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479201 HEATH CONSTRUCTION - CONTRACT - BID - 7675 SOUTH TRANSIT CENTER - BIKE SHELTER ADDITION
F6rt Collins �Puchasing SPECIFICATIONS Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970,221.6707 fcgov. com/purchasing CONTRACT DOCUMENTS FOR SOUTH TRANSIT CENTER - BIKE SHELTER ADDITION BID NO. 7675 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS SEPTEMBER 3, 2014 - 3:00 P.M. (OUR CLOCK) SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. forth -in paragraphs 5-5-through-5-I4 8.6. OWNF;R is obligated to execute Change Orders as indicated in paragraph 10A. &Z OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4, SX In connection with OWNER's right to stop Work or suspend Work, see pa phs 13,10 and 15.1. Paragraph 15.2 deals with ONER's right to terminate services of CONTRACTOR under certain circumstances. 5.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACI'OR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents, ,e_,F,o..sibn !Testes—i�E 3s�-Ise#eleun, liamrdmis Waste or evealt#te�ite- 43147---*aw to Lhe e°ftexrt F3 rl L t e Iio ftrt islt amingernents-have been maete ta- tisfy-4WAFEIt's ebligati.,m _,r_ n.e responsil�iktwirt-r�pcaat-tltereof-wall-be-ns-Set-forth-in-ilia Supplententwry-Conditions: ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINTEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER- Haits to Site: 9.2. ENGINEER will make visits to the site at intervals appres opriate to the various stagof construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress tluat has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will -be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against ct�fective Work. ENGINEER'S visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation during or as a result of ENGINEER's on -site visits or observations of CONTRACTOWs Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 93. If OWNER and ENGINEER agree, ENGINEER will famish a Resident project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 Find in the SuMlementaty Conditions of th'esse General Conditions, If OtVIvTR designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in to ,lc rc'ntary Carahtiarts mgtaph. Q of these General Conditions. Tf the FNGTNEER furnishes �Reside�nt Piayect_,,,Itr,gp��scpt�yyg (�_q�_�� assista;it or if ttiLOWNER des,�atesv a Ri�resentative or agent, all as provided in paragrath 9.3 of the General Con_ditions,,thesz_I�e�esentatives shall }rive the authori and limitations as provided in a _Rh 9.13 of the General Conditions and shall be subject to the following-. 9.3.1. The Representative's dealings in matters pertairtito the on site work tvtll in general be with the ENGINEER and CONTRACTOR_ But. the RgF ative will --km qlq 0WNER ro jy advised about such matters. The Representative's dealino with subcontractors will ;@v be throuph or with the, full -knowledge. and--awroval of the CONTRACTOR. 9.3.2. Duties and Res visibilities. Representative will: 93.2 L Schedules - Review the progress EXDC GENERAL CONDIII ONS 1910-8 (1990 Edttim) 19 of CI TY OF FORT COLLINS MODIMATIONS MN 40000) schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerrn iz acceptability. 9.3.2.2, Conferences and Meeting, - Attend meeting with the CONTRACTOR such as pteconstruction conferences progress mce and other iob conferences and prepare and circulate copies of minutes of meetiri s. 93.23. Liaison 932.3.1. Serve as ENGINFER'S liaison with CONTRACTOR. working, principally through MUfRAC:TOR'S superintendent to assist the CONTRACTOR in undauandiras the Contract Documents. 9.3.2.3.2. Assist in obtainine from OWNER additional dctails or information. when reouired for proper eeecution of the Work. 9.32:3.3. Advise the bNGlNFF"R and CONTRACTOR of the commencement of AffWork rcgtririne a Shop Drawing o sample submission if the submission has not beenoved by the ENGINEER. 9.3. .4.Review of WA, Rgjection of Defectjyt Work, Inspections and Tests- 93.2.4.1. Conduct on -site observations of e in detenninir at the Work is proceeding in aocordartce with the Cmract Documents. 9.3.2.4.3. Accompany visiting inspectors representing public or other aeencies having iuurisdiction over the Project, record the results of these inspt>Gtions and report to the ENGINEER 9.3.2A Irnterpretation of Contract Documents. Report to ENGD42R when clarifrcaticris and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ia� 93.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EJCUC GBNEKAL CONDITIONS 191" (090 E(fitim) 20 w(CITY OFFORTCOLLINSMODIrICATIONS(REV4R000) modification in Drawines or Specifications and pMgg these recommendations to ENGINEER: Accumtely transmit to CONTRACTOR decisions issued by the ENGINEER pma= reports and other project documents. 9.3.2.81 F rtisENGINEER rieriodic rues reauired of the progress of the Work and of the CONTRACTOR'S caepliattce with the peeress schedule attd seheMe of shop Drawing and sample 9 3 2.9 2 Consult with ENGI MERHR advance of scheduling_ major tests, inspections or start of important phases oof the Work. 93.2.8.3. Draft proposed Charge Orders and Work Directive Changes obtaining backup material from the CONTRACTOR and recommend to ENGINEER Ghariae Orders Work Directive Chartaes and field orders. 932.8.4. Repot immediately to ENGINEER and OWNER the -occurrence of any accident. 9.3.2.9. Payment Requests. Review applications for M) neru with CONTRACTOR for pgmpliance with the established procedure for their suhmission and forward with recommendation to ENGINEER notim, particularly the relationship of the Myment, recluestecl to the schedule of_value work completed and materials and Nuippent delivered at the site but not incorpcaated in the Work. 2.3.2.10. CompletiM 9.3.210.1. Before ENGINEER issues a Certificate of Substantial Complekion submit to CONTRACTOR a list of observed items reauirin: correction or completion 9.3.2.10.2. Conduct final inspection in the comMy of the ENGINEER OWNER and CONTRAC_TOI2 and_prre a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. limitation of Authority: The Rt �tative shall not: 9.3.3.1. Authorize arty deyiatiorts _from the Contract Documents or acccmt any substitute mgtedakoLsqp.Jjp.=t_mam_nuA4r zed k ENGINEER. 93.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents, 9.3.3.3. Undertake any of the Igs ansibil ties of the CONTRACTOR. Subcontractors, or QQNf_superintendent, 9.3 3.4. tdvisc prk ofjssue t>ira orm relative t_oor aumg,yphe meanmethodschJuewes or Ft'xt[es for coriu[iQtt ttp]�such i3 soecificallv called for in the Contract Documents. 9.3.3.5. Advise an or issue directions i4 .l1 ss41411e......�4ntp'QL et_ !jpft =cautions and programs in connections with the Work, 93.3.6. Accept jhpp 12rawingss ur samRle submittals from anyone other than the CONTRACTOR. 9_.3_.3.7. Authorize OWNER to _ occupy the Work in whole or in part. 9.3.3.8. Part!" ate in specialized field or laboratory tests or inspections conducted by others- exceot as specifically authorized by— the ENGINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC OENE1t& CONDITIONS 1910-8 (1990 Edtion) W1 CITY OF FORT COLLINS MODIFICATIONS (REV 412000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR_ If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 1 I or Article 12. Authori ed l ariations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Conntract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a ftvtctioning whole as indicated by the Contract Docunt ents. These maybe accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If MINER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as prov ided in Article 1 i or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes rill not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9. whether or not the Work, is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 throw 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 1i, and 12. 9.9, In connection with ENGINEERS authority as to Applications for Payment, see Article 14. Determinations far UM I -ices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINMR will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such nghts or remcdies as the appealing party may Live with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Dechdans on Dispute-T.- 9.11, ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability ofthe Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents penaining to the performance and furnishing of the Work and claims under Articles 1 I and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to FMINF.ER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter, The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENSTrINF,ER allows additional time). ENGINEER will render a fonual decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENNGINTEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A. "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGIIJEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EICDC GEM AL CONDITIONS 1910-9 Q 990 Editiml 72 w! CITY OF FORT COLLINS MODIFICATIONS tR N 412000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs9.10 and 9.1 L ENGINEER will not show, partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to an), such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 14.15) will be a condition precedent to any exercise by OWNER or CON f RACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter . 9.13. Limitations on ENGMEER's Anthoriti, and Responsibilities_ 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOWs means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perforntanoe of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other perscur or organization performing or furnishing any of the Wort:. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to LNGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidatemg the Agreement and without notice to any surety, OWI�IER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article i 1 or Article 12. 10.3. CONTRACTOR shrill not be entitled to an increase in the Contract Price or an extension of the Contract Tunes with respect to any Work performed that is not required by - the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.3 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGr.NrEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (W) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4:3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10A If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim) WfUTY OF FORT COLLINS MODIFICATIONS (REV 4120D0) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Borkd to be given to a surety, the giving, of am, such notice will be CONTRACTOR's responsiQity, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11--CHANGE OF CONTRACT .PRICE I Ll. The Contract Price constitutes the total compensation (subject to authorized adjustmerts) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall he atCONTRACTORs. expense without change in the Contract Price, 1I.2. The Contract Price may only be changed by a Change Order or by a Written Amendment, Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (teat in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless FNGINEFR allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OIAINER and CONTRACTOR cannot otherwise agree on the amount involved. Tyro claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph l 12. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive)-, 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by >a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 1 L6.2), 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 1132, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the ICork: 11.4. I'hc term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work, Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5! 11,4.1.Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work- under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall iwkide;-but-tot be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contribution-, unemployment, emcisse and payroll taxes, workers' compensation, health and retirement benefits;-bonusesi ranetlidapa.Yapplicable thereto. The expenses of performing Work after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including cost- of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 1I.4.3. payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, FJCDC GENEM CONDITIONS 1910-9 (1990 Edtion) 24 wf CITY OF FORT COLLINS MODIFICATIONS (REV 4 2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGL LEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engincers, architects, teram laboratories, surveyors, attorneys and account _I employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following. 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work, 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR- 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related exT,enscs) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and famishing of the Work (except losses and damages within the deductible amounts of property, insurance established by OWNTER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. Il; however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that statcd in paragraph 11.6:2. 11.4.53, The cast of utilities, fuel and sanitary facilities at the site. 11.4.5.5. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11 A.59. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include an)- of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically, included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4--all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and bnmch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent praymenis. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). E1C1)C GENERAL CONDITIONS 1910-8 (19W Editim) wTCdTY OF FORT COLLINS MODIFICATIONS (REV 4R0W) I1.5.5, Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any, of them or for whose acts any of them may be liable, including but not limited to, the correction of c%feclive Work disposal of materials or equipment wrongly supplied and malting good any damage to property. 