general4.2.1.2......................................................... Notice of Differing Subsurface or. ..................... 4.2.3 Possible Contract Documents 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 ....................... 4.2.2 Underground Facilities-- general.........................................................4.3 Not Shown or Indicated..............................4.3.2 Protection of 4.3, 6.20 Article or Paragraph Number Shown or Indicated ................................................ 4.3.1 Technical Data...............................................4.2.2 Preconstruction Conferencq ............... :....................... Preliminary Matters.....................................................2 Preliminary Schedule4................... . 2.6 Premises, Use.of............................................. 6.16-6.18 Price, Change of Contract ............... ........................... I I Price, Contract --definition of .......................... ...I...1.11 Progress Payment, Applications for ............:.............14.2 Progress Payment--retainage................................... 14.2 Progress schedule, CONTRACTOR's............ 2.6, 2.8, 2.9, ........................... 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 .........1.33. 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..............................h.20-6.21, 13.2 Punch list .......... ......... ......... )4.11 Radioactive Material-- defintion of.....................................................1.32 genera14.5 OWNER'.s responsibility for..............................$,10 Recommendation of Payment................14.4, 14.5, 14.13 Record Documents,,,,,,,,,,,,,,,,,,, ............... ._.... 6.19, 14.12 Records, procedures for maintaining ..........................2,8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work..........................................9.6 Related Work -- at Site ........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 require4 ....11.4.5.3 replacement of ENGINEER by OWNER .................... 8.2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6.14.2 Reports -- andDrawings.................................................. ................................................ 4.2.1 and Tests, OWNER's responsibility ......................8.4 Resident and Project Representative -- definition of....................................................1.33 provision for ................................ ...... 9.3 . ...................... xii EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Important Notice: Registration: The City of Fort Collins Purchasing Division has implemented an on-line vendor registration system. This system allows vendors to register, view and update their business information and commodities. In the future, vendors will also be able to receive Requests for Proposals (RFP's) through the on-line system. All vendors doing business with the City of Fort Collins are requested to register. The vendor registration system is accessible through the City of Fort Collins Purchasing Department internet webpage at www.fcgov.com/purchasing. vendor registration form is located by clicking .:Hsecure2.fcciov.com/bso/login.4sp the printable instruction pages link. If you have any difficulty completing the registration process, please call the Purchasing Division at (970)221-6775 for assistance. 07/2001 Section 00020 Page 4 Article or Paragraph Number Article or Paragraph Number Resident Superintendent, CONTRACTOR $...............6.2 Responsibilities-- CONTRACTORs-in general .................................. 6 ENGINEER's-in general........................................9 Limitations on, ............................................. 9.13 OWNER's-in general ............................................. 8 Retainage.............................................................k4.2 Reuse of Documents......................................:...........3.7 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal .........................(.25 Review of Applications for Progress Payments .................................... Right to an adjustment...........................................10.2 Rights of Way..........................................................4.1 Royalties, Patent Fees and......................................6.12 Safe Structural Loading........................................0.18 Safety -- and Protection................................4.3.2, 6.16, 6.18, ......................................6.20-6.21, 7.2, 13.2 general....................:................................ 6.20-6.23 Representative, CONTRACTORs.......................0.21 Samples -- definition of.....................................................1.34 general.....................................................0.24-6.28 Review by CONTRACTOR................................6.25 Review by ENGINEER...............................6.26, 6.27 related Work.....................................................0.28 submittal of....................................................6.24.2 submittal procedures ...................... ................... 6.25 Schedule of progress ......... ... ....2.6, 2.8-2.9, 6.6, ............ ......... .......6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................q.6, 2.8-2.9, 6.24-6.28 Schedule of Values..............................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting.......................................................... 6.6 Change of Contract Timeq.................................10.4 Initially Acceptable ...................................... 2.8, 2.9 Preliminary .................................. ......................2.6 Scope of Changes ...................................... 10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings -- and Samples, general.................................6.24-6.28 Change Orders & Applications for Payments, and.........................................9.7-9.9 definition of......................................................1.35 ENGINEER's approval of „„............................ 3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6.24-6.28 related Work.....................................................0.28 review procedures...............................2.8, 6.24-6.28" submittal required ............................................... 6.24.1 Submittal Procedures........................................6.25 use to approve substitutionq ............................. 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-- defination of....................................................1.36 of Technical Societies, reference tq...................3.3.1 precedence ......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before..............................2.5-2.8 Starting the Work .............. „2.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER ..................................... 8.8, 13.10, 15.1 Storage of materials and equipment .....................4.1, 7.2 Structural Loading, Safety ..:................................... 