HomeMy WebLinkAboutBID - 7251 TRANSFORT CONCRETE REPAIRAddendum 1 – 7251 Transfort Concrete Repair Page 1 of 10
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of BID 7251: Transfort Concrete Repair
OPENING DATE: 3:00 PM (Our Clock) July 7, 2011
To all prospective bidders under the specifications and contract documents described
above, the following changes/additions are hereby made and detailed as follows:
1. No bid bond or payment and performance bonds are required.
2. There is no pre-bid meeting. Please contact Tracy Dyer, Chief
construction Inspector, at 970-222-0855 if you need to see the proposed
work.
3. Exhibit 1 – Davis Bacon Wage Rates
Exhibit 2 – Quantity Estimate
Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with
any questions regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN
STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS
ADDENDUM HAS BEEN RECEIVED.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
Addendum 1 – 7251 Transfort Concrete Repair Page 2 of 10
EXHIBIT 1
DAVIS BAVIS BACON WAGE RATES
GENERAL DECISION: CO20100014 10/08/2010 CO14
Date: October 8, 2010
General Decision Number: CO20100014 10/08/2010
Superseded General Decision Number: CO20080014
State: Colorado
Construction Type: Highway
Counties: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso,
Jefferson, Larimer, Mesa, Pueblo and Weld Counties in Colorado.
HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 03/12/2010
1 05/07/2010
2 06/04/2010
3 08/06/2010
4 10/08/2010
ELEC0012-005 06/01/2009
PUEBLO COUNTY
Rates Fringes
ELECTRICIAN (Excluding traffic signal installation)
Electrical work where the total cost is $150,000
or less................................................................. $ 22.85 10.79
Electrical work where the total cost is over
$150,000…………………………………………… $ 27.00 10.91
TRAFFIC SIGNALIZATION:
Traffic Signal Installation
Zone 1.................................................................. $ 23.83 13.75%+4.75
Zone 2................................................................. $ 26.83 13.75%+4.75
Addendum 1 – 7251 Transfort Concrete Repair Page 3 of 10
TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS
Zone 1 shall be a 35 mile radius, measured from the following addresses in each of
the following cities:
Colorado Springs - Nevada & Bijou
Denver - Ellsworth Avenue & Broadway
Ft. Collins - Prospect & College
Grand Junction - 12th & North Avenue
Pueblo - I-25 & Highway 50
All work outside of these areas shall be paid Zone 2 rates.
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* ELEC0068-012 06/01/2010
ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, DENVER, DOUGLAS,
JEFFERSON, LARIMER AND WELD COUNTIES
Rates Fringes
ELECTRICIAN (Excluding traffic signal installation)..... $ 31.60 12.32
TRAFFIC SIGNALIZATION:
Traffic Signal Installation
Zone 1................................................................. $ 23.83 13.75%+4.75
Zone 2........................................... …………….... $ 26.83 13.75%+4.75
TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS
Zone 1 shall be a 35 mile radius, measured from the following addresses in each of
the following cities:
Colorado Springs - Nevada & Bijou
Denver - Ellsworth Avenue & Broadway
Ft. Collins - Prospect & College
Grand Junction - 12th & North Avenue
Pueblo - I-25 & Highway 50
All work outside of these areas shall be paid Zone 2 rates.
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ELEC0113-005 06/01/2009
EL PASO COUNTY
Rates Fringes
ELECTRICIAN.......................................................... $ 28.80 3%+13.10
Addendum 1 – 7251 Transfort Concrete Repair Page 4 of 10
TRAFFIC SIGNALIZATION:
Traffic Signal Installation
Zone 1................................................................. $ 23.83 13.75%+4.75
Zone 2................................................................. $ 26.83 13.75%+4.75
TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS
Zone 1 shall be a 35 mile radius, measured from the following addresses in each
of the following cities:
Colorado Springs - Nevada & Bijou
Denver - Ellsworth Avenue & Broadway
Ft. Collins - Prospect & College
Grand Junction - 12th & North Avenue
Pueblo - I-25 & Highway 50
All work outside of these areas shall be paid Zone 2 rates.
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ELEC0969-005 06/01/2009
MESA COUNTY
Rates Fringes
ELECTRICIAN (Excluding traffic signal installation)..... $ 20.31 8.92
TRAFFIC SIGNALIZATION:
Traffic Signal Installation
Zone 1................................................................. $ 23.83 13.75%+4.75
Zone 2................................................................. $ 26.83 13.75%+4.75
TRAFFIC SIGNAL INSTALLER ZONE DEFINITIONS
Zone 1 shall be a 35 mile radius, measured from the following addresses in each of
the following cities:
Colorado Springs - Nevada & Bijou
Denver - Ellsworth Avenue & Broadway
Ft. Collins - Prospect & College
Grand Junction - 12th & North Avenue
Pueblo - I-25 & Highway 50
All work outside of these areas shall be paid Zone 2 rates.
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Addendum 1 – 7251 Transfort Concrete Repair Page 5 of 10
ENGI0009-002 05/01/2010
Rates Fringes
Power equipment operators:
Asphalt Screed.................................................... $ 23.67 9.22
Bituminous or Asphalt Spreader/Laydown Machine $ 23.67 9.22
Bulldozer............................................................. $ 23.67 9.22
Crane: 50 tons and under................................... $ 23.82 9.22
Crane: 51 to 90 tons............................................ $ 23.97 9.22
Crane: 91 to 140 tons......................................... $ 24.12 9.22
Crane: 141 tons and over.................................... $ 24.88 9.22
Drill Operator: William MF/Watson 2500 only...... $ 23.97 9.22
Grader/Blade: Finish............................................ $ 23.97 9.22
Grader/Blade: Rough.......................................... $ 23.67 9.22
Loader: Barber Green, etc. & Up to and including
6 cubic yards......................................................... $ 23.67 9.22
Loader: Mechanic/Welder (heavy duty)................ $ 23.97 9.22
Loader: Over 6 cubic yards……………………….. $ 23.82 9.22
Mechanic and/or Welder (Includes heavy duty &
combination mechanic and welder):.................... $ 26.12 9.22
Oiler..................................................................... $ 22.97 9.22
Power Broom: 70 HP and over………………….. $ 23.67 9.22
Power Broom: Under 70 HP................................ $ 22.97 9.22
Roller (excluding dirt & soil compaction): Self-
propelled, all types over 5 tons............................ $ 23.67 9.22
Roller (excluding dirt & soil compaction): Self-
propelled, rubber tires under 5 tons.................... $ 23.32 9.22
Scraper: Single bowl including pups 40 cubic
yards and tandem bowls and over...................... $ 23.97 9.22
Scraper: Single bowl under 40 cubic yards........ $ 23.82 9.22
Trackhoe............................................................. $ 23.82 9.22
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LABO0086-002 05/01/2009
Rates Fringes
Laborers:
Asphalt Laborer/Raker, Common Laborer &
Concrete Laborer/Mason Tender......................... $ 18.68 6.78
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Addendum 1 – 7251 Transfort Concrete Repair Page 6 of 10
SUCO2001-003 12/20/2001
Rates Fringes
BRICKLAYER........................................................... $ 15.55 2.85
Carpenters:
Form Work (Excluding Curbs & Gutters).............. $ 16.54 3.90
All Other Work..................................................... $ 16.61 3.88
Concrete Finisher/Cement Mason............................ $ 16.05 3.00
Ironworkers:
Bridge Rail (Excludes Guardrail)........................ $ 18.22 6.01
Reinforcing.......................................................... $ 16.69 5.45
Laborers:
Fence Erector (Includes fencing on bridges)....... $ 13.02 3.20
Form Work (Curbs & Gutters only)..................... $ 11.85 3.45
Guardrail Erector (Excludes bridgerail)............... $ 12.89 3.20
Landscape and Irrigation Laborer....................... $ 12.26 3.16
Pipelayer............................................................. $ 13.55 2.41
Striping Laborer (Pre-form layout and removal of
pavement markings)............................................ $ 12.62 3.21
Traffic and Sign Laborer (Sets up barricades and
cones, and installs permanent signs)................. $ 12.43 3.22
Traffic Director/Flagger........................................ $ 9.55 3.05
Painters:
Brush................................................................... $ 16.94 2.10
Spray................................................................... $ 16.99 2.87
Power equipment operators:
Backhoes............................................................. $ 16.54 4.24
Bobcat/Skid Loader............................................. $ 15.37 4.28
Compactor - Dirt & Soil Only................................ $ 16.70 3.30
Concrete Pump Operator.................................... $ 16.52 4.30
Drill Operator: All except William MF/ Watson 2500 $ 16.74 2.66
Forklift................................................................... $ 15.91 4.09
Post Driver/Punch Machine................................. $ 16.07 4.41
Rotomill Operator................................................ $ 16.22 4.41
Tractor................................................................. $ 13.13 2.95
Addendum 1 – 7251 Transfort Concrete Repair Page 7 of 10
TRAFFIC SIGNALIZATION:
Traffic Signal Installation Groundman Class C.......... $ 11.44 3.25
Truck drivers:
Floats-Semi Truck............................................... $ 14.86 3.08
Multipurpose Truck-Specialty & Hoisting............ $ 14.35 3.49
Pickup Truck (Includes Pilot and Sign/Barricade
Truck).................................................................. $ 13.93 3.68
Single Axle Truck................................................ $ 14.24 3.77
Truck Mechanic................................................... $ 16.91 3.01
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TEAM0435-002 05/01/2000
Rates Fringes
Truck drivers:
Distributor Truck.................................................. $ 15.80 5.27
Dump Truck: Over 14 cubic yards to and
including 29 cubic yards...................................... $ 15.27 5.27
Dump Truck: Over 29 cubic yards to and
including 79 cubic yards...................................... $ 15.80 5.27
Dump Truck: Over 79 cubic Yards....................... $ 16.45 5.27
Dump Truck: To and including 6 cubic yards &
over 6 cubic yards to and including 14 cubic yards;
Water Truck.......................................................... $ 14.93 5.27
Low Boy Truck...................................................... $ 17.25 5.27
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WELDERS - Receive rate prescribed for craft performing operation to which welding
is incidental.