11.,5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11 A 11 A The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows! 11.6.1. a mutually, acceptable fixed fee; or I I.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: l l.f IL for costs incurred under paragraphs 11.4.1 and 11 A.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.1 for costs incurred under paragraph 11.4.3, the CONTRACTOR'% fee shall be five percent-, 11.6.13. where one or more tiers of suhcontrads are on the basis of Coast of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4,2, I IA3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of-five-perrettt *f-the-amou,at--paid-tp the atect lawertier Subeorttraetes to be ne_ gotiated u��ut a<zot to ex five percent of the amount aid to the next lower tie ubconuaetor. 11.6.2.4. no fee shall be payable on the basis of costs itemised under paragraphs 11.4.A, 114,5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2-1 through 11.6.2.5, inclusive. 113. Whenever the cast of arty• Work is to he 25 determined pursuant to paragraphs 11.A and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in font acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cask Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so cowered to be furnished and performed for such sums as may be acceptable to MINER and ENGINi':ER- CONTRACTOR agrees that. 11.8.I. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site. and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amount-, due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Fice Work: 11.9.1. Wherc the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price Determinations of the actual quantities and classifications of 11nit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead aryl profit for each separately identified item. 11.9.3.OW'NER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EJCDCOENEi AL CONDITIONS 1910-$(1990Edition) 26 w/ CITY OF FORT CO11.1 NS MODIFICATIONS (REV 4t2000) and 11 9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 1 L9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Aid or change yuantities at OWNERS sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twee -five percent of the odginal total Contract Price. ARTICLF 12—CHANGE OF CONTRACT 11 M S 12.1. The Contract `fimcs (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjJustment of the Contract Times (or Milestones) shall be 9sed on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within simy days after such occurrence (unless FNGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimard has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by FNGINtiTFF,R in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirement%orthis Faragraph 111. 12.2. AN time limits stated in die Contract Documents are of the essence of the Agreement. 12.3_ Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be erdended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7. fires, floods. epidemic& abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CO1NrTRACTOR, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCFPTANCE OF DEFFECTIIT, WORK 13.1. Notice of Defects. Prompt notice of all defective Work of which Ob4NFR or E'NGIMER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER. ENGINEER's Consuhants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable 4imes for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Teals and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13A OWNTER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.42. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC GENERAL CONDITIONS 19104 (1990 Editiai) w/CITY Or FORT COLLINS MODIFICATIONS OtEV 4(I000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents, 13.5. If Laws or Regulations of arty public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public bed , CONTRACTOR shall assume full responsibility CONTRACTOR shall arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGFN7ER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for O1VNER's and FNGINFFR's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix desi,&rs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of lRqGIN1aER, it must, if requested by ENGINEER, be uncovered for observation. 133. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.5. if any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINEEWs request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others): and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles 1 t and 12. OWNER May &vp the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to sto]� the Work. or any portion thereof. until the cause for such order has been eliminated; however, this right of Olt N17R to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.1 L If required by ENGINEW CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGiNEER. remove it from the site and replace it with Work that is not ckfective. CONTRACTOR shall pay all claims, casts, lanes and damages caused by or resulting from such correction or removal (including but not liinited to all costs of repair or replacement of work of others). 13.12. Correction Period 13.12.1. If within ene-year two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages causes) by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2.In special cueumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work the correction period for that item may start to run from an earlier slate if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other �b EXE)COLNERALCONDMONS 191" (1990Edition) wi CITY OF FORT WLLINS MODINCATIONS (REV 4l1000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be e.,aended for an additional period of one year two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER. (and, prior to )NGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNBR's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to F.NGINF.ER's recommendation of final payment. a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the pparties are unable to agree as to the amount thereof, OWi+i1 R may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWArER bias Correct Defective Work: 13.14, If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWTNT-R may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, CONTRACTOR shall allow OWNER, OVWNERs representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article I I . Such claims, oasts, loses and ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOWs defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the "Alork attributable to the exercise by OWNER of OWNERS rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND CO141PLETION .Schedule of l aWex 141 The schedule of values cstablished as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER.. Progress payments on account of Unit Price Work will be based on the number of units completed AlMrlication for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and otter arrangements to protect OWTNT R's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. funds that are withheld b the OWNER shall not be subt�eet io substitution by the CONTRACTOR With securities or any urangements involving; an eurrnv cm custodianship. By executing the ap�slication (or_,paynent form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes Section 24-�1W101_, et see. CONTRACTOR"s Wwwunty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of.4pplieations for Progress Payment 14.4. ENGINEER will, within ten days after receipt of each Application for payment, either indicate in writing a EJCDC QhN4 AL CONDITIONS 1910-8 (1990 Edition) wtCI1Y OF FORT COLLINS MODIFICATIONS (REV V2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing; ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGdNEERs recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due tivill be paid by OWNER to CONTRACTOR 14.5, ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINI BR to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEFR's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.52 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9,10, and to any other qualifications stated in the recommendation), and 14.53. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such poyrrient ENGINEER will not thereby be deemed to have represented that: (i)exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (it) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER'S recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the fumishing or performance of Work, or for any failure of CONTRACTOR to perform or fwrush Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEERS opinicm, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results Of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER [Tom loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct c ,fective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGIiv'EER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or fti nishing of the Work, 14.7.6. liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.73, there are other items entitling OWNER to a set- off against the amount recommended, or 14.T8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14,7.3 or paragrapbs 15.2.1 through 15.2.4 inclusive, but OWNER must give CONTRACTOR immediate wTltten notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completimr: 14.5. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EJCDCGENS(& CONDITIONS 1910-9 0990 Edition) 30 wI CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER'S objections, ENGINEER considers the Work - substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be connpictcd or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWN`FR and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agreeotherwise in writ and so inform ENGINEER in writing prior to ENGM R's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at ORNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) 011NER, ENGR%TM, and CONTRACTOR agree oonstitutes a separately runctioning and usable part of the Work that can be used by OWNLR for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following. 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENG INFER in writing that CONTRACTOR considers any such part of the Worst ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion far that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENG11,MER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.1 tit. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final lnslrection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR Shall immediately take such measures as are necessary to complete such work or rem edy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5A, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments, The final Application for payment stall be accompanied (except as previously delivered) by: (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iiri) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or tiled in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied if any, Subcontractor or Supplier fails EJCDC OENERAl.. CONDIMONS 1910-8 (1990 Edition) W1 CITY OF FORT COLLINS MODIFICATIONS ¢iEV 412000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard txms bound in theroject manu Pal. Final Payment andAcceplance: 14.13. If, on the basis of ENIGINEER's observation of the Work during construction and Coral incction, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment indicate in writing ENGiNEER's recommendation of payment and present the Application to OWNER for paydicnt. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6. N of these Qener QQgdaions. 14.14. If; through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONITRACTOR's final Application for Payment and recommendation of ENGINTEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted.. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulatexl in the Agreement, and if Bonds have been furnished as required in Firagraph S.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final paymrent, except that it shall not constitute a waiver of claims. I,Vaiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2,A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION 0UIX .R Min• Stt Wend Work: 15.1. At any time and without cause. OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER. which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor -is provided in Articles 1 I and 12. OWNER AJay Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15 1 1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to aclihere to the progress schedule established under paragmph2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3, if CONTRACTOR disregards the authority of ENGII,EER.; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, alter giving CONTRACTOR (and the surety, if any) seven days•' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for tres�ss or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GENERAL COND1TIOM 1910-8 t I990 E(ition) 32 wi CITY OF FORT COLLI NS MODIFICATIONS (REV 4)1000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any fitrther payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay, the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINIMR as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed 13.