6.18 Subcontractor -- Concerning ................................................ 6.8-6.11 definition of....................................................1.37 delays .......... :.................... .............................. 12.3 waiver of rights................................................0.11 Subcontractors --in general.................................6.8-6..11 Subcontracts --required provision$,,,,,.... 5.11, 6.11, 11.4.3 Submittals -- Applications for Payment.................................14.2 Maintenance and Operation Manual$,,,,,,,,,,,,,, 14.12 Procedures.......................................................0.25 Progress Schedules.......................................2.6, 2.9 Samples...................................................0.24-6.28 Schedule of Values, .................................... 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions......................................2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion -- certification of.............................0.30.2.3, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedureq ........ 6.7.2 Substitutes and "Or Equal" Item$...............................6.7 CONTRACTOR's Expensq............................6.7.1.3 ENGINEER's Evaluation.................................6.7.3 "Or -Equal..................................................... 0.7.1.1 Substitute Construction Methods xiii E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITIONr" wl CITY OF FORT COLLINS MODIFICATIONS (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 relatbg to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 ENGINEER's Review,.,,,,,,,. ............................ 4.2.4 general...............................................................2 Limited Reliance by CONTRACTOR Authorized................................................4.2.2 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, ........... o .................................... 4.2.2 Supervision— CONTRACTOR's responsibility ...........................6.1 OWNER shall not supervise...................0............8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9.13.2 Superintendence.......................................................0.2 Superintendent, CONTRACTOR's resident...............0.2 Supplemental costs .............................................. 11.4.5 Supplementary Conditions -- definition of.....................................................1.39 principal references tq.................1.10, 1.18, 2.2, 2.7, ........................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ............ ..... .11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Document$ ........... .. ............. 3,6 Supplier -- definition of.....................................................j.40 principal references to ........... 3.7, 6.5, 6.8-6.11, 6.20, ..........................................0.24, 9.13, 14.12 Waiver of Rights ............................................... 6.l l Surety -- consent to final payment,,,,,,,,,,,,,,,,,,,,,,, 14.12, 14.14 ENGINEER has no duty to..................0.., .9.13 Notification of .............................. 10.1, 10.5, 15.2 qualification of ......... Survival of Obligations,,,,,,.,,, 0 .0.......... 6.34 Suspend Work, OWNER May ....................... j3.10, 15.1 Suspension of Work and Termination --......................15 . CONTRACTOR May Stop Work or Terminate......................................0........15.5 OWNER May Suspend Work ............................ 15.1 OWNER May Terminate,,,,,,,15.2-15.4 Taxes --Payment by CONTRACTOR ........................ ,6.15 Technical Data -- Limited Reliance by CONTRACTOR„...............4.2.2 Possible Price and Times Adjustments,,,,,,,,,,,,,, 4.2.6 Reports of Differing Subsurface and Physical Conditions... 0.......................0... 4.2.3 Temporary construction facilities 4.1 Article or Paragraph Number Termination -- by CONTRACTOR...........................................15.5 by OWNER........................................8.8, 15.1-15.4 of ENGINEER's employment...............................$,2 Suspension of Work-in genera(,,,,,,,,,,,,,,,,,,,,, 15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others, ................... ; ....... J3.2 CONTRACTOR's responsibilities ..................... 13.5 cost of 13.4 covering Work prior to..............................13.6-13.7 Laws and Regulations (or)................................ 13.5 Notice of Defects ................ ............................. 13.1 OWNER May Stop Work.................................13.10 OWNER's independent testing,,,,,,,,,,,,,,,,,,,, 13.4 special, required by ENGINEER, ,,,:,,,,, „:,,,,,9.6 timely notice required,,,,,,,,,,,,,,, ............... .........13.4 Uncovering the Work, at ENGINEER's request ............................... ..................13.8-13.9 Times -- Adjusting................................: ................. .........0.6 Change of Contract ............................................ 12 Computation of,,,,,,,,,,,,,,,,„ .............................17.2 Contract Times --definition of,,,,,,,,,,,,,,,,,,,,, 1.12 day.........................................................17.2.2 Milestones..........................................................12 Requirements-- appeals.................................................. .10, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Time$,,,,,,,,,,,,,,,, 2.3 Preconstruction Conference,,,.,,,,,,, schedules.........................................2.6, 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 a Indicated ...............................„ 4.3.2 protection of,,,,,,,,,,,,, 4.3, 6.20 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-- general11.3.1 Determination for,,,,,,,,,,,,,,,,,,,,,,,,, 9.10 Use of Premises,,,,,,,,,,,,,,,,,,,,,, 6.16, 6.18, 6.30.2.4 Utility owners ............................. 6,13, 6.20, 7.1-7.3, 13.2 Utilization, Partial...................1.28, 5.15, 6.30.2.4, 14.10 Value of the Work... ........................ ..................... 11.3 Values, Schedule of .............................. 2,6, 2.8-2.9, 14.1 xiv E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work --Minor Authorized ....................................... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER, ................................... 9.2 Waiver of Claims --on Final Payment ......................14.15 Waiver of Rights by insured partie$..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ................................................ 6.30 Warranty of Title, CONTRACTOR's........................14.3 Work — Access to..........................................................1.3.2 byothers............................................................... 7 Changes in the.....................................................10 Continuing the..................................................6.