================================================================
Unlisted classifications needed for work not included within the scope of the
classifications listed may be added after award only as provided in the labor
standards contract clauses (29CFR 5.5 (a) (1) (ii)).
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In the listing above, the "SU" designation means that rates listed under the identifier
do not reflect collectively bargained wage and fringe benefit rates. Other
designations indicate unions whose rates have been determined to be prevailing.
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Addendum 1 – 7251 Transfort Concrete Repair Page 8 of 10
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination
matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of
surveys, should be with the Wage and Hour Regional Office for the area in which the
survey was conducted because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial contact is not
Satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here,
initial contact should be with the Branch of Construction Wage Determinations.
Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected
by the action) can request review and reconsideration from the Wage and Hour
Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's
position and by any information (wage payment data, project description, area
practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may
appeal directly to the Administrative Review Board (formerly the Wage Appeals
Board). Write to:
Addendum 1 – 7251 Transfort Concrete Repair Page 9 of 10
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
Addendum 1 – 7251 Transfort Concrete Repair Page 10 of 10
EXHIBIT 2
QUANTITY ESTIMATE
INVITATION TO BID
7251 Transfort Concrete Repair
BID OPENING: 3:00 P.M. (our clock), July 7, 2011
The City of Fort Collins is requesting bids from firms for a Contractor to provide all equipment, labor
and materials deemed necessary to perform elimination of an existing steam tunnel and replacing
concrete pavement, curb and gutter, at the CSU Transit Center and concrete pavement
replacement at Transfort Maintenance Facility located at 6570 Portner Road.
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid proposal and/or contract documents. If delivered, they are to be
sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is
P.O. Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3 p.m. (our clock), July 7, 2011.
Questions concerning the scope of the bid should be directed to Erika Keeton, PE, Project Manager
at (970) 221-6521 or ekeeton@fcgov.com.
Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED
AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com.
A copy of the Bid may be obtained as follows:
1. Download the Bid from the Purchasing Webpage, Current Bids page, at:
http://fcgov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter
into contract or honor the purchase order will be cause for removal of supplier's name from the City
of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
BID 7251 Transfort Concrete Repair Page 1 of 71
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject
any and all bids, and to waive any irregularities or informalities.
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.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing
Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a 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.
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 our office 7 days after
the bid opening.
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
BID 7251 Transfort Concrete Repair Page 2 of 71
CITY OF FORT COLLINS
BID PROPOSAL
BID #7251
TRANSFORT CONCRETE REPAIR
BID OPENING: July 7, 2011, 3:00 p.m. (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS
FOR TRANSFORT CONCRETE REPAIR PER THE BID INVITATION AND ANY
REFERENCED SPECIFICATIONS:
The City of Fort Collins is requesting bids for a Contractor to provide all equipment, labor
and materials deemed necessary to perform elimination of an existing steam tunnel and
replacing concrete pavement, curb and gutter, at the CSU Transit Center and concrete
pavement replacement at Transfort Maintenance Facility located at 6570 Portner Rd.
This is a federally funded project and attached are the federal requirements that must be
followed. All work must include Davis Bacon pricing and certified payroll reporting.
Technical questions contact Erika Keeton, PE, Project Manager at 970-221-6521 or
ekeeton@fcgov.com.
Purchasing questions contact John Stephen, CPPO, LEED AP, Senior Buyer at 970-221-
6777 or jstephen@fcgov.com.
BID 7251 Transfort Concrete Repair Page 3 of 71
BID SCHEDULE
202.01 Removal of Structures and Obstructions 432 0 432 LF $ -
203.01 Muck Excavation 15 15 30 CY $ -
203.02 Borrow 25 25 50 TON $ -
203.03 Flowable Fill 52 0 52 CY $ -
304.01 Aggregate Base Course 30 50 80 TON $ -
412.01 Concrete Pavement (7 Inch)(with Curb) 300 0 300 SY $ -
412.02 Concrete Pavement (8 Inch) (Remove &
Replace) 0 500 500 SY $ -
602.01 Reinforcing Steel (Epoxy Coated) (Drill
and Grout Dowels) 300 600 900 LB $ -
630.01 Traffic Control (CTC) 1 0 1 LS $ -
630.02 Traffic Control (Maint Facility) 0 1 1 LS $ -
TOTAL PROJECT COST $ -
Dollars and Cents.
Total Contract
Quantity (A)
Transfort
Maintenance
Facility
Item No. Description CSU Transit Unit Price (B) Total (A x B)
Center Unit
FIRM NAME
Are you a Corporation, Partnership, DBA, LLC, or PC
SIGNATURE
ADDRESS
PHONE/FAX #
E-MAIL ADDRESS
BID 7251 Transfort Concrete Repair Page 4 of 71
TRANSFORT CONCRETE REPAIR PROJECT
GENERAL REQUIREMENTS INDEX
SECTION PAGE NUMBERS
01010 Summary of Work General Requirements 1-2
01040 Coordination General Requirements 3-4
01310 Construction Schedules General Requirements 5-6
01330 Survey Data General Requirements 7
01340 Shop Drawings General Requirements 8-10
01410 Testing General Requirements 11-12
01510 Temporary Utilities General Requirements 13
01560 Temporary Controls General Requirements 14-15
01700 Contract Closeout General Requirements 16
01800 Method of Measurement and Basis of Payment General Requirements 17
SCOPE OF WORK
BID 7251 Transfort Concrete Repair Page 5 of 71
SECTION 01010
SUMMARY OF WORK
General Requirements - Page 1 of 17
1.1 DESCRIPTION OF WORK
A. This work shall consist of the elimination of an existing steam tunnel and replacing concrete pavement, curb and
gutter at the CSU Transit Center and removal and replacement of concrete pavement at the Transfort Maintenance
Facility.
B. Protection and Restoration.
1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore
all areas disturbed to match surrounding surface conditions. Also see tree protection standards.
C. Construction Hours
1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday,
unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance
with Section 1560.
2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the
Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover
the Owner’s costs in providing field engineering and/or inspection services because of such work. The cost for
field engineering and inspection shall be $50.00 per hour.
1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES
A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when
prosecution of the Work may affect them.
B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to
temporarily deny access or services.
C. Contact utilities at least 48 hours prior excavating near underground utilities.
D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of
work schedule and any items which would affect their daily operation.
E. Erika Keeton and/or Tracy Dyer will be the Project Engineer.
Erika Keeton 970-221-6521 Mobile 970-222-0787
Tracy Dyer 970-416-2011 Mobile 970-222-0855
F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's
convenience.