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 1 S.A. Upon seven days' written notice to (,()NTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRA(-fOR shall be paid (without duplication of any items) 15.4.1, for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3for all claims, costs, losses and damages incurred in settlement of terminated contracts with Suhcontractom Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate 15.5. IJy through no act or taint of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or INGINL'Iil2 fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days` written notice to OWNER and ENGINTEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER �ynient on the same terms as provided in paragraph 15A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER lass failed to act on an Application for Payment within thirty days after it is submitted or OkVNER has failed for thirty days to pay, CONTRACTOR any stem finally determined to be due, CONTRACTOR may upon seven days' written notice to ObWNFR and NNCTINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 1 I and 12 for an increase in Contract Price or Contract Times or otherwise for c-\pcnses or damage directly attributable to CONTRACPOR's stopping Work as Permitted by this paragraph. ,A.RTIC:L1s 16—DISPUTE MOLiTTION If and to the ttitcnt that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between theta that may arise under this Agreement, such dispute resolution method and procedure„ if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereeof. If no such agreement on the method and Procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9,12, OWNT IZ and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Gh4hg Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice; it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is attended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17,2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation EJCDC UEN6RA L CONDI T! ONS 19104 (19W Ec itien) w/CiTYOI FORT COLLINSMODIRCA"rtONS(REVAt?000) 17.2 2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumutative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, armd, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs6.12, 6.16,6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not. to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will he as effective as if repeated specifically in the Contract Docuin eats in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included- 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each caw, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. Agreement, Reference to two pertinent Colorado statutes are as follows 17.6.2. If a claim is filed OWNER is required by law (CRS 35-26-107) to withhold from all c�yments to CONTRACTOR sufficient funds to insure the payment of all claims for labor. materials, team hire, sustenatiM provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 34 wi CITY OF FORT COLLINS momrICATIONS (REV 412000) (This page left blank intentionally-) EJCDC GENERAL CONDITIONS 1910-E (19W Ec6tion7 35 wi CITY OF FORT COLLINS MODIFICATIONS (RE-V 420W} EJCDC GENERAL CONDITIONS 191" (1990 E(itiat) 36 wl CITY OF FORT COLLINS MODIFICATIONS (REV 417000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISTUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties. 16.1. All claims, disputes and other matters in question between OWNER and CONTRACT OR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2, No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which FNGTNEF,R has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being finial and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party malting such demand has delivered written notice of intentign to appeal as provided in paragraph 9.1 O. 16.3. Notice of the demand for arbitration will be filed in uTiting with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thiny-lay or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any, such demand be made after the date when institution of legal or equitable proceedings based on such claim„ dispute or other matter in question would be barred by the applicable statute of limitations. EXI)C OE NE:RAL CONDITIONS 191 M (199U Edition ) wi CiTY OF FORT COLLINS MODIFICATIONS (REV 9199) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by oonsolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.1 the written consent of the other person or entity sought to be included and of OWNER and CONfRAC'I'OR has been obtained for such inclusion, which consent shalt make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16A, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OIAWER and CONTRACTOR involving the Work of such Subcontractor, Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OININER, ENGINEER or EATGINEI R's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof; and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaim-, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes'), to mediation by the American Arbitration Association under the Cortstruction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not seine as arbitrator of such dispute unless otherwise agreed OC-A 1 EICDCOENERAL CONDITIONS 191M (1990E(fikioa) OC-Al w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Geotechnical Engineering Report, South Transit Center, Project No. 29- 201 dated April 16, 2010 by Yeh and Associates Inc. Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: None. SC-5.3.2 Add the following language at the end of paragraph 5.3.2: The following shall be added as additional insured: The City of Ft Collins and the State of Colorado SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The State of Colorado shall be added as an additional insured. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC6.5 Contractor Responsibilities - Amended in its entirety to read: All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties, if any, provided in the Specifications shall run specifically to the benefit of Owner. If required by Engineer prior to final payment as provided for herein, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of the materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. SC6.30.1 Contractor General Warranty and Guarantee 6.30.1.1.1 Specific Warranties. Contractor further warrants and guarantees that any Work covered by a specific warranty provision contained in the Specifications shall be performed in accordance with the applicable warranty and any such Work shall conform to the warranty requirements during the warranty period stated in the specific warranty. SC-8.10 OWNER's Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. SC-13.12 Correction Period: 13.12.1 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, an Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions ... SC — FED Federal Requirements A. The clauses on the following pages are hereby added. SC — DB Davis Bacon Wage Rates A. The clauses on the following pages are hereby added. DAVIS BACON WAGE RATES General Decision Number: C0140008 07/25/2014 C08 Superseded General Decision Number: CO20130008 State: Colorado Construction Type: Building County: Larimer County in Colorado. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 01 /03/2014 1 01/17/2014 2 02/07/2014 3 04/04/2014 4 06/06/2014 5 07/04/2014 6 07/25/2014 AS B E0028-001 10/01 /2013 Rates Fringes Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) .................... $ 28.83 13.18 ------------------------------------------------------------------------------------------------------------- CAR P 1001-001 05/01 /2013 Rates Fringes CARPENTER (Including Formbuilding And Metal Stud Work $ 25.00 5.39 ------------------------------------------------------------------------------------------------------------- CARP1607-002 06/01/2012 Rates Fringes MILLWRIGHT ....................... $ 28.95 11.10 ------------------------------------------------------------------------------------------------------------- ELEC0068-009 06/01/2014 Rates Fringes ELECTRICIAN (Including Low Voltage Wiring and Installation of Communications Systems, Security Systems, Telephones, and Temperature Controls)....... $ 32.65 12.70 ----------------------------------------------------------------------------------------------------------- ELEV0025-002 01/01/2014 Rates Fringes Elevator Constructor ............. $ 40.10 26.785 FOOTNOTE: a. Employer contributes 8% of basic hourly rate for over 5 years' service and 6% basic hourly rate for 6 months' to 5 years' service as Vacation Pay Credit. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans Day; Thanksgiving Day; Friday after Thanksgiving Day; and Christmas Day. IRON 0024-001 11 /01 /2013 Rates Fringes IRONWORKER, STRUCTURAL........... $ 24.80 10.14 ---------------------------------------------------------------------------------------------------------- PAI N0930-001 07/01 /2014 Rates Fringes GLAZIER .......................... $ 29.67 7.52 ---------------------------------------------------------------------------------------------------------- PLAS0577-001 05/01 /2013 Rates Fringes Cement Mason/Concrete Finisher... $ 23.25 10.23 ---------------------------------------------------------------------------------------------------------- * PLUM0003-001 07/01/2014 Rates Fringes PLUMBER (Excluding HVAC work)....... $ 31.93 12.34 ---------------------------------------------------------------------------------------------------------- PLU M0208-001 07/01 /2013 Rates Fringes PIPEFITTER (Including HVAC pipe)....... $ 33.35 12.27 ----------------------------------------------------------------------------------------------------------- SH E E0009-001 07/01 /2014 Rates Fringes Sheet metal worker (Includes HVAC duct and installation of HVAC systems) .................... $ 32.47 13.98 ----------------------------------------------------------------------------------------------------------- SUCO2001-015 12/20/2001 Rates Fringes LABORER Common ...................... $ 9.56 2.36 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)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted 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: 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 FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES 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. 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 seg. 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 responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, 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, 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). D. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Operationa Acquisitio Contract I Service Turnkey Constructio Architectural n of Professional Characteristics Contract n Engineering Rolling Services Stock I State Grantees a. Contracts below None Those None None None None SAT ($100,000) imposed on state pass thru to i b. Contracts above None Contractor Yes, if non- None unless ! None None unless non- $100,000/Capital unless competitive non- unless competitive award Projects non- award or if competitive non- competitive funded thru2 award competitiv award 5307/5309/5 e award 311 II Non State Grantees a. Contracts below Those SAT ($100,000) Yes3 imposed on Yes Yes Yes Yes non -state b. Contracts above Grantee $100,000/Capital pass thru to Projects Yes3 Contractor Yes Yes Yes Yes Sources of Authoritv: ' 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. TERMINATION A. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. B. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. D. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [101 days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. 6. 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 seg., (which implement Executive Order No. 11246, "Equal 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. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 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 9.9 %. A separate contract goal of 11% DBE participation has 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)). c. Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following concurrent with and accompanying sealed bid prior to award: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. Bidders must present the information required above as a matter of responsiveness prior to contract award (see 49 CFR 26.53(3)). The contractor is required to pay its subcontractors performing work related to this 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, 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. 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 4220.1 E, 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. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Backqround 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 requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Lanquage 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. 10. BUY AMERICA The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S. C. 53236)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Certification requirement for procurement of buses, other rolling stock and associated equipment Certificate of Compliance with 49 U.S.C. 53236)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S.C. 5323a)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title 11. BREACHES AND DISPUTE RESOLUTION Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 12. LOBBYING Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100, 000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, etseq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 13. CLEAN AIR Clean Air — (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 14. CLEAN WATER REQUIREMENTS Clean Water — (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. CARGO PREFERENCE REQUIREMENTS Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of - lading.) c. to include these requirements in all subcontracts issued pursuant to this Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 16. FLY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 17. 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 (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 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 therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 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, 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. (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. (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. (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. 18. 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)(13)(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 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 therefore- 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. 19. BONDING REQUIREMENTS Applicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: (a) A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (c) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: 1. 