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of..................................................7.4 Cost of the.................................................11.4-11.5 definition of......................................................1.43 neglected by CONTRACTOR............................13.14 other Work............................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site....................................7.1-7.3 Starting the........................................................2.4 Stopping by CONTRACTOR.............................1:5.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minof........... 3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of.....................................................1.44 principal references to......................3.5.3,10.1-10.2 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, .......................... 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations..................................3.6.3, 9.4, 9.11 Written Notice Required-- by CONTRACTOR ...........................7.1, 9.10-9.11, 10.4, 11.2, 12.1 by OWNER .................... 9.10-9.11, 10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)" w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) No Text 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: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 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. 1.6. 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 Requirements —The advertisement or 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY 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 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (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 furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 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 ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements —Sections of Division i of the Specifications. 1.21. Hazardous Waste -The terns 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 jurisdiction. 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 of Award -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) fixingthe 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. 1.29. 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 Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 2 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours --Regular working hours are defined as 7:00am to 6:00ym unless otherwise Wggified in the General Requirements, 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples --Physical examples of materials, equipment, of 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 final 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, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities -All pipelines, conduits; ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the 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 famishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CONTRACTOR, 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 paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence .that the 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 Amendment —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: 23. 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. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times, Notice to Proceed: 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 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 ne event mAxill the Qimwwt T. 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 inn. Before Starting Construction: 2.5. 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 specified 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; 2.6.2.1. 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 d An^� O;:PsM.R� shall eaeh deliver to the ether OWNER, with copies to identi fi ,in the e.. rr� � ConditionsENGINEER certificates of insurance (and other evidence of insurance reasenaWy--rest reauesled by OWNER) which CONTRACTOR is required to purchase and maintain _ in accordance. with paragraphs 5.", 4. as 5 . Preeonstruction Conference: 2.8. Within twenty days after the Contract Times start to nin, 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 Con Documents, at least fen days bdere submimien e a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated by OWNER will be held to review for acceptability 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 CONTRACTOR's full responsibility therefor. CONTRACTOWs schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent., 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) wl CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing 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. It; during the performance of the .Work, CONTRACTOR discovers any conflict, error, ambiguity . or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (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); or 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 Paw 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 Contract 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 or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. 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 of Documents. 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 furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. against lands i—m OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. No Text 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 Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. 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. 4.2.3. Notice of Differing 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: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in 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 4.2.3.3. differs materially from that shown or 6 E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 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, unmediately 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 further disturb such conditions or perform any Work 'in connection therewith (except as aforesaid) until receipt of written order to do so. _ 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or _ tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of . 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 Adjustments: 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 changein 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, 4.2.6.4.1. - CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, aclaim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEEWs 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 or Indicated: 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 paragraph 6.20 and repairing any damage thereto resulting from the Work. 43.2.. Not Shown or Indicated.