BID 7251 Transfort Concrete Repair Page 6 of 71
SECTION 01010
SUMMARY OF WORK
General Requirements - Page 2 of 17
UTILITIES
Water: City of Fort Collins, Colorado
221-6700, Meter Shop 221-6759
Storm Sewer: City of Fort Collins, Colorado
221-6700
Sanitary Sewer: City of Fort Collins, Colorado
221-6700
Electrical: City of Fort Collins, Colorado
221-6700
Gas: Xcel Energy Emergency 1-800-895-2999
Local Contact:
Pat Kreager 970.566.4416
Telephone: UNCC / 1-800-922-1987
Local Contact:
Debbie Kautz 970.689.0635
Traffic Operations: City of Ft. Collins, Colorado
221-6630
Cable Television: Comcast
493-7400
Utility Notification Center of Colorado (UNCC) - 811
1-800-922-1987
AGENCIES
Safety: Larimer County Sheriff's Department:
Occupational Safety and Health Administration Non-Emergency: 221-7177
(OSHA): 844-3061
Fire: Ambulance:
Poudre Fire Authority Poudre Valley Hospital
Non-Emergency: 221-6581 Non-Emergency: 484-1227
Emergency: 911 Emergency: 911
Police:
City of Fort Collins Police Department
Non-Emergency: 221-6540
Emergency: 911
Postmaster:
US Postal Service: 225-4111
Transportation:
Transfort: 221-6620
Traffic Engineering: 221-6630
END OF SECTION
BID 7251 Transfort Concrete Repair Page 7 of 71
SECTION 01040
COORDINATION
General Requirements - Page 3 of 17
1.1 GENERAL CONTRACTOR RESPONSIBILITIES
A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall
also coordinate with Transfort staff and CSU staff as necessary.
B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner
of performance of operations which affect the service of such utilities, agencies, or public safety.
C. Coordinate operations under contract with utility work to allow for efficient completion of the Work.
D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to
provide satisfactory access at all times and keep them informed at all times.
1.2 CONFERENCES
A. A Pre-construction Conference will be held prior to the start of construction.
1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic
Control Supervisor assigned to the project.
2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project.
3. The Engineer shall invite all utility companies involved.
4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated
schedules.
5. The Engineer shall introduce the project Representatives.
B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work,
refining project schedules, and utility coordination.
C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or
is affected by, the work of others.
1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer.
1.3 PROGRESS MEETINGS
A. Contractor and Engineer shall schedule and hold regular progress meetings at least weekly and at other times as
requested by the Engineer or required by the progress of the Work.
B. Attendance shall include:
1. Contractor and Superintendent
2. Owner's Representatives
3. Engineer and Resident Project Representative
4. Traffic Control Supervisor
5. Others as may be requested by Contractor, Engineer or Owner
BID 7251 Transfort Concrete Repair Page 8 of 71
SECTION 01040
COORDINATION
General Requirements - Page 4 of 17
C. Minimum agenda shall include:
1. Review of work progress since last meeting.
2. Identification and discussion of problems affecting progress.
3. Review of any pending change orders.
4. Revision of Construction Schedule as appropriate.
D. The Project Representative and Contractor shall agree to weekly quantities at the progress meetings. The weekly
quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the
basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 9 of 71
SECTION 01310
CONSTRUCTION SCHEDULES
General Requirements - Page 5 of 17
1.1 GENERAL
A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of
tentative schedule by parties attending the pre-construction conference. This schedule will show how the contractor
intends to meet the milestones set forth.
1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of
delivery of equipment and materials.
2. Work at the CSU Transit Facility must be complete prior to August 20, 2011.
3. Work at the Transfort Maintenance Facility must be coordinated with Transfort staff and phased to maintain bus
operations during construction.
1.2 FORMAT AND SUBMISSIONS
A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual
progress.
B. Submit two copies of each schedule to Owner for review.
1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work
with the needs of Owner or others.
C. The schedule must show how the street, landscaping and various utility work will be coordinated.
1.3 CONTENT
A. Construction Progress Schedule.
1. Show the complete work sequence of construction by activity and location
2. Show changes to traffic control
3. Show project milestones
B. Report of delivery of equipment and materials
1. Show delivery status of critical and major items of equipment and materials
2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for
equipment and materials, reference Section 01340
1.4 PROGRESS REVISIONS
A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when
requested by Owner or Engineer, and with each application for progress payment.
B. Show changes occurring since previous submission
1. Actual progress of each item to date
2. Revised projections of progress and completion
BID 7251 Transfort Concrete Repair Page 10 of 71
SECTION 01310
CONSTRUCTION SCHEDULES
General Requirements - Page 6 of 17
C. Provide a narrative report as needed to define:
1. Anticipated problems, recommended actions, and their effects on the schedule
2. The effect of changes on schedules of others.
1.5 OWNER'S RESPONSIBILITY
A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting
Contractor in coordinating the Work with the needs of the Project.
B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques,
sequences and procedures of construction as provided in the General Conditions.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 11 of 71
SECTION 01330
SURVEY DATA
General Requirements - Page 7 of 17
1.1 SURVEY REQUIREMENTS
A. The Owner will provide the construction surveying for the street and landscaping improvements. City Survey
Crews will perform the surveying required.
B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing
surveying.
C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey
personnel shall notify the Contractor with the date on which the requested work will be completed.
D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime,
the Contractor shall pay the additional overtime expense.
E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey
monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough
time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re-staking
construction stakes and for the cost of re-establishing a destroyed monument.
F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary
forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance
with the information on the stakes and grade sheets supplied by the Owner.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 12 of 71
SECTION 01340
SHOP DRAWINGS
General Requirements - Page 8 of 17
1.1 GENERAL
A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections.
1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor.
B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set
forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the
schedule.
C. Any need for more than one re-submission, or any other delay in obtaining Engineer's review of submittals, will not
entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of
Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for
review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to
coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or
an increase in Contract Price.
D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication.
E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped
by Contractor and properly marked by Engineer, are at the site and available to workmen.
F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of
the Work.
Review status designations listed on Engineer's submittal review stamp are defined as follows:
1. NO EXCEPTION TAKEN
Signifies material or equipment represented by the submittal conforms with the design concept, complies with
the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is
to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be
transmitted for final distribution.
2. REVISE AS NOTED
Signifies material or equipment represented by the submittal conforms with the design concept, complies with
the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance
with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and
is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter
of transmittal.
3. REJECTED
Signifies material or equipment represented by the submittal does not conform with the design concept or
comply with the information given in the Contract Documents and is not acceptable for use in the Work.
Contractor is to submit submittals responsive to the Contract Documents.
BID 7251 Transfort Concrete Repair Page 13 of 71
SECTION 01340
SHOP DRAWINGS
General Requirements - Page 9 of 17
4. FOR REFERENCE ONLY
Signifies submittals which are for supplementary information only; pamphlets, general information sheets;
catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design,
operation, or maintenance, but which by their nature do not constitute a basis for determining that items
represented thereby conform with the design concept or comply with the information given in the Contract
Documents. Engineer reviews such submittals for general information but not for substance.
1.2 SHOP DRAWINGS
A. Include the following information as required to define each item proposed to be furnished.
1. Detailed installation drawings showing foundation details, and clearances required for construction.
2. Relation to adjacent or critical features of the Work or materials.
3. Field dimensions, clearly identified as such.
4. Applicable standards, such as ASTM or Federal Specification numbers.
5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance
characteristics and capacities, and other information specified or necessary:
a. For Engineer to determine that the materials and equipment conform with the design concept and comply
with the intent of the Contract Documents.
b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will
review for general information but not for substance.
c. For Engineer to determine what supports, anchorages, structural details, connections and services are
required for materials and equipment, and the effect on contiguous or related structures, materials and
equipment.
6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable
Engineer to review the information effectively.
B. Manufacturer's standard drawings, schematics and diagrams:
1. Delete information not applicable to the Work.
2. Supplement standard information to provide information specifically applicable to the Work.
C. Format
1. Present in a clear and thorough manner.
2. Minimum sheet size: 8 ½" x 11".
3. Clearly mark each copy to identify pertinent products and models.
4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly
which parts of the drawing apply to the equipment being furnished.
5. Individually annotate catalog sheets to identify applicable items.
6. Reproduction or copies of portions of Contract Documents:
a. Not acceptable as complete fabrication or erection drawings.
b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail
drawings.
BID 7251 Transfort Concrete Repair Page 14 of 71
SECTION 01340
SHOP DRAWINGS
General Requirements - Page 10 of 17
7. Clearly identify the following:
a. Date of submission.
b. Project title and number.
c. Names of Contractor, Supplier and Manufacturer.
d. Specification section number, specification article number for which items apply, intended use of item in the
work, and equipment designation.
e. Identify details by reference to sheet, detail, schedule or room numbers shown in the Contract Documents.
f. Deviations from Contract Documents.
g. Revisions on re-submittals.
h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field
measurements and field construction criteria, and coordination of the information within the submittal with
requirements of the Work and the Contract Documents.
1.3 SUBMISSION REQUIREMENTS
A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the
Work or in the work of any other contractor.
B. Minimum number required:
1. Shop Drawings
a. Three (3) copies minimum, two (2) copies which will be retained by Engineer.
1.4 RE-SUBMISSION REQUIREMENTS
A. Make corrections or changes required by Engineer and resubmit until accepted.
B. In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents.
C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions.