50% of the contract price if the contract price is not more than $1 million; 2. 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or 3. $2.5 million if the contract price is more than $5 million. (d) A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Flow Down Bonding requirements flow down to the first tier contractors. Model Clauses/Language FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction) (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the City to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of the City. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of the City, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefore. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by the City as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned bidder agrees to indemnify the City and pay over to the City the difference between the bid security and (Recipient's) total damages, so as to make the City whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the the City determines that a lesser amount would be adequate for the protection of the City. 2. The City may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The City may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds 1. The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the City may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non -Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. (a) The following situations may warrant a performance bond: 1. City property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the City, after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the City determines that a lesser amount would be adequate for the protection of the City. 2. The City may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The City may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: 1. The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million; (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The City shall determine the amount of the advance payment bond necessary to protect the City. Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The City shall determine the amount of the patent indemnity to protect the City. Warranty of the Work and Maintenance Bonds (a) The Contractor warrants to City, the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by City, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. (b) The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by City and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to City. As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to City written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). 20. SEISMIC SAFETY REQUIREMENTS Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 21. 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. 22. 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. 23. 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 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. 24. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing(a-)fcgov.com or calling 970-221-6775. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: South Transity Center - Bike Shelter Addition CONTRACTOR: Heath Construction LLC PROJECT NUMBER: 7675 DESCRIPTION: 1. Reason for change: 2. Description of Change: _ 3. Change in Contract Cost: 4. Change in Contract Time ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: 1970111114 DATE: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: $0.00 Net Change by Change Order $0.00 Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage Less Retainage: AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: B $0.00 $0.00 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. 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Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period Installed This Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 SOUTH TRANSIT CENTER Bike Shelter Addition CITY OF FORT COLLINS, COLORADO SPECIFICATIONS MANUAL 100% CONSTRUCTION DOCUMENTS June 2014 ARCHITECT'S PROJECT NO. 0926 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 23.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION Table of Contents Division 1 — General Requirements Section 01010 Summary of Work Division — Site Work Section 02750 Section 02810 Section 02870 Section 02920 Section 02930 Section 02935 Division 3 — Concrete Decorative Concrete Paving Irrigation Systems Site Furnishings Lawns and Grasses Exterior Plants Plant Maintenance Section 03300 Cast in Place Concrete Division 13 — Special Construction Section 13122 Prefabricated Secure Bicycle Structure SECTION 01010 SUMMARY OF WORK PART GENERAL 1.01 PROJECT SITE A. Location: The site is located at 4915 Fossil Boulevard, Fort Collins, Colorado. 1.02 DESCRIPTION OF THE WORK A. General: The work consists of the construction of prefabricated bicycle shelter, complete with related sitework and landscaping and electrical. B. Bid Items: Work of the Project includes the following separate Bid Items: 1. Prefabricated shelter and installation. 2. Concrete pad and walks. 3. Landscaping. Provide unit prices per plant. 4. All other costs. C. Unless otherwise provided, Contractor shall provide, at his expense, all materials, labor, equipment, toots, transportation and utilities, including cost of connection necessary for successful completion of the project. D. It is the intent of the Owner not to disturb the normal functions of the complex, visitors, employees, vendors, suppliers, contractors or related outside businesses during the work of this project. E. The Contractor shall be responsible for seeing that all contractors, subcontractors, suppliers and workmen associated with the project conduct themselves in a professional, respectful and businesslike manner while on the site. 1. Firearms, alcoholic beverages and controlled substances are not permitted on the premises. 2. Smoking or use of tobacco products shall only be allowed in designated areas, and is prohibited within any structure. 3. All workers shall refrain from the use of profane or abusive language and other forms of harassment on the site. 1.03 CONTRACTOR QUALIFICATIONS A. Contractor Qualifications: General Contractor shall have completed at least three (3) projects of similar size and complexity in the past five (5) years. B. Superintendent Qualifications: Refer to Section 01041. 1.04 FORM OF BID AND/OR CONSTRUCTION CONTRACT A. The work of this Project shall be bid and construction contracts awarded on the following basis, unless otherwise modified in the General or Supplementary Conditions of the Contract: 1. Lump sum basis, including approved Alternates. 1.05 WORK BY OTHERS A. Owner shall furnish and install security equipment and wiring by separate contract, except for the empty conduit runs shown on the Drawings. END OF SECTION 01010 - 1 South Transit Center Secure Bike Shelter CD DECORATIVE CONCRETE PAVING PART 1 -GENERAL 1.01 SUMMARY A. Information in this specifications section applies to concrete in raised platform area. See Alter -Lingle Massey's specification section for decorative concrete paving specifications for remainder of site. B. Bidding Documents and Information, Conditions of the Contract and Division 1 - General Requirements apply to the Work of this Section of the Specifications. C. Section Includes: 1. Integrally colored concrete pavement. 2. Sandblasted concrete finish. 1.02 RELATED SECTIONS A. Section 02515 - Portland Cement Concrete Paving B. Section 02764 - Pavement Joint Sealers C. Section 03200 - Concrete Reinforcement D. Section 01015 - LEED Requirements 1.03 REFERENCES A. American Concrete Institute: 1. ACI 301 - Structural Concrete for Buildings. 2. ACI 305R - Hot Weather Concreting. 3. ACI 306R - Cold Weather Concreting. 4. ACI 316R - Recommendations for Construction of Concrete Pavements and Bases. B. American Society for Testing and Materials: 1. ASTM C309 - Liquid Membrane -Forming Compounds for Curing Concrete. 2. ASTM C979 - Pigments for Integrally Colored Concrete. C. Geo-technical Engineering Report prepared by: Yeh and Associates, Inc. 5700 East Evans Avenue Denver, CO 80222 Phone: 303.781.9590 FAX: 303.781.9583 Project No. 29.201 South Transit Center 02750-1 100% Construction Documents 1.04 SUBMITTALS A. Submit product data and manufacturers instructions for: 1. Pigments. 2. Curing compounds. 3. Reinforcing and Concrete Mix Designs. B. LEED Submittals: 1. Credit SS 7.1: Product Data for paving materials indicating Solar Reflectance Index (SRI) per ASTM E1980 is greater than 29. 2. Credit MR 5.1 and 5.2: Product data for regional materials indicating name, physical address and distance in miles (as the crow flies) from Project to the material manufacturer and point of extraction, harvest or recovery for each raw material. Include statement of cost for each regional material and the fraction by weight that is considered regional, excluding labor costs for installation. D. Samples: 1. Submit sample chip(s) of specified color(s) indicating pigment number(s) and required dosage rate(s). Submittals are for general verification of color and may vary somewhat from concrete finished in field according to Specifications. E. Mockups: Cast mockups of full-size sections of colored and sandblasted concrete pavement to demonstrate typical joints, surface finish, texture, color and standard of workmanship. 1 Build mockups in the location and of the size indicated or, if not indicated, as directed by Owners Representative. 2 Notify Owners Representative seven (7) days in advance of dates and times when mockups will be constructed. 3 Obtain Owners Representative's approval of mockups before starting construction. 4 Maintain approved mockups during construction in an undisturbed condition as a standard for judging the completed pavement. 5 Demolish and remove approved mockups from the site when directed by Owner's Representative. 6 Approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. 1.05 QUALITY ASSURANCE A. Perform work in accordance with ACI 301 and ACI 316R. B. Conform to ACI 305R during hot weather. C. Conform to ACI 306R during cold weather. D. Obtain materials from same source and maintain high degree of consistency in workmanship throughout Project. E. Installer Qualifications: Concrete shall be finished by firm with five (5) years experience with work of similar scope and quality. F. Colored Concrete Field Samples: South Transit Center 02750-2 100% Construction Documents 1. Provide field sample under provisions of Section 01400. 2. At location on Project selected by Owner's Representative, place and finish 4 x 4 feet area demonstrating materials, workmanship, and curing method to be used throughout Project. 3. Retain samples of cements and aggregates used in mock-up for comparison with materials used in remaining Work. 4. Accepted field sample provides visual standard for work of Section. 5. Field sample may remain as part of Work. However, it can be removed when no longer required for comparison with finished work. 1.06 DELIVERY, STORAGE AND HANDLING A. Pigments: Comply with manufacturer's instructions. Deliver pigments in original, unopened packaging. Store in dry conditions. 1.07 PROJECT CONDITIONS A. Colored Concrete Environmental Requirements: 1. Schedule placement to minimize exposure to wind and hot sun before curing materials are applied. 2. Avoid placing concrete if rain, snow, or frost is forecast within twenty-four (24) hours. Protect fresh concrete from moisture and freezing. 1.08 PERFORMANCE REQUIREMENTS A. Pavement design and installation shall accommodate light duty commercial vehicles and trash removal. PART 2 - PRODUCTS 2.01 FORMS A. Forms may be either stationary or slip -form type. If slip forms are used, finished surfaces shall be of quality equal to that produced by stationary forms. B. Stationary forms shall be steel or wood, free of distortion and defects, and of appropriate size and strength. Use flexible spring steel forms or laminated boards to form radius bends. Apply non- staining, clear, paraffin -based form oil. 2.02 CONCRETE MIX A. Mix and deliver concrete in accordance with ASTM C94. F. Mix Design: Comply with the City of Fort Collins Development Standards and Specifications Governing Construction of Public Improvements. G. Cement: Color shall be gray. H. Sand: Color shall be locally available natural sand. South Transit Center 02750-3 100% Construction Documents Admixtures: Do not use calcium chloride admixtures. Reinforcement (as required by geotechnical report): 1. Fiber reinforcement shall comply with Section 03240. 2. Welded wire fabric shall comply with ASTM A185; furnish flat sheets. 3. Reinforcement bars shall comply with ASTM A615, Grade 60. 2.04 PIGMENTS FOR INTEGRALLY COLORED CONCRETE A. Manufacturer: 1. Davis Colors manufactured by Davis Colors; Phone - 213.269.7311, or approved equivalent. 2. Substitutions: Comply with Section 01600 for substitution request procedures. Materials: Pigments shalt contain pure, concentrated mineral pigments especially processed for mixing into concrete and complying with ASTM C979. C. Packaging: If pigments are to be added to mix at Site, furnish pigments in pre -measured Mix -Ready disintegrating bags to minimize job site waste. D. Colors: Concrete mix shall contain the dosage rate of pigments indicated in the manufacturer's instructions. Dosage rate shall be based on weight of portland cement, fly ash, silica fume, time and other cementitious materials but not aggregate or sand. Refer to the "Site Concrete Schedule" and to the site plans for locations of the various colors of concrete. Colors: a. Type 1: "Kailua" unless otherwise indicated in the plans and details. Provide 4 lbs. of 677 / 94 lb. bag of cement (powder dose rate). b. Type 2: "Harvest Gold" unless otherwise indicated in the plans and details. Provide 2 lbs. of 5084 / 94 lb. bag of cement (powder dose rate). C. Type 3: "Sandstone" unless otherwise indicated in the plans and details. Provide .75 lbs. of 5237 / 94 lb. bag of cement (powder dose rate). d. Type 4: "Mocha" unless otherwise indicated in the plans and details. Provide 1 lb. of 6058 / 94 lb. bag of cement (powder dose rate). 