- If an Underground Facility is uncovered or revealed at or contiguous to the 'site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, grempd 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 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 paragraph 6.20. CONTRACTOR shall 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 any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim 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 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 Radioactive 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. 7 i. ..........4 ..�_. ..�_. 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 shaft 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 fiunish 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 Sta$ 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 Iftsurance: 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. 53.2. 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 varaRraph 5.4. OW shall EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and famished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and famishing 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 famish 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; `i..jl�'''�l�ii� _ OR NO 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 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, 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 OWNEWs option, may purchase and maintain at OWNEWs expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: . . eeympI L debiis } dmelitien limited to fees and eharges of engimwts •Y Y • 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others i-m I • . YI • YL• • - - - EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) • I. _ mz; .�.`M;w • I. 1_ �tr�nreeb i;�rn_rnrcr;nr_ n___-,t__._ and the effieers ' �tt es agefAs of my of 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 moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNEWs 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 fiduciay shall adjust and settle the loss with the insurers and, if requiFed in ;AT-iting by any p", interest OWNER Acceptance of Bonds and Insurance, Option to Replace: 5.14. If either arty (OW1, vp C-O�Wp Ar 0 OWNER has any objection to the coverage, afforded by or other provisions of the Fends er insurance required to be purchased and maintained by the, edw --pa�-� CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the OWNER will notify CONTRACTOR in writing within ten fifteen days after reeeipt delivery of the certificates (or- ether dense requested] to OWNER as required by paragraph 2.7. pre,kded as the ather- may feasenably request. if either party does natp urehagii r the a a a the expense aft -he iffed to Previde sueb eaiwage, and a Change Of -der- shall be issued to adjust Partial Utilization —Properly Insurance: 5.15. 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 4/2000) 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 shalt 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—CONI'RACTORiS 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's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Materials and Equipment: 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 permit overtime 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 ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday Sunday Holidays or outside the Regular Working Hours. 11 6.4. Unless otherwise specified at the General Requirements, CONTRACTOR shall famish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary. facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4. 1 Purchasing Restrictions: CONTRACTOR must comply with the City s purchasing restrictions. A 20y 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 requires 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 famish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied; installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. 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 -Equal " Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 12 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 ENGINEER"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 replacement - service will be indicated. The application will also contain an itemized estimate of all costs or — credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the Proposed substitute. ENGINEER may require CONTRACTORto famish additional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR' expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEERIs sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2.. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6_9. CONTRACTOR shall nerfomi not less than 20 uereent of the Work with its own forces (that is without subcontracting). The 20 percent requirement shall be understood to refer to the Work the value of which totals not Iess than 20 percent of the Contract Price. 6.8.2, Bidding Documents require the identity. of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, —and --if CO,WD A GTO t. o¢ fi>s tOaa Fk limit—theFeef OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) e€ in wili /'YIAT'T`D A rTl1D 6 11 L Pfiee will be will constitute a condition of the Contract requiring the use of the named subcontractors suppliers or other persons or organization on the Work unless prior written approval is obtained from OWNER and ENGINEER No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of.any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by, Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment" 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or famishing any of the Work undera direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the 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. 6.11. 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 - - -- _ _. ... _ 1!M.. 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. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 14 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits: 6.13. Unless otherwise provided 1n 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 CONTRACTORIs 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, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. 'OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the proiect. Said taxes shall not be included in the Contract Price. Address: - Colorado Department of Revenue State Capital Annex 1375 Sherman Strect Denver. Colorado. $0261 Sales and Use Taxes for the State of Colorado Re0onal Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically incorporated into the vroiect'are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Premises: 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, ENGINEER'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 Documents.= 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. EJCDC 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 incorporatedtherein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or 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 caused, 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 any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or 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