D. Shop Drawings.
1. Include additional drawings that may be required to show essential details of any changes proposed by
Contractor along with required wiring and piping layouts.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 15 of 71
SECTION 01410
TESTING
General Requirements - Page 11 of 17
1.1 GENERAL
A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and
forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have
been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use
after approval hereof shall not be incorporated into the work.
B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish
the required samples without charge and give sufficient notice of the placing of orders to permit the testing.
Products may be sampled either prior to shipment or after being received at the site of the work.
C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided,
sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with
the latest standards and tentative methods of the American Society for Testing Materials (ASTM).
D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such
information is included under the applicable sections of the Specifications. Any modification of, or elaboration on,
these test procedures which may be included for specific materials under their respective sections in the
Specifications shall take precedence over these procedures.
1.2 OWNER'S RESPONSIBILITIES
A. Owner shall be responsible for and shall pay all costs in connection with testing for the following:
1. Soil tests, except those called for under Submittals thereof.
2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner.
3. Concrete tests, except those called for under Submittals thereof.
1.3 CONTRACTOR'S RESPONSIBILITIES
A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible
for and shall pay all costs in connection with testing required for the following:
1. All performance and field testing specifically called for by the specifications.
2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above.
3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave,
pour, or fill on schedule for any reason except by action of the Engineer.
B. Contractor shall notify the Project Representative 48 hours prior to performing an operation that would require
testing.
1.4 CONTRACTOR'S 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 his subcontractors, to ensure conformance to the functional performance of this project.
This control shall be established for all construction except where the Contract Documents provide for specific
compliance tests by testing laboratories or engineers employed by the Owner. The Contractor’s control system shall
specifically include all testing required by the various sections of these Specifications.
BID 7251 Transfort Concrete Repair Page 16 of 71
SECTION 01410
TESTING
General Requirements - Page 12 of 17
B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the
Work. The Superintendent shall have adequate experience to perform the duties of Superintendent.
C. Contractor's quality control system is the means by which he assures himself that his 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.
D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions
received from the Engineer 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 test, nature
of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document
inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 17 of 71
SECTION 01510
TEMPORARY UTILITIES
General Requirements - Page 13 of 17
1.1 UTILITIES
A. Furnish all utilities necessary for construction.
B. Make arrangements with Owner as to the amount of water required and time when water will be needed.
1. Meters may be obtained through the Water Utility Meter Shop at 221-6759.
2. Unnecessary waste of water will not be tolerated.
C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor.
1.2 SANITARY FACILITIES
A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or
furnishing services on the Project.
B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods.
C. Enforce the use of such sanitary facilities by all personnel at the site.
D. Obscure from public view to the greatest practical extent.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 18 of 71
SECTION 01560
TEMPORARY CONTROLS
General Requirements - Page 14 of 17
1.1 NOISE CONTROL
A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated
areas.
B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a
manner to cause the least noise consistent with efficient performance of the Work.
C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m.
1.2 DUST CONTROL
A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing.
B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist
with water or by application of a chemical dust suppressant.
1. Chemical dust suppressant shall not be injurious to existing or future vegetation.
1.3 POLLUTION CONTROL
A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances
resulting from construction activities.
1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site.
2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts.
1.4 EROSION CONTROL
A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities.
1. Measures in general will include:
a. Control of runoff.
b. Trapping of sediment.
c. Minimizing area and duration of soil exposure.
d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of
banks and beds of watercourses or drainage swales where runoff will be increased due to construction
activities.
B. Preserve natural vegetation to greatest extent possible.
C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion.
D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual.
BID 7251 Transfort Concrete Repair Page 19 of 71
SECTION 01560
TEMPORARY CONTROLS
General Requirements - Page 15 of 17
1.5 TRAFFIC CONTROL
A. Maintain traffic control in accordance with the “Manual of Uniform Traffic Control Devices” (MUTCD), the City of
Fort Collins “Work Area Traffic Control Handbook,” and the current “Larimer County Urban Area Street
Standards.” In the event of a conflict between the MUTCD criteria and the City’s criteria, the City’s criteria shall
govern.
1.6 HAUL ROUTES
The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads.
These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements,
and/or pavements whose condition would be significantly damaged by heavy loads.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 20 of 71
SECTION 01700
CONTRACT CLOSEOUT
General Requirements - Page 16 of 17
1.1 CLEANING AND RESTORATION
A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was
begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities
damaged or soiled during construction. The Project Representative will be the judge of the degree of restoration
required.
1.2 PROJECT RECORD DOCUMENTS
A. Maintain on the job site, and make available to the Engineer upon request, one current marked-up set of the
drawings which accurately indicate all approved variations in the completed work that differ from the design
information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered.
B. These record drawings along with any survey records, photographs and written descriptions of said work as may be
required by the Engineer shall be submitted prior to project acceptance.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 21 of 71
SECTION 01800
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
General Requirements - Page 17 of 17
1.1 DEFECTIVE WORK
A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to
a point of acceptance.
1.2 BID PRICE
A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a
pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection
therewith shall be included in the prices bid for the various items of Work.
B. Prices shall include all costs in connection with the proper and successful completion of the Work, including
furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work.
C. Unit prices shall govern over extensions of sums.
D. Unit prices shall not be subject to re-negotiation.
1.3 ESTIMATED QUANTITIES
A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The
basis of payment shall be the actual amount of materials furnished and Work done.
B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any
difference between the amount of Work actually performed and materials actually furnished and the estimated
amount therefor.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 22 of 71
SECTION 02000
PROJECT SPECIFICATIONS
The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 2011, and the
current Larimer County “Urban Area Street Standards”, (hereafter referred to as the "Standard Specifications") are made
a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard
Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of
the provisions of the preceding Sections, the preceding Sections shall govern.
INDEX OF REVISIONS
SECTION
104 Traffic and Parking Control
105 Control of Work
107 Protection and Restoration of Property and Landscape
108 Prosecution and Progress
201 Clearing and Grubbing
202 Removal of Structures and Obstructions
203 Excavation and Embankment
208 Erosion Control and Inlet Protection
212 Seeding, Fertilizer, and Sodding
304 Aggregate Base Course
412 Portland Cement Concrete Pavement
630 Construction Zone Traffic Control
BID 7251 Transfort Concrete Repair Page 23 of 71
REVISION OF SECTION 104
TRAFFIC AND PARKING CONTROL
Project Specifications - Page 2 of 18
Section 104 of the Standard Specifications is hereby revised as follows:
Subsection 104.04 shall include the following.
The Contractor shall maintain pedestrian and vehicular access within the project at all times. Pedestrian access must
be clearly delineated and buffered from construction activities at all times, and may include construction and
installation of temporary ramps and wooden walkways as necessary.
The cost for traffic control is covered in “Revision of Section 630, Construction Zone Traffic Control” found herein.
BID 7251 Transfort Concrete Repair Page 24 of 71
REVISION OF SECTION 105
CONTROL OF WORK
Project Specifications - Page 3 of 18
Section 105 of the Standard Specifications is hereby revised as follows:
COOPERATION BETWEEN CONTRACTORS
Subsection 105.11 shall include the following:
Colorado State University, Transfort and private utility contractors may perform work related to the project within or
near the limits of this project. The Contractor shall conduct the work without interfering or hindering the progress or
completion of the work being performed by other contractors. The Contractor shall coordinate extensively with
these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work.
INSPECTION AND TESTING OF WORK
Subsection 105.15 shall include the following:
The Contractor shall keep the City Representative informed of his future construction operations to facilitate
scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the City
Representative a minimum of 24 hours in advance of starting any construction operation that will require inspection,
measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner
and the Engineer from any responsibility for additional costs or delays caused by such failure.
Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as
prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may
be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that
payment therefore has been included in the progress estimate.
MAINTENANCE DURING CONSTRUCTION
Subsection 105.18 shall include the following:
The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be
cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleaned after the
completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and
equipment to satisfactorily clean the roadway area.
The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to
clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the
commencement of work.
The Contractor shall maintain the streets and drive aisles during the construction process as prescribed above.
All cost of maintaining the work during construction and before the project is accepted will not be paid for
separately, but shall be included in the work.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 25 of 71
REVISION OF SECTION 107
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
Project Specifications - Page 4 of 18
Section 107 of the Standard Specifications is hereby revised as follows:
Subsection 107.12 shall include the following:
The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details or
construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract. It
shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements
which may be subject to such damage by reason of his operations.
If the area to be repaired is five (5) inches or less in width, the Contractor shall clean the area of all debris (i.e.
concrete, road base, etc.) to a minimum depth of four (4) inches, prepare all edges to be clean and vertical, and place
(see below) and compact topsoil. The topsoil shall be compacted utilizing a hand operated roller or other method
approved by the Engineer.