2.05 ACCESSORIES A. Curing Compound for standard grey Concrete: Prokrete Apromulsion @ 50A, white or Approved Substitution. B. Curing Compound for colored concrete: Curing compound shall comply with ASTM C309 and be approved by pigment manufacturer for use with colored concrete. Provide W-1000 Clear Cure It Seal and Color Seal II tinted to match colored concrete and manufactured by Davis Colors. Color Seal II will only be used where indicated on the plans. If not specified on the plans, Clear Cure and Seal shall be used. C. Sealants: Joint sealers shall be type specified in Section 02764. Provide in color matching colored concrete. D. Joint Filler: Adjacent to Building and Other Areas Requiring a Sealant: Neoprene Sponge Rubber ASTM, D1752 Type I, 1 /2 inch thick, with strippable top. South Transit Center 02750-4 100% Construction Documents E. Other Joints: Asphalt impregnated fiberboard, ASTM, D1751 1 /2 inch thick by full depth of concrete. F. Reinforcing Steel: ASTM A615; 40 ksi; deformed bars. G. Sandblast Concrete: 1. Provide field sample as described above and as directed/detailed on the drawings. Retain samples for comparison with materials used in remaining work. Accepted field sample provides visual standard for work of Section. PART 3 - EXECUTION 3.01 SAMPLE A. Provide a 4' X 4' sample of each proposed concrete color and finish for review by the Owner's Representative prior to placement of sidewalks or pavement. Obtain written authorization to proceed prior to placing remaining walk. The sample may become a part of the permanent work if approved by the Owner. If the sample is not approved, the Contractor shall remove the test section from the site and shall place another sample for approval. 3.02 EXAMINATION AND PREPARATION A. Verify grades and elevations of base. Remove loose material from compacted sub -grade. Proof -roll sub -grade; give notice of unstable areas. Moisten sub -grade to provide a uniformly damp condition. B. Verify compacted sub -grade is ready to support paving and imposed loads. ASTM D698, Minimum Compaction: 95%. C. Moisten substrate to minimize absorption of water from fresh concrete. D. Set clean forms to required grades and lines, rigidly braced and secured. Sidewalks shall be minimum thickness as described on the Drawings. D. Check tolerances as follows (slip form methods shall produce equivalent results): 1. Top of form: 1 /8 inch in ten (10) feet 2. Alignment of vertical face: '/ inch in ten (10) feet E. Adjust manholes and utility structures to grade. 3.03 FORMING A. Place and secure forms to correct location, dimension, and profile. B. Place expansion joints at ninety (90) - foot intervals maximum. C. Coordinate utility pads with respective Division 15 and Division 16 Contractors. D. Place joint filler between paving components and building or other appurtenances. E. Form for handicap accessibility at curbs and gutters as shown. South Transit Center 02750-5 100% Construction Documents 3.04 PLACING REINFORCING A. Where indicated on the Drawings, sidewalks, plazas exterior slabs and utility pads shall be reinforced with 6 x 6 - W1.4 x W1.4 fabric installed in the top 1 /3 of the slab. Interrupt reinforcing at construction joints. Support wire fabric in position prior to pouring concrete. Minimize lifting wire fabric during placement of concrete. B. Refer to Section 03240 for Fibrous Reinforcing information as required. C. Place and support steel reinforcement as specified in Section 03200/03300. D. Reinforcement for concrete stairs shall be as shown on drawings. Coordinate installation of railings, site furnishings and other design features into formwork and secure in place. 3.05 MIXING COLOR PIGMENTS A. Pigments: Mix in accordance with manufacturer's instructions. Mix until pigments are uniformly dispersed throughout mixture and disintegrating bags, if used, have disintegrated. Schedule delivery of concrete to provide consistent mix times from batching until discharge. 3.06 PLACING CONCRETE A. Place concrete in accordance with ACI 301 and Section 03050. B. Do not disturb reinforcement, embedded components, or formed joints during concrete placement. C. Place concrete continuously between predetermined construction joints. D. Apply curing compound on exposed concrete surfaces immediately after finishing. Apply in accordance with manufacturer's instructions. 3.07 FINISHING A. Provide uniform joint patterns as shown on drawings, with dummy joints at ten (10) foot o.c. where not otherwise shown. Sawed joints should be cut within twenty-four (24) hours of concrete placement, and should be a minimum of 25% of slab thickness. B. Sidewalks: Medium broom, radius edges and trowel joint. Remove joint tool marks so only vertical joint is visible. Heavy broom finish and scoring required by ADA at handicap access ramp and curb ramp locations C. Slope or cross slope walks and slabs as notes and detailed to provide positive drainage. D. Broomed: Pull broom across freshly floated concrete to produce fine, medium texture in straight lines perpendicular to main line of traffic. Do not dampen brooms. E. Sandblasting: Allow concrete to sure to sufficient strength that it will not be damaged by blasting but not less than seven (7) days. Use medium sandblasting to remove cement mortar form surface and expose aggregate. See drawings for additional detail and instructions. South Transit Center 02750-6 100% Construction Documents 3.08 JOINTS A. Construct expansion, weakened -plane control (contraction), and construction joints straight with face perpendicular to concrete surface. Construct transverse joints perpendicular to centerline, unless otherwise detailed. Weakened -Plane Control or Contraction Joints: Provide joints at spacing of 15'-0" on centers maximum each way unless otherwise indicated on the Drawings. Construct control joints for depth equal to at least'/ of the concrete thickness, as follows: Form tooled joints in fresh concrete by grooving top with recommended tool and finishing edge with jointer. Form sawed joints using powered saws equipped with shatterproof abrasive or diamond -rimmed blades. Cut joints into hardened concrete as soon as surface will not be torn, abraded, or otherwise damaged by cutting action. C. Construction Joints: Place construction joints at end of placements and at locations where placement operations are stopped for period of more than '/z hour, except where such placements terminate at expansion joints. Construct joints using standard metal keyway -section forms. D. Expansion Joints: Locate expansion joints at maximum of 120'-0" on centers maximum each way unless otherwise shown on the Construction Drawings. Provide pre -molded joint filler for expansion joints abutting concrete curbs, catch basins, manholes, inlets, structures, sidewalks, and other fixed objects. Joint Fillers: Extend joint fillers full -width and depth of joint, and not less than Yz inch or more than one (1) inch below finished surface where joint sealer is indicated. Furnish joint fillers in one (1) - piece lengths for full width being placed, wherever possible. Where more than one (1) length is required, lace or clip joint filler sections together. F. Joint Sealants: Joints shall be sealed with approved exterior pavement joint sealants and shall be installed in accordance with manufacturer's recommendations. 3.09 DAMAGED WORK A. Concrete work shall be protected from damage as a result of settlement, vandalism, construction activity, or other causes. B. Cracked or otherwise damaged sidewalks shall be removed and replaced. 3.10 CURING A. Colored Concrete: Apply curing compound for colored concrete in accordance with manufacturer's instructions. 3.11 COLOR TOLERANCES A. Minor variations in appearance of colored concrete, which are similar to natural variations in color and appearance of un-pigmented concrete, are acceptable. South Transit Center 02750-7 100% Construction Documents 3.12 REPAIR AND PROTECTION A. Repair or replace broken or defective concrete. Remove surface stains. Protect concrete from damage until Substantial Completion. B. Prior to final inspection, sweep concrete and wash free of stains, dirt, and other foreign material. END OF SECTION South Transit Center 02750-8 100% Construction Documents SECTION 00300 BID FORM SECTION 02810 IRRIGATION SYSTEM PART 1: GENERAL 1.1 SCOPE Furnish all labor, materials, supplies, equipment, tools and transportation, and perform all operations in connection with and reasonably incidental to the complete installation of the irrigation system and booster pump, and guarantee/warranty as shown on the drawings, the installation details, and as specified herein. Items of work specifically included are: A. Procurement of all applicable licenses, permits, and fees. B. Coordination of Utility Locates ("Call Before You Dig"). C. Connection of electrical power supply to the irrigation control system. D. Installation and communication testing of central control components as part of irrigation control system. E. Maintenance period. F. Sleeving for irrigation pipe and wire. 1.2 WORK NOT INCLUDED Items of work specifically excluded or covered under other sections are: A. Payment of all development, plant investment, or any other fees and permits associated with the purchase and installation of the tap. B. Connection of electrical power supply to the irrigation control system. C. Installation of pumping plant for irrigation system. 1.3 SUBMITTALS A. Deliver four (4) copies of all required submittals to the Owners' Representative within 15 days from the date of Notice to Proceed. B. Materials List: Include pipe, fittings, mainline components, water emission components, control system components. Quantities of materials need not be included. C. Manufacturers' Data: Submit manufacturers' catalog cuts, specifications, and operating instructions for equipment shown on the materials list. D. Shop Drawings: Submit shop drawings called for in the installation details. Show products required for proper installation, their relative locations, and critical dimensions. Note modifications to the installation detail. E. Project Record Drawings: Submit project record (as -built) drawings to Owner prior to commencement of maintenance period (refer to specification section 3.12 for specific requirements). 1.4 RULES AND REGULATIONS A. Work and materials shall be in accordance with the latest edition of the National Electric Code, the Uniform Plumbing Code as published by the Western Plumbing Officials Association, and applicable laws and regulations of the governing authorities. B. When the contract documents call for materials or construction of a better quality or larger size than required by the above -mentioned rules and regulations, provide the quality and size required by the contract documents. C. If quantities are provided either in these specifications or on the drawings, these quantities are provided for information only. It is the Contractor's responsibility to determine the actual quantities of all material, equipment, and supplies required by the project and to complete an independent estimate of quantities and wastage. 1.5 TESTING A. Notify the Owners' Representative three days in advance of testing. B. Pipelines jointed with rubber gaskets or threaded connections may be subjected to a pressure test at any time after partial completion of backfill. Pipelines jointed with solvent -welded PVC joints shall be allowed to cure at least 24 hours before testing. C. Subsections of mainline pipe may be tested independently, subject to the review of the Owners' Representative. D. Furnish clean, clear water, pumps, labor, fittings, and equipment necessary to conduct tests or retests. E. Hydrostatic Pressure Test: 1) Subject mainline pipe to a hydrostatic pressure equal to the anticipated operating pressure of 120 PSI for two hours. Test with mainline components installed. A 2 PSI pressure variation is allowed. 2) Subject lateral pipe to a hydrostatic pressure equal to the anticipated operating pressure of 50 PSI. Test with risers for sprinklers capped. 3) Backfill to prevent pipe from moving under pressure. Expose couplings and fittings. 4) Leakage will be detected by visual inspection. Replace defective pipe, fitting, joint, valve, or appurtenance. Repeat the test until the pipe passes test. a. Cement or caulking to seal leaks is prohibited. F. Operational Test: 1) Activate each remote control valve in sequence from controller. The Owners' Representative will visually observe operation, water application patterns, and leakage. 2) Replace defective remote control valve, solenoid, wiring, or appurtenance to correct operational deficiencies. South Transit Center 02810 - 2 100% Construction Documents 3) Replace, adjust, or move water emission devices to correct operational or coverage deficiencies. 4) Replace defective pipe, fitting, joint, valve, sprinkler, or appurtenance to correct leakage problems. Cement or caulking to seal leaks is prohibited. 5) Repeat test(s) until each lateral passes all tests. G. Central Control System Acceptance Test: 1) Upon completion of the centralized control system installation and Final Review, a System Acceptance Test must be passed. 2) Following Final Review, an evaluation period will commence. Upon completion of 30 days of continuous service without major system problems, the system will be accepted and the guarantee/warranty period will begin. If at any time during the 30- day evaluation period, a major system problem occurs, the source of the problem will be determined and corrected and the 30-day evaluation period will start again. Equipment will not be accepted until such time as the System Acceptance Test is passed. 3) If successful completion of the System Acceptance Test is not attained within 90 days following Final Review, the Engineer/Landscape Architect/Owner's Representative has the option to request replacement of equipment, terminate the order, or portions thereof, or continue with the SVstem Acceptance Test. These options will remain in effect until such time as a successful completion of the System Acceptance Test. 4) Final payment will be made after successful completion of the final System Acceptance Test. H. Si ,nal Wire: 1) Test for leaks to ground per manufacturer's recommendations. Test results must meet or exceed manufacturer's guidelines for acceptance. 