The placement of topsoil (backfill) shall be completed within two (2) working days of the placement of the concrete.
The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks,
brush, weeds, heavy clay, hard clods, toxic substances or other material which would be detrimental to the proper
development of vegetative growth. The material to be utilized shall be approved by the Engineer prior to placement.
The topsoil shall be in a relatively dry state and placed during dry weather. The topsoil shall be fine graded to
eliminate rough and low areas and ensure positive drainage. The existing levels, profiles and contours shall be
maintained.
If any portion of the area to be repaired is greater than five (5) inches in width, the Contractor shall clean and
prepare the area along the entire length of the repair location as stated above to a minimum of one (1) foot, place sod
over the entire area, water once, and notify the property owner in writing of the nature of the work that has taken
place and that the sod will be watered only once.
If the area to be repaired is only damaged on the surface, the Contractor shall remove the damaged areas of sod to a
depth that will allow new sod to be placed, place new sod, water once and notify the property owner in writing of the
nature of the work that has taken place and the fact that the sod will be watered only once. The minimum overall
width of the area to be sodded shall be one (1) foot.
Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be replaced
at the Contractor's expense, within three (3) working days from the date of damage.
All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his expense
unless a written waiver is obtained from the property owner and submitted to the Engineer. Re-sodded lawns shall
be watered once by the Contractor.
All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the
Contractor in connection with the various items of the Work, and no measurement or payment shall be made
separately for the protection and restoration of landscaping and lawns. All restoration of landscaping and lawns
damaged by construction operations shall take place within three (3) working days from the date of damage.
All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground
facilities shall be considered incidental to the work being done and shall not be measured and paid for separately.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 26 of 71
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Project Specifications - Page 5 of 18
Section 108 of the Standard Specifications is hereby revised as follows:
SCHEDULE
Subsection 108.03 shall include the following:
A schedule of work must accompany any bid, and shall include number of working days per location to complete all
unit work items covered by the contract. Vicinity maps of each area are included in Section 03500, Project Maps.
The schedule should take any priorities into consideration. The schedule should also include projected start and end
dates.
Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the
schedule of working days discussed above.
LIMITATION OF OPERATIONS
Subsection 108.04 shall include the following:
The work shall be completed within the following calendar months:
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
DETERMINATION AND EXTENSION OF TIME
Subsection 108.07 shall include the following:
Work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer.
Work at the CSU Transit Center must be complete on or before August 20, 2011. Work at the Transfort Maintenance
Facility shall be coordinated with Transfort staff and phased to allow for continued bus operations during
construction.
All Work is to be completed in thirty five (35) working days and during the months of August, September and
October.
FAILURE TO COMPLETE WORK ON TIME
Subsection 108.08 shall include the following:
Failure to complete the work at CSU on or before August 20, 2011, or to meet the agreed upon milestones, or fully
complete the project in thirty five (35) working days, shall result in damages assessed against the Contractor.
At the City’s option, liquidated damages in the amount of $1,000.00 per day may be retained from any monies due
the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain
any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of
liquidated damages.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 27 of 71
REVISION OF SECTION 201
CLEARING AND GRUBBING
Project Specifications - Page 6 of 18
Section 201 of the Standard Specifications is hereby revised as follows:
CONSTRUCTION REQUIREMENTS
Subsection 201.02 shall be amended to include the following:
When any tree roots are encountered during construction operations, the Contractor shall notify the Engineer prior to
any root removals. The Engineer and the City Forester's representative shall then make a determination regarding
removal.
Tree roots shall be removed with a sharpened, sanitized saw, cut orthogonally to its longitudinal axis as closely as
practical, to leave the freshly cut root surface in a clean and smooth condition. Axes or other blunt objects shall not
be used to cut tree roots.
Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contractor to prevent any
damage to the roots with tools or equipment.
BASIS OF PAYMENT
Subsection 201.04 shall be amended to include the following:
All costs for removing tree roots shall be considered a subsidiary obligation of the Contractor in connection with the
various items of the Work, and no measurement or payment shall be made separately for the removal of tree roots.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 28 of 71
REVISION OF SECTION 202
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
Project Specifications - Page 7 of 18
Section 202 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 202.01 is revised to include the following:
This work consists of removal of existing concrete pavement, concrete steam tunnel deck, portions of steam
tunnel walls, manholes, condensate line and insulation, curb and gutter, and other debris in the steam tunnel.
This work also includes sawcutting to facilitate controlled breaking and removal of concrete and asphalt to a
neat line.
CONSTRUCTION REQUIREMENTS
Subsection 202.02 is revised to include the following:
Sawing of concrete shall be done to a true line, with a vertical face, unless otherwise specified. The depth of a
saw cut in concrete shall be 4 inches or less, as directed by the Engineer.
Residue from sawing shall be removed by the Contractor at the earliest opportunity. Residue will not be allowed to
run through the gutter flowline for more than 100 ft. The Contractor shall prevent tracking of residue onto the
roadway or walkway and shall prevent discharge into the storm drainage system. See Section 208 “Erosion Control
and Inlet Protection” contained herein.
Steel plates currently in place over the steam tunnel are the property of Colorado State University. At least 48 hours
prior to construction Contractor shall notify Roger Elbrader at 970-491-0142 to schedule plate removal by CSU
staff.
METHOD OF MEASUREMENT
Subsection 202.11 is revised to include the following:
Sawcutting related to the items described in Revision of Section 412 Portland Cement Concrete Pavement, shall be
considered a subsidiary obligation of the Contractor, and shall not be measured or paid for separately.
Erosion control measures used during sawcutting are considered incidental to all sawcutting operations and shall not
be paid for separately.
BASIS OF PAYMENT
Subsection 202.12 is revised to include the following:
Payment will be made under:
Pay Item Unit
202.01 Removal of Structures and Obstructions LF
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in Removal of Structures and Obstructions, including sawcutting, erosion
control, removal of concrete pavement, steam tunnel walls, manholes, condensate line and insulation, curb and gutter,
and disposal of unusable materials, as shown on the plans, as specified in these specifications, and as directed by the
Engineer.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 29 of 71
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Project Specifications - Page 8 of 18
Section 203 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 203.01 is revised to include the following:
This work shall consist of removing and disposing of the existing base or other material, preparing the subgrade for
the subsequent course, and placing borrow in accordance with the specifications and in reasonably close conformity
with the lines, grades, and typical cross sections shown on the plans or as designated by the Engineer. All
excavation will be classified, "General Excavation", as hereafter described. The Contractor shall dispose of all
excavated material.
CONSTRUCTION REQUIREMENTS
Subsection 203.05 is revised to include the following:
Muck Excavation shall consist of the excavation of unsuitable materials encountered in the subgrade. Material shall
be removed to the depth directed by the Engineer. The excavated area shall be backfilled to the finished graded
section with approved borrow material.
The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have
been placed.
The excavation will be accomplished in the following manner:
Muck Excavation:
The areas to be removed will be marked on the surface by the Engineer with paint. If, in the opinion of the
Engineer, the subgrade material is unsuitable, it shall be removed to the limits and depths designated.
After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the
subgrade by compacting with a sheepsfoot roller, rubber tired roller and/or other compaction equipment as approved
by the Engineer. The subgrade preparation shall not be measured and paid for separately, but shall be included in
the contract unit price for Muck Excavation.
Borrow:
Borrow shall be placed as directed by the Engineer. The minimum amount of borrow shall be one load
(approximately ten (10) ton). The cost for compaction shall be included in the Contract Unit Price for Borrow.
Borrow material shall meet the grading requirement for Class 1 (Pit Run) or Class 5 (Road Base) Aggregate Base
Course. (The Class 1 Aggregate Base Course need not be crushed and can be of the pit run variety provided it falls
within the gradation requirements as shown in the Standard Specifications.) The material required for a specific
location shall be directed by the Engineer.
The Contractor and the City Representative shall field measure and agree upon the excavated quantity before any
further work continues. Should the Contractor fail to request the City Representative to measure any work and
perform other work that would prevent the City Representative from measuring pay quantities, the Contractor shall
not be compensated for materials not measured by the City Representative.
Borrow will be paid by the ton at the proper moisture. Haul and water necessary to bring mixture to optimum
moisture content will not be measured or paid for separately, but shall be included in the contract unit price for
Borrow.
Load slips shall be consecutively numbered for each day, and submitted to the City Representative daily.
BID 7251 Transfort Concrete Repair Page 30 of 71
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Project Specifications - Page 9 of 18
METHOD OF MEASUREMENT
Subsection 203.13 shall include the following:
The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further work
continues. Should the Contractor fail to request the Engineer to measure any work and perform other work that
would prevent the Engineer from measuring pay quantities, the Contractor shall not be compensated for materials
not measured by the Engineer.
The accepted quantities of Muck Excavation will be paid for at the contract unit price per cubic yard. Subgrade
preparation, haul and disposal will not be measured and paid for separately.
The accepted quantities of Borrow will be paid for at the contract unit price per ton. Compaction and haul will not
be measured and paid for separately.
BASIS OF PAYMENT
Subsection 203.14 shall include the following:
Payment will be made under:
Pay Item Unit
203.01 Muck Excavation CY
203.02 Borrow Ton
203.03 Flow Fill CY
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in Excavation and Borrow including haul, stockpiling, placing material,
watering or drying soil, compaction, proof rolling, finish grading and disposal of unusable materials, as shown on the
plans, as specified in these specifications, and as directed by the Engineer.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 31 of 71
REVISION OF SECTION 208
EROSION CONTROL AND INLET PROTECTION
Project Specifications - Page 10 of 18
Section 208 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 208 shall be revised as follows:
This work shall consist of constructing, installing, maintaining, and removing when required, erosion control
measures during the life of the Contract and at a minimum at all inlets to prevent or minimize erosion,
sedimentation, and pollution of any state waters. Work shall be in accordance with the Colorado Department of
Transportation Standard Specifications for Road and Bridge Construction (latest edition), The City of Fort Collins
Urban Drainage and Flood Control District Urban Drainage Criteria Manual, and the City of Fort Collins
Environmental Standard Operating Procedures.
Any loss of time or materials related to erosion shall be the sole responsibility of the Contractor. Any damage to
surrounding properties or facilities (either on site or offsite) related to erosion caused by construction of this project,
will be the sole responsibility of the Contractor
MATERIALS
Subsection 208.02 shall be revised as follows:
Contractor will submit the type of material to be used for erosion control measures prior to beginning the work.
Straw wattles shall not be allowed.
CONSTRUCTION REQUIREMENTS
All erosion control measures must be installed prior to starting work.
It shall be the responsibility of the contractor to ensure that all roadways near the project are kept clean of
construction debris. Inlet protection shall include sufficient length to protect around the perimeter of the grate.
Inlet filters
All storm drainage system inlets shall be filtered unless better treatment is available before water is discharged
into streams or onto adjacent properties. These methods are applicable to existing and proposed drain systems
that will be operational before the drainage basin is stabilized.
Drop Inlets
Drop inlets in unpaved areas shall be filtered with straw bales anchored with wooden stakes as shown in Figure
D-23. Drop Inlets in paved areas shall have gravel filters Figure D-24. Materials other than straw bales must be
demonstrated to provide the same level of treatment before acceptance by Fort Collins.
Straw bales shall be placed in a single row tightly butted end-to-end or overlapped and staked. The bales shall
be installed to a minimum depth of four inches. After bales are installed and staked, loose straw will be wedged
between bales and soil shall be backfilled three inches against the filter.
Curb-opening Inlets
Curb-opening Inlets shall be filtered with a combination of concrete blocks, 1/2 – inch wire screen and coarse
gravel (3/4 – inch) constructed according to Figure D-25, or as Approved by the City Representative.
BID 7251 Transfort Concrete Repair Page 32 of 71
REVISION OF SECTION 208
EROSION CONTROL AND INLET PROTECTION
Project Specifications - Page 11 of 18
Maintenance
The contractor shall continuously maintain all erosion and sediment control features so that they function properly
during site construction. See Detail SC-5 contained herein.
All inlet filters shall be inspected and repairs made after each runoff event. Sediments shall be removed when
one half the design depth has been filled. Removed sediments shall be deposited in an area tributary to a
sediment basin. Sediments shall be removed immediately from the traveled way of roads and streets.
METHOD OF MEASUREMENT
Subsection 208.7 is revised to include the following:
Erosion control measures are considered incidental to the Work and shall not be paid for separately.
Excavation required for removal of accumulated sediment from traps, basins, and other clean out excavation of
accumulated sediment, and the disposal of such sediment, shall be considered incidental to the work and not paid
separately.
Street sweeping will not be measured or paid for separately but shall be incidental to the work.
Concrete/truck washout area is considered incidental to the work and shall not be paid for separately.
BASIS OF PAYMENT
Subsection 208.08 is revised to include the following:
All costs for erosion control shall be considered a subsidiary obligation of the Contractor in connection with the
various items of the Work, and no measurement or payment shall be made separately.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 33 of 71
REVISION OF SECTION 212
SEEDING, FERTILIZER AND SODDING
Project Specifications - Page 12 of 18
Section 212 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 212.01 is revised to include the following:
This work shall consist of soil preparation and furnishing and placing topsoil and blue grass sod in accordance with
these specifications, accepted horticulture practice, and in reasonably close conformity with the locations and details
shown on the plans or as designated. This work shall not include locations of concrete repair in which grade
changes and additional work does not occur. See "Revision of Section 107 Protection and Restoration of Property
and Landscape" found herein.
MATERIALS
Subsection 212.02 is revised to include the following:
Topsoil Topsoil shall conform to the requirements of “Protection and Restoration of Property" found herein.
Sod Bluegrass sod shall be nursery grown, 99% Kentucky Blue Grass and 99% weed free. Other sod type
may be used only if approved in writing by the Engineer. The 1% allowable weeds shall not include
any undesirable perennial or annual grasses or plants. Soil thickness of sod cuts shall not be less than
3/4 inch nor more than one inch. Sod shall be cut in uniform strips with minimum dimensions of 12
inches in width and 48 inches in length. The Contractor shall submit a sample of the sod he proposes to
furnish. Said sample shall serve as a standard. Any sod furnished, whether in place or not, that is not
up to the standard of the sample may be rejected. Sod that has been cut for more than 24 hours shall not
be used.
Each load of sod shall be accompanied by a certificate from the grower stating the type of sod, and the
date and time of cutting.
CONSTRUCTION REQUIREMENTS
Subsection 212.05 is revised to include the following:
Sodding:
Soil Preparation: The area shall be cleaned with a minimum depth of four (4) inches (where topsoil does not exist)
and a minimum width of one (1) foot, all irregularities in the ground surface shall be removed, and all edges clean
and vertical. Sticks, stones, debris, and other similar material more than ½ inch in diameter shall be removed. Any
objectionable depressions or other variances from a smooth grade shall be corrected.
Topsoil Placement: Topsoil shall be placed and compacted with a minimum depth of four (4) inches. The amount
of compaction required shall be as directed by the Engineer.
Sod Placement: The minimum width for sod shall be one (1) foot. The area to be sodded shall be smooth. The sod
shall be laid by staggering joints with all edges touching. On any slopes, the sod shall run approximately parallel to
the slope contours. The Contractor shall water the sod once and notify the property owner in writing of the nature of
the work that has taken place and that the sod will only be watered once.
Sod placement/replacement required due to Contractor negligence shall follow the requirements of this section but
will not be measured and paid for under the terms of this contract.
BID 7251 Transfort Concrete Repair Page 34 of 71
REVISION OF SECTION 212
SEEDING, FERTILIZER AND SODDING
Project Specifications - Page 13 of 18
BASIS OF PAYMENT
Subsection 212.08 is revised to include the following:
No measurement for payment shall be made for re-sodding lawn damaged by the Contractor adjacent to new
concrete, when the grade of the existing lawn reasonably matches the grade of the new concrete. Re-sodding in this
instance shall be considered incidental to the work being performed.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 35 of 71
REVISION OF SECTION 304
AGGREGATE BASE COURSE
Project Specifications - Page 14 of 18
Section 304 of the Standard Specifications is hereby revised as follows:
MATERIALS
Subsection 304.02 is revised to include the following:
Aggregate Base Course shall meet the grading requirements for Class 5. Recycled concrete may be substituted for
Aggregate Base Course at any time as directed by the Engineer.
METHOD OF MEASUREMENT
Subsection 304.07 is revised to include the following:
Aggregate Base Course will be measured by the ton at the proper moisture. Haul and water necessary to bring
mixture to optimum moisture content will not be measured and paid for separately, but shall be included in the
contract unit price for Aggregate Base Course.
Failure to protect open excavations, or any other use not directly related to the Work, shall not be measured or paid
for separately but shall be included in the Work.
Borrow that is placed as a result of excavation of unsuitable subgrade will be paid for at the unit price for Borrow
under Revision of Section 203, Excavation and Embankment.
Load slips shall be consecutively numbered for each day, and submitted to the Engineer daily.
The accepted quantities for Aggregate Base Course will be paid for at the contract unit price per ton.