2) Replace defective wire, underground splices, or appurtenances. Repeat the test until the manufacturer's guidelines are met. 1.6 CONSTRUCTION REVIEW The purpose of on -site reviews by the Owners' Representative is to periodically observe the work in progress and the Contractor's interpretation of the construction documents and to address questions with regards to the installation. A. Scheduled reviews such as those for irrigation system layout or testing should be scheduled with the Owners' Representative as required by these specifications. Impromptu reviews may occur at any time during the project. Final review will occur at the completion of the irrigation system installation and Record (As -Built) Drawing submittal. 1.7 GURANTEE/ WARRANTY AND REPLACEMENT South Transit Center 02810 - 3 100% Construction Documents The purpose of this guarantee/warranty is to insure that the Owner receives irrigation materials of prime quality, installed and maintained in a thorough and careful manner. A. For a period of one year from commencement of the formal maintenance period, guarantee/warranty irrigation materials, equipment, and workmanship against defects. Fill and repair depressions. Restore landscape or structural features damaged by the settlement of irrigation trenches or excavations. Repair damage to the premises caused by a defective item. Make repairs within seven days of notification from the Owners' Representative. B. Contract documents govern replacements identically as with new work. Make replacements at no additional cost to the contract price. C. Guarantee/warranty applies to originally installed materials and equipment and replacements made during the guarantee/warranty period. PART 2: MATERIALS 2.1 QUALITY Use materials which are new and without flaws or defects of any type, and which are the best of their class and kind. 2.2 SUBSTITUTIONS Pipe sizes referenced in the construction documents are minimum sizes, and may be increased at the option of the Contractor. 2.3 SLEEVING A. Install separate sleeve beneath paved areas to route each run of irrigation pipe or wiring bundle. Sleeving material beneath pedestrian pavements shall be PVC Class 200 pipe with solvent welded joints. C. Sleeving beneath drives and streets shall be PVC Class 200 pipe with solvent welded joints. D. Sleeving diameter: as indicated on the drawings and installation details or equal to twice that of the pipe or wiring bundle. 2.4 PIPE AND FITTINGS A. Mainline Pipe and Fittings: 1) Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-B, ASTM Standard D1784, with an integral belled end. 2) Use Class 200, SDR-21, rated at 200 PSI, conforming to the dimensions and tolerances established by ASTM Standard D2241. Use PVC pipe rated at higher pressures than Class 200 in the case of small nominal diameters which are not manufactured in Class South Transit Center 02810 - 4 100% Construction Documents 200. a. Use solvent weld pipe for mainline pipe with a nominal diameter less than 3- inches or where a pipe connection occurs in a sleeve. Use Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and D1784. Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564. B. Lateral Pipe and Fittings: 1) Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-B, ASTM Standard D1784, with an integral belled end suitable for solvent welding. Use class 200, SDR-21, rated at 200 PSI, conforming to the dimensions and tolerances established by ASTM Standard D2241. Use PVC pipe rated at higher pressures than Class 200 in the case of small nominal diameters which are not manufactured in Class 200. Use UV radiation resistant Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and D1784 for PVC pipe. 2) Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564, of a type approved by the pipe manufacturer. 3) For drip irrigation laterals downstream of zone control valves, use UV radiation resistant polyethylene pipe manufactured from Prime Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4inch pipe. Use PVC /compression line fittings compatible with the drip lateral pipe. Use tubing stakes to hold above -ground pipe in place. C. Specialized Pipe and Fittings: 1) Copper pipe: Use Type "K" rigid conforming to ASTM Standard B88. Use wrought copper or cast bronze fittings, soldered or threaded per the installation details. Use a 95% tin and 5% antimony solder. 2) Galvanized steel pipe: Use Schedule 40 conforming to ASTM Standard A120. Use galvanized, threaded, standard weight, malleable iron fittings. 3) Ductile iron pipe: Use Class 50 conforming to ASTM Standard. Use Class 50 ductile iron fittings. 4) Use a dielectric union wherever a copper -based metal (copper, brass, bronze) is joined to an iron -based metal (iron, galvanized steel, stainless steel). 5) Swing joints shall be rated at 315 psi, and use 0-ring and Marlex street elbows and Sch 80 PVC nipple construction. South Transit Center 02810 - 5 100% Construction Documents 6) Low Density Polyethylene Hose: a. Use pipe specifically intended for use as a flexible swing joint. Inside diameter: 0.490+0.010 inch. Wall thickness: 0.100+0.010 inch. Color: Black. b. Use spiral barb fittings supplied by the same manufacturer as the hose. 7) Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 40 threaded fittings. 8) Joint sealant: Use only Teflon -type tape pipe joint sealant on plastic threads. Use nonhardening, nontoxic pipe joint sealant formulated for use on water -carrying pipes on metal threaded connections. D. MarkinQ Tape: 1) Mainline Pipe - Christy underground I.D. tape TA-DT-3-P-NPW. {DESIGNER NOTE: Non Potable detectable marking tape is called out; see pg 16 in Christy catalog for spec designations }. E. Thrust Blocks: 1) Use thrust blocks for fittings on pipe greater than or equal to 3-inch diameter or any diameter rubber gasketed pipe. 2) Use 3,000 PSI concrete. 3) Use No. 4 Rebar wrapped or painted with asphalt tar based mastic coating. F. Joint Restrain Harness: 1) Use a joint restrain harness wherever joints are not positively restrained by flanged fittings, threaded fittings, and/or thrust blocks. 2) Use a joint restrain harness with transition fittings between metal and PVC pipe, where weak trench banks do no allow the use of thrust blocks, or where extra support is required to retain a fitting or joint. 3) Use bolts, nuts, retaining clamps, all -thread, or other joint restrain harness materials that are zinc plated or galvanized. 4) Use on pipe greater than or equal to 3-inch diameter or any diameter rubber gasketed pipe. 2.5 MAINLINE COMPONENTS A. Main System Shutoff Valve: As per local practice and in compliance with local code. B. Winterization Assembly: As per local practice and in compliance with local code. South Transit Center 02810 - 6 100% Construction Documents C. Master Valve Assembly: As presented in the installation details. D. Isolation Gate Valve Assembly: As presented in the installation details. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. Quick Coupling Valve Assembly: Double swing joint arrangement as presented in the installation details. 2.6 SPRINKLER IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Sprinkler Laterals: As presented in the installation details. Use wire connectors and waterproofing sealant to join control wires to solenoid valves. Use standard Christy I.D. tags with hot -stamped black letters on a yellow background. Install a separate valve box over a 3-inch depth of 3/4- inch gravel for each assembly. Adjust flow control per manufacturer's recommendations prior to use. Install Toro CDEC-ISP-1 decoder on each valve for communication on 2-wire control system. B. Sprinkler Assembly: As presented in the drawings and installation details. Use the sprinkler manufacturer's pressure compensating screens (Rain Bird PCS) to achieve 30 PSI operating conditions on each sprinkler and to control excessive operating pressures. 2.7 DRIP IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Drip Laterals: As presented in the installation details. Use wire connectors and waterproofing sealant to join control wires to solenoid valves. Use standard Christy I.D. tags with hot -stamped black letters on a yellow background. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. Adjust flow control per manufacturer's recommendations prior to use. Install Toro CDEC-ISP-1 decoder on each valve for communication on 2-wire control system. B. Drip Emitter Assembly: 1) Barb -mounted, vortex and/or pressure compensating emitter device as presented in the installation details. The device shall be Rain Bird Xeri-bug XB-10pc series. 2) Install emitter types and quantities on the following schedule: a. Ground cover plant: 1 single outlet emitter each or 1 single outlet emitter per square foot of planting area, whichever is less. b. Shrub: 2 single outlet emitters each. c. Trees in Beds: 4 single outlet emitters each or 1 multi -outlet emitter each (with 4 outlets open). d. Trees in Native: In -line drip tubing rings. See detail. 3) Use 1/4-inch diameter flexible plastic tubing to direct water from emitter outlet to emission point. Length of emitter outlet tubing shall not exceed five feet. Secure emitter outlet tubing with tubing stakes. 4) Install an access sleeve for each multiple -outlet emitter located in a turf area. C. Flush Cap Assembly: as presented in the installation details. Locate at the end of each drip irrigation lateral pipe. Install a separate valve box over a 3-inch depth of 3/4-inch gravel South Transit Center 02810 - 7 100% Construction Documents for each assembly. 2.8 CONTROL SYSTEM COMPONENTS A. Irrigation Controller Unit: 1) As presented in the drawings and installation details. 2) Primary surge protection arrestors: As required by control system manufacturer. 3) Valve output surge protection arrestors: As required by control system manufacturer. 4) Lightning protection: 4" x 96" x 0.0625" copper -clad grounding plate. 5) Wire markers: Pre -numbered or labeled with indelible non -fading ink, made of permanent, non -fading material. 6) Valve output surge protection arrestors: As recommended by controller manufacturer. Ground every 12 decoders or 1,000 feet per Toro specifications. 7) Ground the end of every wire run per Toro specifications 8) Additional Central Control radio communication equipment as determined by a communication test. See Section 3.9. B. Instrumentation: 1) As presented in the drawings and installation details. 2) Flow Sensor: Data Industrial Model IR220B with polypropylene mounting saddle. 3) Central control communication components C. Control Wire: 1) Use Toro jacketed decoder cable (2414 AWG wires), direct burial, solid copper, for power to decoders. Install per Toro specifications. 2) Spare control wires shall be of a color different from that of the active control wire. Wire color shall be continuous over its entire length. 3) Splices: Use wire connector with waterproof sealant. Wire connector to be of plastic construction consisting of two (2) pieces, one piece which snap locks into the other. A copper crimp sleeve to be provided with connector. Utilize DBR6-300 splices. 4) Encase wiring not located near PVC irrigation pipe in PVC Schedule 40 electrical conduit. OTHER COMPONENTS A. Tools and Spare Parts: Provide operating keys, servicing tools, test equipment, other South Transit Center 02810 - 8 100% Construction Documents items, and spare parts indicated in the General Notes of the drawings. PART 3: EXECUTION 3.1 INSPECTIONS AND REVIEWS A. Site Inspections: 1) Verify site conditions and note irregularities affecting work of this section. Report irregularities to the Owners' Representative prior to beginning work. 2) Beginning work of this section implies acceptance of existing conditions. 3) Contractor will be held responsible for coordination between landscape and irrigation system installation. 4) Landscape material locations shown on the Landscape Plan shall take precedence over the irrigation system equipment locations. If irrigation equipment is installed in conflict with the landscape material locations shown on the Landscape Plan, the Contractor will be required to relocate the irrigation equipment, as necessary, at Contractor's expense. B. Utility Locates ("Call Before You Dig"): 1) Arrange for and coordinate with local authorities the location of all underground utilities. 2) Repair any underground utilities damaged during construction. Make repairs at no additional cost to the contract price. C. Irrigation System Layout Review: Irrigation system layout review will occur after the staking has been completed. Notify the Owners' Representative two days in advance of review. Modifications will be identified by the Owners' Representative at this review. 3.2 LAYOUT OF WORK A. Stake out the irrigation system. Items staked include: sprinklers, pipe, control valves, manual drains, controller, and isolation valves. B. Install all mainline pipe and mainline components inside of project property lines. 3.3 EXCAVATION, TRENCHING, AND BACKFILLING A. Excavate to permit the pipes to be laid at the intended elevations and to permit work space for installing connections and fittings. B. Minimum cover (distance from top of pipe or control wire to finish grade): 1) 24-inch over mainline pipe and over electrical conduit. 2) Control wire under mainline. 3) 16-inch over lateral pipe to sprinklers and over manifold pipe to drip system zone control valves. South Transit Center 02810 - 9 100% Construction Documents 4) 8-inch over drip lateral pipe in turf or paved areas downstream of drip system zone control valves. 