BASIS OF PAYMENT
Subsection 304.08 is revised to include the following:
Payment will be made under:
Pay Item Unit
304.01 Aggregate Base Course Ton
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals and for doing all work involved in the placement of Aggregate Base Course, complete-in-place,
including haul and water, as shown on the plans, as specified in these specifications, and as directed by the Engineer.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 36 of 71
REVISION OF SECTION 412
PORTLAND CEMENT CONCRETE PAVEMENT
Project Specifications - Page 15 of 18
Section 412 of the Standard Specifications is revised as follows:
DESCRIPTION
This work consists of the construction of concrete pavement and curb in accordance with these specifications and in
conformity with the lines and grades shown on the plans or established.
MATERIALS
The mix designs for all types of concrete to be utilized shall be determined by the Contractor and submitted to the
Engineer and approved a minimum of one week prior to the beginning of construction.
Cement used shall conform to the Standard Specification for Portland Cement, ASTM C 150-85, AASHTO M85,
Type I, Type I/II, or Type III.
Class B “High Early” concrete shall be used for concrete repair locations. “High Early” concrete shall have a
specified compressive strength of 4000 psi and a minimum 48 hour compressive strength of 3000 psi. The concrete
shall have a maximum water/cement ratio of 0.45. The type of concrete used for a particular location shall be
approved by the Engineer. See also Section 2.05, ‘Rigid Pavement Design’, and Section 4.2.4., ‘Concrete Streets’,
of the City of Fort Collins Design Criteria and Standards for Streets."
Water Reducing Agents shall conform to ASTM C 494-82.
Accelerating Agents shall conform to ASTM C 494-82. Calcium Chloride shall not be utilized as an accelerating
agent.
The Contractor shall furnish a load slip containing the information required by AASHTO M157, Section 13,
Subsection 13.1 and 13.2, with each batch of concrete. In addition, the type of concrete (mix code) shall be shown
on each load slip. Concrete delivered without a load slip containing complete information as specified will be
subject to rejection.
Curing materials shall be white pigmented liquid linseed oil based or paraffin based curing compound, and shall
conform to ASTM Specification C 309-81 Type II, Class B. The application rate for curing compound shall be 150
sq. ft./gal. for all concrete. The curing compound shall be applied immediately upon completion of the finishing.
CONSTRUCTION REQUIREMENTS
The finished exposed surface and edging of the concrete will match as closely as possible the surface treatment of
the surrounding existing concrete.
Existing pavement shall be saw cut to obtain a straight and neat edge for paving and shall be deep enough to cut
through the entire pavement thickness. All joints shall be sealed with an asphalt filler compound, or approved equal,
in accordance with Section 412.18 of the Standard Specifications. The cost for joint sealing shall be included in the
contract unit price for “Concrete Pavement.”
The top of the new pavement shall be even with the existing concrete pavement. The concrete shall be consolidated
with a mechanical vibrator.
The Contractor shall be responsible for the protection of the subgrade/base course until the concrete is placed.
BID 7251 Transfort Concrete Repair Page 37 of 71
REVISION OF SECTION 412
PORTLAND CEMENT CONCRETE PAVEMENT
Project Specifications - Page 16 of 18
The Contractor shall protect the concrete against moisture loss, rapid temperature change, rain, flowing water,
mechanical injury, pedestrian and vehicular traffic, and Contractor's equipment for a minimum of 36 hours after the
placement of curing compound for 48 hour high early concrete. Concrete blankets shall be used when the
temperature is expected to fall to 32ºF or below within 36 hours after placement of curing compound for 48 hour
high early concrete.
Concrete washout/truck washout shall be contained in such a manner that no visual evidence of cement or aggregate
spoils remains on the site. In addition, direct washout to curb and gutter flow lines or inlet structures is prohibited.
Washout may be accomplished by use of a designated spoils/base pile, as described in Section 208 of the Standard
Specifications, or at an identified off-site location. Methods shall be submitted for approval by the Engineer.
METHOD OF MEASUREMENT
Sawcutting related to the items in this section shall be considered a subsidiary obligation of the Contractor, and shall
not be measured or paid for separately. Erosion control measures used during sawcutting are considered incidental
to all sawcutting operations and shall not be paid for separately.
BASIS OF PAYMENT
Payment will be made under:
Pay Item Unit
412.01 Concrete Pavement (7 Inch)(with Curb) SY
412.02 Concrete Pavement (8 Inch) (Remove and Replace) SY
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for doing all the work involved in Sidewalks, Curb & Gutter, Drive Approaches, Aprons,
Crosspans, and Concrete Pavement, complete-in-place, including removal, sawcutting, haul and disposal, as shown
on the plans, as specified in these specifications, and as directed by the Engineer.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 38 of 71
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Project Specifications - Page 17 of 18
Section 630 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 630.01 shall be revised as follows:
This work shall consist of furnishing, installing, moving maintaining and removing temporary construction traffic
control devices, including but not limited to signs, advance warning arrows panels, variable message boards,
barricades, channelizing devices, and delineators as required by the "Manual on Uniform Traffic Control Devices for
Streets and Highways" (MUTCD), the current Larimer County Urban Area Street Standards (LCUASS), and the
Colorado Department of Transportation Standard Specifications for Road and Bridge Construction.
MATERIALS
Subsection 630.02 shall include the following:
All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the
MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be
maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out
information or any other form of defacement that detracts from the purpose for which they are intended.
Subsection 630.09 shall include the following:
Traffic control devices shall be placed and/or stored in such a manner that minimizes the hazards to pedestrians,
bicyclists and vehicles.
CONSTRUCTION REQUIREMENTS
Subsection 630.10 shall be revised as follows:
TRAFFIC CONTROL PLAN
For all locations, a Traffic Control Plan shall be prepared by a Traffic Control Supervisor certified by the American
Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado
Contractor's Association (CCA).
The Traffic Control Plans shall be submitted to the City Representative and to Colorado State University for
approval at least 48 hours prior to construction.
BASIS OF PAYMENT
Subsection 630.16 shall be revised as follows:
Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of
construction traffic control devices necessary to complete the work.
The accepted quantities will be paid for at the contract unit price for each of the pay items listed below:
Pay Item Unit
630.01 Traffic Control (CSU Transit Center) Lump Sum
630.02 Traffic Control (Transfort Maintenance Facility) Lump Sum
The City shall not be responsible for any losses or damage due to theft or vandalism.
BID 7251 Transfort Concrete Repair Page 39 of 71
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Project Specifications - Page 18 of 18
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals and for doing all work involved in Construction Zone Traffic Control including plan preparation and
review, equipment set up, removal, and modification, TCS and flagging personnel, vehicles, phones, printed
notifications, and sandbags as specified in these specifications, and as directed by the Engineer.
END OF SECTION
BID 7251 Transfort Concrete Repair Page 40 of 71
SECTION 03500
PROJECT MAPS
CSU Transit Center (CTC)
Transfort Maintenance Facility
BID 7251 Transfort Concrete Repair Page 41 of 71
E TRILBY RD
KYLE AVE
KENT AVE
S COLLEGE AVE
CHERYLEN ST
LYNN DR
VIVIAN ST
GARY DR
VIVIAN CT
PORTNER RD
DEBRA DR
STRADER LN
W LAUREL ST
S MASON ST
S COLLEGE AVE
UNIVERSITY AVE
OVAL DR
EAST DR
WEST DR
OLD MAIN DR
CENTER AVENUE ML
E PLUM ST
LOCUST ST
E LAUREL ST
REMBRANDT DR
E ELIZABETH ST
ISOTOPE DR
UNIVERSITY AVE
Vicinity Map - Transfort Concrete Repair Ü
Transfort Maintenance Facility
6570 Portner Road
CSU Transit Center (CTC)
BID 7251 Transfort Concrete Repair Page 42 of 71
E TRILBY RD
KYLE AVE
KENT AVE
S COLLEGE AVE
CHERYLEN ST
LYNN DR
VIVIAN ST
GARY DR
VIVIAN CT
PORTNER RD
DEBRA DR
STRADER LN
W LAUREL ST
S MASON ST
S COLLEGE AVE
UNIVERSITY AVE
OVAL DR
EAST DR
WEST DR
OLD MAIN DR
CENTER AVENUE ML
E PLUM ST
LOCUST ST
E LAUREL ST
REMBRANDT DR
E ELIZABETH ST
ISOTOPE DR
UNIVERSITY AVE
Vicinity Map - Transfort Concrete Repair Ü
Transfort Maintenance Facility
6570 Portner Road
CSU Transit Center (CTC)
BID 7251 Transfort Concrete Repair Page 43 of 71
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES................................................................. 1
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS....... 1
3. ACCESS TO RECORDS AND REPORTS........................................................................................ 1
4. FEDERAL CHANGES ....................................................................................................................... 2
5. CIVIL RIGHTS REQUIREMENTS ..................................................................................................... 2
6. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ..................................................................... 3
7. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS............................ 4
8. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ...................... 4
9. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS ........................................................... 5
10. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT................................................... 12
11. ENERGY CONSERVATION REQUIREMENTS .............................................................................. 13
12. RECYCLED PRODUCTS ................................................................................................................ 13
13. ADA Access.................................................................................................................................... 13
BID 7251 Transfort Concrete Repair Page 44 of 71
1. 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.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
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. § 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. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 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.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. 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
United States or any of their authorized representatives access to any books,
BID 7251 Transfort Concrete Repair Page 45 of 71
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)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
B. 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.
C. 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).
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3
18 CFR 18.36 (i)
4. FEDERAL CHANGES
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 Master Agreement 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.