5) 3-inch minimum mulch cover over drip lateral pipe in planting beds downstream of drip system zone control valves. PVC UV radiation resistant lateral pipe shall be installed directly on the soil surface under landscape fabric. C. Backfill only after lines have been reviewed and tested. D. Excavated material is generally satisfactory for backfill. Backfill shall be free from rubbish, vegetable matter, frozen materials, and stones larger than 2-inches in maximum dimension. Remove material not suitable for backfill. Backfill placed next to pipe shall be free of sharp objects which may damage the pipe. Stones larger than 1-inch maximum dimension are not permitted in first (deepest) 6-inches of backfill. E. Backfill unsleeved pipe and sleeves in either of the following manners: 1) Backfill and puddle the lower half of the trench. Allow to dry 24 hours. Backfill the remainder of the trench in 6-inch layers. Compact to density of surrounding soil. 2) Backfill the trench by depositing the backfill material equally on both sides of the pipe in 6-inch layers and compacting to the density of surrounding soil. F. Backfill unsleeved pipe by depositing the backfill material equally on both sides of the pipe in 6-inch layers and compacting each layer to 90% Standard Proctor Density, ASTM D698-78. Conduct one compaction test for every 300 feet of trench. Costs for such testing and any necessary retesting shall be borne by the Contractor. Use of water for compaction, "puddling", will not be permitted. G. Enclose pipe and wiring beneath roadways, walks, curbs, etc. in sleeves. Minimum compaction of backfill for sleeves shall be 95% Standard Proctor Density, ASTM D698-78. Conduct one compaction test for each sleeved crossing less than 50 feet long. Conduct two compaction tests for each sleeved crossing greater than 50 feet long. Costs for such testing and any necessary retesting shall be borne by the Contractor. Use of water for compaction around sleeves, "puddling", will not be permitted. H. Dress backfilled areas to original grade. Incorporate excess backfill into existing site grades. Dispose of excess backfill off site. I. Where utilities conflict with irrigation trenching and pipe work, contact the Owners' Representative for trench depth adjustments. 3.4 SLEEVING AND BORING A. Install sleeving at a depth which permits the encased pipe or wiring to remain at the specified burial depth. B. Extend sleeve ends six inches beyond the edge of the paved surface. Cover pipe ends and mark with stakes. Mark concrete with a chiseled 'Y' at sleeve end locations. C. Bore for sleeves under obstructions which cannot be removed. Employ equipment and methods designed for horizontal boring. 3.5 ASSEMBLING PIPE AND FITTINGS South Transit Center 02810 - 10 100% Construction Documents SECTION 00300 BID FORM PROJECT: 7675 South Transit Center - Bike Shelter Addition Place: City of Fort Collins Date: 9/312014 In compliance with your Invitation to Bid dated August 13 , 2014 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 5% of cost of bid ($ 5% ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment Bonds is as follows: Travelers Casualty and Surety Company of America OneTower Square, Hartford, CT 06183-6014 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through 2 8. BID SCHEDULE (Base Bid) Lump Sum base bid — utility installation (electrical, conduit and building controls); shelter procurement and installation, site work, site amenities and landscaping. 1, 4 A. General: 1) Keep pipe free from dirt and pipe scale. Cut pipe ends square and debur. Clean pipe ends. 2) Keep ends of assembled pipe capped. Remove caps only when necessary to continue assembly. B. Mainline Pipe and Fittings: 1) Use only strap -type friction wrenches for threaded plastic pipe. 2) PVC Rubber-Gasketed Pipe: a. Use pipe lubricant. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. b. Epoxy -coated steel fittings shall not be struck with a metallic tool. Cushion blows with a wood block or similar shock absorber. 3) PVC Solvent Weld Pipe: a. Use primer and solvent cement. Join pipe in a manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in pipe. c. Snake pipe from side to side within the trench. 4) Fittings: The use of cross type fittings is not permitted. C. Lateral Pipe and Fittings: 1) Use only strap -type friction wrenches for threaded plastic pipe. 2) PVC Solvent Weld Pipe: a. Use primer and solvent cement. Join pipe in the manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in the pipe. c. Snake pipe from side to side within the trench. 3) UV Radiation Resistant Polyethylene Pipe: a. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. b. Snake pipe from side to side within the trench, on the soil surface, and hold in place with tubing stakes spaced every five feet. 4) Fittings: The use of cross type fittings is not permitted. South Transit Center 02810 - 11 100% Construction Documents D. Specialized Pipe and Fittings: 1) Copper Pipe: a. Buff surfaces to be joined to a bright finish. Coat with solder flux. b. Solder so that a continuous bead shows around the joint circumference. 2) Galvanized Steel Pipe: a. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. b. Use factory -made threads whenever possible. Field -cut threads will be permitted only where absolutely necessary. Cut threads on axis using clean, sharp dies. c. Apply Teflon -type tape or pipe joint compound to the male threads only. 3) Ductile Iron Pipe: a. Use push -on joints whenever possible. Use pipe lubricant. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. 4) Insert a dielectric union wherever a copper -based metal (copper, brass, bronze) and an iron -based metal (iron, galvanized steel, stainless steel) are joined. 5) Pre -fabricated double swing joints: Install per City of Fort Collins standards and details. 6) Low Density Polyethylene Hose: Install per manufacturer's recommendations. 7) PVC Threaded Connections: a. Use only factory -formed threads. Field -cut threads are not permitted. b. Use only Teflon -type tape. c. When connection is plastic -to -metal, the plastic component shall have male threads and the metal component shalt have female threads. 8) Make metal -to -metal, threaded connections with Teflon -type tape or pipe joint compound applied to the male threads only. E. Thrust Blocks: 1) Use cast -in -place concrete bearing against undisturbed soil. 2) Size, orientation and placement shall be as shown on the installation details. 3) Install rebar with mastic coating as shown on the installation details. F. Joint Restrain Harness: South Transit Center 02810 - 12 100% Construction Documents 1) Install harness in the manner recommended by the manufacturer and in accordance with accepted industry practices. 2) Install self -restraining casing spacers at all pipe bell joints and every 10-feet along the mainline pipe routing through sleeving. Provide correct number and type of restraint per manufacturer's requirements. 3.6 INSTALLATION OF MAINLINE COMPONENTS A. Main System Shut Off Valve: Install where indicated on the drawings. B. Winterization Assembly: Install where indicated on the drawings. C. Master Valve Assembly: Install where indicated on the drawings. D. Isolation Gate Valve Assembly: 1) Install where indicated on the drawings. 2) Locate at least 12-inches from and align with adjacent walls or edges of paved areas. E. Quick Coupling Valve Assembly: Install where indicated on the drawings. 3.7 INSTALLATION OF SPRINKLER IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Sprinkler Laterals: 1) Flush mainline before installation of RCV assembly. 2) Install where indicated on the drawings. Wire connectors and waterproof sealant shall be used to connect control wires to remote control valve wires. Install connectors and sealant per the manufacturer's recommendations. 3) Install only one RCV to a valve box. Locate valve box at least 12-inches from and align with nearby walls or edges of paved areas. Group RCV assemblies together where practical. Arrange grouped valve boxes in rectangular patterns. Allow at least 12-inches between valve boxes. 4) Adjust RCV to regulate the downstream operating pressure. 5) Attach ID tag with controller station number to control wiring. B. Sprinkler Assembly: 1) Flush lateral pipe before installing sprinkler assembly. 2) Install per the installation details at locations shown on the drawings. 3) Locate rotary sprinklers 12-inches from adjacent walls, fences, or edges of paved areas. 4) Locate spray sprinklers 3-inches from adjacent walls, fences, or edges of paved South Transit Center 02810 - 13 100% Construction Documents areas. 5) Set sprinklers perpendicular to the finish grade. 6) Supply appropriate nozzle or adjust arc of coverage of each sprinkler for best performance. 7) Adjust the radius of throw of each sprinkler for best performance. 3.8 INSTALLATION OF DRIP IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Drip Laterals: 1) Flush mainline pipe before installing RCV assembly. 2) Locate as shown on the drawings. Wire connectors and waterproof sealant shall be used to connect control wires to remote control valve wires. Connectors and sealant shall be installed as per the manufacturer's recommendations. 3) Install only one RCV to valve box. Locate at least 12-inches from and align with nearby walls or edges of paved areas. Group RCV assemblies together where practical. 4) Arrange grouped valve boxes in rectangular patterns. Set RCV assembly discharge pressure to 30 PSI. B. Zone Control Valve Assembly: Install at locations shown on the drawings. C. Drip Emitter Assembly: 1) Locate as shown on the drawings and installation details. 2) Flush lateral pipe before installing emitter assembly. 3) Cut emitter outlet distribution tubing square. 4) Install an access sleeve as part of each multiple -outlet emitter assembly for emitters located in turf areas. 5) Use tools and techniques recommended by the manufacturer. Make openings for barb -mounted emitters with the emitter manufacturer's hole - punching tool. D. Flush Cap Assembly: Install at the end of each drip irrigation lateral pipe as shown on the installation details. E. Pressure Adiustment Procedure: 1) Fully open all zone control valves and energize the RCV assembly. 2) Determine which emitter has the least outlet pressure; this is the critical emitter. 3) Identify zone control valve associated with the critical emitter; this is the critical zone control valve. South Transit Center 02810 - 14 100% Construction Documents 4) Set discharge pressure of RCV such that the critical vortex emitter has a pressure of 15 PSI + 2 PSI and/or the critical pressure compensating emitter has a pressure of 25 PSI + 5 PSI. Measure with pressure gauge attached to critical emitter. 5) Identify the critical emitter for remaining zone control valves. 3.9 INSTALLATION OF CONTROL SYSTEM COMPONENTS A. Irrigation Controller Unit: 1) The location of the controller unit as depicted on the drawings is approximate; the Owners' Representative will determine the exact site location during irrigation system installation. 2) Lightning Protection: A 25-foot continuous length (no splices allowed unless using exothermic welding process) of 6 AWG solid bare copper wire is to be attached to the plate by the manufacturer using an approved welding process. Install grounding plate to meet minimum requirements of Article 250-52 (d) of the 199 National Electric Code. Plate must be made of a copper alloy. Wire is to be connected to the electric equipment ground lug as shown in the detail of page 1. The ground plate is to be installed to a minimum depth of 30", or below the frost line if it is lower than 30", at a location 8 feet from the electronic equipment and underground wires and cables. Two (2) 50-pound bags of PowerSetG [Paige Electric part number 1820058] earth contact material must be spread so that it surrounds the copper plate evenly along its length within a 6" wide trench. Salts, fertilizers, bentonite clay, cement, coke, carbon, and other chemicals are not to be used to improve soil conductivity because these materials are corrosive and will cause the copper electrodes to erode and become less effective with time. 3) Lightning protection: Provide on all remote control valve wiring as recommended by the manufacturer. Provide other components such as ground rod, grounding wire, etc., to manufacturer's recommendations. 4) Install primary surge protection arrestors on incoming power lines. 5) Install one valve output surge protection arrestor on each control wire and one for the common wire. 6) Attach wire markers to the ends of control wires inside the controller unit housing. Label wires with the identification number (see drawings) of the remote control valve to which the control wire is connected. 7) Connect control wires to the corresponding controller terminal. 8) Contractor shall schedule Central Control communication radio test with the control system manufacturer representative. On -site controller must communicate by radio with the Central Control system at the Fossil Creek Park Maintenance Facility. B. Instrumentation: 1) Install sensors per the installation details and manufacturer's recommendations. South Transit Center 02810 - 15 100% Construction Documents Install at locations shown on the drawings. 2) Install electrical connections between irrigation controller and sensors per manufacturer's recommendations. C. Control Wire: 1) Bundle control wires where two or more are in the same trench. Bundle with pipe wrapping tape spaced at 10-foot intervals. 2) Provide a 24-inch excess length of wire in an 8-inch diameter loop at each 90 degree change of direction, at both ends of sleeves, and at 100-foot intervals along continuous runs of wiring. Make wiring loop by turning control wire 5 turns around 1- inch pipe. Coil 24-inch length of wire within each remote control valve box. 3) Install spare two wire Toro jacketed decoder cable along entire length of mainline, pulled into each valve box and into the controller. 4) Install control wire under mainline. 5) Do not encase control wires in thrust blocks. 6) If a control wire must be spliced, make splice with wire connectors and waterproof sealant, installed per the manufacturer's instructions. Locate splice in a valve box which contains an irrigation valve assembly, or in a separate 6-inch round valve box. Use same procedure for connection to valves as for in -line splices. 