5. CIVIL RIGHTS REQUIREMENTS
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. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
Federal transit law at 49 U.S.C. § 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 VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
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 seq., (which implement Executive Order No. 11246, "Equal
BID 7251 Transfort Concrete Repair Page 46 of 71
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 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. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In 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. § 12112, the Contractor agrees that it will 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.
6. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 7.6 %. A separate contract goal [has not] been established for this
procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other remedy
as City of Fort Collins deems appropriate. Each subcontract the contractor signs with
a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
BID 7251 Transfort Concrete Repair Page 47 of 71
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the City of Fort Collins. In addition,
[the contractor may not hold retainage from its subcontractors.] [is required to
return any retainage payments to those subcontractors within 30 days after the
subcontractor's work related to this contract is satisfactorily completed.] [is
required to return any retainage payments to those subcontractors within 30 days
after incremental acceptance of the subcontractor’s work by the City of Fort
Collins and contractor’s receipt of the partial retainage payment related to the
subcontractor’s work.]
e. The contractor must promptly notify City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of City of Fort Collins.
7. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include,
in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set
forth in the preceding contract provisions. All contractual provisions required by DOT, as set
forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The Contractor shall not perform any
act, fail to perform any act, or refuse to comply with any (name of grantee) requests which
would cause (name of grantee) to be in violation of the FTA terms and conditions.
8. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies,
DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide
regulation implements Executive Order 12549, Debarment and Suspension, Executive Order
12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-
355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected
to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally
required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in
that the dollar threshold for application of these rules has been lowered from $100,000 to
$25,000. These are contracts and subcontracts referred to in the regulation as “covered
transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are
required to verify that the entity (as well as its principals and affiliates) they propose to contract
or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded
Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or
condition to the contract or subcontract. This represents a change from prior practice in that
certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include this
BID 7251 Transfort Concrete Repair Page 48 of 71
requirement in their own subsequent covered transactions (i.e., the requirement flows down to
subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert agency
name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to {insert agency name}, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment. The
bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this
offer is valid and throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
9. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS
Background and Application
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874.
The Acts apply to grantee construction contracts and subcontracts that “at least partly are
financed by a loan or grant from the Federal Government.” 40 USC 3145(a), 29 CFR 5.2(h), 49
CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29
CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual construction, alteration
and/or repair, including painting and decorating.” 29 CFR 5.5(a). The requirements of both
Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and
reproduced below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model
clause below should be coordinated with counsel to ensure the Acts’ requirements are satisfied.
Clause Language
Davis-Bacon and Copeland Anti-Kickback Acts
(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
BID 7251 Transfort Concrete Repair Page 49 of 71
(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
employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classifications and wage rates conformed under paragraph (1)(ii) of this section) and
the Davis-Bacon poster (WH-1321) 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)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, 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 shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been
met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), 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; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a
classification prevails in the area in which the work is performed.
(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
BID 7251 Transfort Concrete Repair Page 50 of 71
Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, DC 20210. 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 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.
(D) The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs (a)(1)(ii) (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.
(iii) 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.
(iv) 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 require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(v)(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 shall 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.
BID 7251 Transfort Concrete Repair Page 51 of 71
(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 20210. 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 (a)(1)(v) (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 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 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 City of Fort Collins 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,
BID 7251 Transfort Concrete Repair Page 52 of 71
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 City of Fort Collins 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 section 5.5(a)(3)(i)
of Regulations, 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 section 5.5(a)(3)(i) of Regulations, 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.
(C) The weekly submission of a properly executed certification set forth
on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by
paragraph (a)(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
1001 of title 18 and section 231 of title 31 of the United States Code.
BID 7251 Transfort Concrete Repair Page 53 of 71
(iii) The contractor or subcontractor shall make the records required under
paragraph (a)(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 shall 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 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 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.
BID 7251 Transfort Concrete Repair Page 54 of 71
(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 11246, 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.
BID 7251 Transfort Concrete Repair Page 55 of 71
(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 forth in 29 CFR parts 5, 6, and 7.
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.
10. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The
Act applies to grantee contracts and subcontracts “financed at least in part by loans or grants
from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49
CFR 18.36(i)(6). Although the original Act required its application in any construction contract
over $2,000 or non-construction contract to which the Act applied over $2,500 (and language to
that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an
amount that is not greater than $100,000.” 40 USC 3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-construction
projects that employ “laborers or mechanics on a public work.” These non-construction
applications do not generally apply to transit procurements because transit procurements (to
include rail cars and buses) are deemed “commercial items.” 40 USC 3707, 41 USC 403 (12).
A grantee that contemplates entering into a contract to procure a developmental or unique item
should consult counsel to determine if the Act applies to that procurement and that additional
language required by 29 CFR 5.5(c) must be added to the basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model
clause below should be coordinated with counsel to ensure the Act’s requirements are satisfied.
Clause Language Contract Work Hours and Safety Standards
(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
BID 7251 Transfort Concrete Repair Page 56 of 71
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 (write in the name of the
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 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 paragraphs (1) through (4) of 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 paragraphs (1) through (4) of this section.
11. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - 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.
12. RECYCLED PRODUCTS
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.
13. ADA Access
Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C.
Sections 12101 et seq. and DOT regulations, “Transportation Services for Individuals with
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Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations, “Americans with
Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192
and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB’s “Americans with
Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include
accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49
CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the
result that buildings and facilities must comply with both the ADAAG and amendments thereto in
Appendix A to 49 CFR Part 37.
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SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of pages and
incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit
"B", consisting of ( ) pages, and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following execution of this
Agreement. Services shall be completed no later than . Time is of the essence. Any
extensions of the time limit set forth above must be agreed upon in a writing signed by the parties.
4. Contract Period. [Option 1] This Agreement shall commence upon the date of
execution shown on the signature page of this Agreement and shall continue in full force and effect
for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City,
the Agreement may be extended for an additional period of one (1) year at the rates provided with
written notice to the Professional mailed no later than ninety (90) days prior to contract end.
4. Contract Period. [Option 2] This Agreement shall commence , 200 , and
shall continue in full force and effect until , 200 , unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional one
year periods not to exceed ( ) additional one year periods. Renewals and pricing
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changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU
published by the Colorado State Planning and Budget Office will be used as a guide. Written
notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90)
days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early
Termination clause here as an option
6. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Service Provider:
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
7. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting
of pages, and incorporated herein by this reference.
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8. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning
this agreement shall be directed to the City Representative.
9. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
10. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this Agreement.
12. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted standards
for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City-furnished materials, equipment and labor, against
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defects and nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final acceptance
under the Agreement, regardless whether the same were furnished or performed by Service
Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any
such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by Service Provider in a manner and at a time acceptable to City.
13. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
14. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non-defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non-
defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because
of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
16. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or liability of
any character whatsoever brought or asserted for injuries to or death of any person or persons, or
damages to property arising out of, result from or occurring in connection with the performance of
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any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1)
page, attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the City.
17. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
18. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress,
as amended, administered by the United States Department of Homeland Security (the “e-Verify
Program”) or the Department Program (the “Department Program”), an employment verification
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program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the
employment eligibility of all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while this Agreement
is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease employing
or contracting with the illegal alien; except that Service Provider shall not terminate the contract with
the subcontractor if during such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an investigation
that the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential damages
to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
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this provision of this Agreement and the City terminates the Agreement for such breach.
20. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of
( ) pages, attached hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
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EXHIBIT “ ”
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under this
bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of policies, and containing
substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except
after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take
out and maintain, at the expense of the Service Provider, such insurance as the City may deem
proper and may deduct the cost of such insurance from any monies which may be due or become
due the Service Provider under this Agreement. The City, its officers, agents and employees shall be
named as additional insureds on the Service Provider's general liability and automobile liability
insurance policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the
life of this Agreement for all of the Service Provider's employees engaged in work performed under
this agreement:
1. Workers' Compensation insurance with statutory limits as required by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of
this Agreement such commercial general liability and automobile liability insurance as will provide
coverage for damage claims of personal injury, including accidental death, as well as for claims for
property damage, which may arise directly or indirectly from the performance of work under this
Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000
combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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