7) Unless noted on plans, install wire parallel with and under PVC mainline pipe. If wire is installed adjacent to section of metal pipe, separate wire from pipe minimum of 6- inches and install wire in PVC conduit. 8) Encase wire not installed with PVC mainline pipe in electrical conduit. 3.10 INSTALLATION OF OTHER COMPONENTS A. Tools and Spare Parts: 1) Prior to the Pre -Maintenance Review, supply to the Owner operating keys, servicing tools, test equipment, and any other items indicated on the drawings. 2) Prior to Final Review, supply to the Owner the spare parts indicated in the General Notes on the drawings. B. Other Materials: Install other materials or equipment shown on the drawings or installation details to be part of the irrigation system, even though such items may not have been referenced in these specifications. 3.11 Project Record (As -Built) Drawings Maintain on -site and separate from documents used for construction, one complete set of contract documents as Project Documents. Keep documents current. Do not permanently cover work until as -built information is recorded. South Transit Center 02810 - 16 100% Construction Documents A. Record pipe and wiring network alterations. Record work which is installed differently than shown on the construction drawings. Record accurate reference dimensions, measured from at least two permanent reference points, of each irrigation system valve, each backflow prevention device, each controller or control unit, each sleeve end, each stub -out for future pipe or wiring connections, and other irrigation components enclosed within a valve box. B. Prior to Final Review, obtain electronic copy of the drawings. Using AutoCAD, duplicate information contained on the project record drawings maintained on site. Label each sheet "Record Drawing". Completion of the Record Drawings will be a prerequisite for the Final Review. 3.12 MAINTENANCE A. Upon completion of Final Review, maintain irrigation system for a duration of 30 calendar days. Make periodic examinations and adjustments to irrigation system components so as to achieve the most desirable application of water. B. Following completion of the Contractor's maintenance period, the Owner will be responsible for maintaining the system in working order during the remainder of the guarantee/warranty period, for performing necessary minor maintenance, for trimming around sprinklers, for protecting against vandalism, and for preventing damage during the landscape maintenance operation. 3.13 CLEAN-UP A. Upon completion of work, remove from the site all machinery, tools, excess materials, and rubbish. End of Section South Transit Center 02810 - 17 100% Construction Documents SECTION 02870 SITE FURNISHINGS PART 1 -GENERAL 1.01 SCOPE A. Bidding Documents and Information, Conditions of the Contract and Division 1 - General Requirements apply to the Work of this Section of the Specifications. B. Work covered by this specification concerns labor, materials, and equipment necessary for installation of: 1. Enhanced Grates and Frames. 2. Bench. 3. Bike Rack. 4. Trash Receptacle. 5. Recycling Receptacle. 6. Picnic Table. 7. Custom Access Fence - Type 1 and Type 2. 8. Bike Rail. 1.02 RELATED SECTIONS A. Section 02750 - Decorative Concrete Paving B. Section 10185 - Telephone Specialties. C. Section 01015 - LEED Requirements. 1.03 SUBMITTALS A. Shop Drawings, technical literature, etc. from Manufacturer for each of the furnishings listed above. 1.04 SAMPLES A. Submit color swatches on finish metal for each of the site furnishings listed above. B. Credit SS 4.2: Product Data for Bike Racks, picnic table, recycling and trash receptacle, bench, grates/frames. C. Credit MR 4.1 and 4.2: Product data or other documentation from material manufacturer indicating percentages, by weight, of post -consumer and pre -consumer recycled content. Include statement of material costs for each product having recycled content, excluding labor costs for installation. Exclude mechanical, electrical and plumbing materials. South Transit Center 02870 - 1 100% Construction Documents 1.05 SUBSTITUTIONS A. No substitutions for specific materials will be accepted except under the following conditions. Alternative bid proposals may be submitted for consideration by the Owner's Representative prior to bid opening. Alternative proposals must be fully supported by necessary documentation showing compatibility/comparability with specific materials. Substitutions must also comply with the General Conditions. 1.06 QUALITY ASSURANCE A. Workmanship, fabrication and shop connections shall be in accordance with AWS and AISC specifications. B. Welding shall be done by welder(s) certified for AWS, DA structural welding requirements. C. LEED Compliance: Refer to Section 01015 for submittal and documentation requirements. 1.07 PRODUCT DELIVERY AND HANDLING A. Coordinate delivery requirements with Manufacturer. Products shall be delivered to the project site in good condition, and shall be contained in the Manufacturer's crate/packaging. The Contractor shall not accept delivery of damaged items. Products shall free from defects and damage. Damaged products shalt be replaced by the manufacturer at no additional cost. C. Comply with manufacturer's requirements for unloading, lifting, and placement. 1.08 WARRANTY A. Guarantee material used in this section against defects due to any cause for a period of two (2) full years from the date of Substantial Completion of work. Replace materials when it is no longer in a satisfactory condition as determined by the Owner's Representative for the duration of the Warranty Period. Make replacements within fourteen (14) days of notification from the Owner's Representative. C. This guarantee will not be enforced should materials be subject to vandalism; improper maintenance procedures carried out by the Owner involving resulting in damage, or other similar circumstances beyond the control of the Contractor. PART 2 - MATERIALS 2.01 ENHANCED METAL GRATE and FRAME A. Manufacturer: Iron Age Designs (877.418.3568) www.ironagegrates.com Local Contact: Shelley Paul South Transit Center 02870 - 2 100% Construction Documents Design Worx P - 970.430.2385 F - 970.482.6855 E-mail - designworx@frii.com B. Model: Oblio - 9"x19" drain grate with Type `E' grate frame. C. Finish/Color: Cast Iron with baked on oil finish. D. Mounting: Per Manufacturer's instructions/as detailed on the Drawings. F. Quantity: Six (6) or as identified on the Drawings. 2.02 BENCH Provide this bench for A. Manufacturer: UrbanScape Furniture Ishelter project. 866.903.3714 B. Website: www.urbanscape.com C. Model: Rockport - R01112C - 6' bench with back, arms and center arm rest (custom feature) D. Powdercoat Color: 1. Bench Seat: Hazelnut. 2. Bench Frame: Stainless. E. Mounting: Surface mount. 2.03 BIKE RACK A. Manufacturer: Dero Bike Racks 800.298.2915 B. Website: www.dero.com C. Model and Quantity: 1. Hi3H - 3 bike capacity. Provide this rack for shelter 2. Hi4H - 4 bike capacity. 1project. 3. Hi5H - 5 bike capacity. D. Color: Sepia Brown. E. Mounting: Surface. See detailing on the Drawings. South Transit Center 02870 - 3 100% Construction Documents Bid Item Description Cost Lump Sum Bid — all utility installation (electrical, co conduit and building controls); shelter procurement —• and installation, site work, site amenities and (319 landscaping Force Account Allowance — Irrigation System $5,000.00 Modificationsco TOTAL BASE BID-- INCLUDE SIGNED FORMS 1413, 1414, BUY AMERICA AND CERTIFICATE REGARDING LOBBYING WITH YOUR BID. 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: CO AN struction, LLC II J. DeMario 9/3/2014 Printed Date President Title A-1 License Number Iflicable) (Seal - if Bid is by corporation) Attest: 4/�"L--. AdgressV C.6 <�o 6 2Z Telephone Z2i 1-1 141S Email ov- oO"A 2.04 TYPE 1 RECEPTACLE A. Manufacturer: Urbanscape Furniture 866.903.3714 B. Website: www.urbanscape.com C. Model: TH3A31 P - Receptacle with Ash Bonnet, square perforation D. Powdercoat Color: 1. Receptacle H Lid / Accent: Stainless. 2. Receptacle H Base: Hazelnut. E. Mounting: Surface mount. F. Quantity: 4 2.05 RECYCLING RECEPTACLE A. Manufacturer: Urbanscape Furniture 866.903.3714 B. Website: www.urbanscape.com C. Model: TH31`31 P - Receptacle with Flat -Top Lid, square perforation D. Powdercoat Color: 1. Lid / Accent: Stainless. 2. Base: Hunter. A. Mounting: Surface mount. B. Quantity: 2 2.04 TYPE 2 RECEPTACLE E. Manufacturer: Urbanscape Furniture 866.903.3714 F. Website: www.urbanscape.com G. Model: TH3F31 P - Receptacle with Flat -Top Lid, square perforation H. Powdercoat Color: 1. Receptacle H Lid / Accent: Stainless. 2. Receptacle H Base: Hazelnut. I. Mounting: Surface mount. J. Quantity: 6 South Transit Center 02870 - 4 100% Construction Documents 2.07 PICNIC TABLE A. Manufacturer: Urbanscape Furniture 866.903.3714 B. Website: www.urbanscape.com C. Model: Portgage - PODO31 C. 8' table, with attached benches, square perforation. D. Powdercoat Color: 1. Seat/Tabletop: Stainless 2. Frame: Stainless. E. Mounting: Surface mount. F. Quantity: 1. 2.08 CUSTOM ACCESS FENCE A. Called out as "Type 1 Access Control Fence" on the drawings. See detailing, notes and fabrication requirements on the drawings. B. Called out as "Type 2 Access Control Fence" on the drawings. See detailing, notes and fabrication requirements on the drawings. 2.09 BIKE RAIL A. See detailing, notes and fabrication requirements on the drawings. PART 3 - EXECUTION 3.01 GENERAL A. Installation shall be in accordance with the plans and details and with the Manufacturer's recommendations. B. Site Furnishing shall be installed in the locations and quantities shown on the plan and details. C. Where applicable, the Owner's Representative shall approve the site furnishing locations prior to fastening in place. D. Use templates, provided by the Manufacturer, to properly position mounting bolts. E. Clean foreign material from exposed surfaces after installation is complete. 3.02 CUSTOM ACCESS FENCE AND BIKE RAILING A. Contractor shall install in the alignment and location shown on the Drawings. South Transit Center 02870 - 5 100% Construction Documents END OF SECTION South Transit Center 02870 - 6 100% Construction Documents CFCTInN n?Q?n LAWNS AND GRASSES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Dryland and Riparian Seeding. 2. Organic amendments (compost). 3. Topsoil - Stockpiled or imported. 4. Erosion -control material(s). 5. Warranty and Satisfactory - Seeded areas. 6. Maintenance. B. Related Sections: 1. Division 2 - Section "Selective Clearing and Pruning" for protection of existing trees and plantings, topsoil stripping and stockpiling and site clearing. 2. Division 2 - Section "Earthwork" for grading, excavation, sub -grade, soil stabilization and treatment, slope protection and surface contouring. 3. Division 2 - Section "Grading" for constructing, shaping and finishing site earthwork. 4. Division 2 - Section "Irrigation Systems' for sprinkler irrigation. 5. Division 2 - Section "Exterior Plants" for border edgings. 6. Division 2 - Section "Hydro Mulching". 7. Division 2 - Section `Transplanting". 8. Division 2 - Section "Plant Maintenance". 9. Section 01015 - LEED Requirements. 1.3 DEFINITIONS A. Finish Grade: Elevation of finished surface of planting soil. B. Planting Soil: Existing or imported topsoil, manufactured topsoil, or surface soil modified to become topsoil; mixed with soil amendments. C. Sub -grade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill immediately beneath planting soil. D. Sub -soil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. South Transit Center 02920 - 1 100% Construction Documents 1.4 SUBMITTALS A. Product Data: For each type of product indicated. LEED Submittals: Credit MR 5.1 and 5.2: Product data for regional materials indicating name, physical address and distance in miles (as the crow flies) from Project to the material manufacturer and point of extraction, harvest or recovery for each raw material. Include statement of cost for each regional material and the fraction by weight that is considered regional, excluding labor costs for installation. C. Certification of Grass Seed: From seed Vendor for each grass -seed or mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging. 1. Certification of each seed mixture for turfgrass sod, identifying source, including name and telephone number of supplier. D. Samples for Verification: 1. Soil Analysis: Submit copies of soil test results from Colorado State University Soils Laboratory or approved substitute. Submit copies of cover letter / results with recommendations. 2. Fertilizer: Submit copy of fertilizer composition to be used and the Supplier source. E. Product Certificates: For each type of manufactured product from Manufacturer, and complying with the following: 1. Manufacturer's certified analysis for standard products. 2. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. F. Material Test Reports: For existing surface topsoil (if available) and/or imported topsoil if required. G. Planting Schedule: Indicating anticipated planting dates for each type of planting. H. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of native and wetland seeded areas during the warranty period. Submit before Substantial completion. 1.5 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful lawn establishment. 1. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when planting is in progress. B. Soil -Testing Laboratory Qualifications: An independent laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specializes in types of tests to be performed. C. Existing Topsoil Analysis: Furnish soil analysis by a qualified soil -testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; sodium absorption ratio; deleterious material; pH; and mineral and plant -nutrient content of topsoil. South Transit Center 02920 -2 100% Construction Documents 1. Report suitability of topsoil for native seed growth. State -recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce satisfactory topsoil. 1.6 DELIVERY, STORAGE, AND HANDLING A. Seed: Deliver seed in original sealed, labeled, and undamaged containers. B. Bulk Materials: 1. Do not dump or store bulk materials near structures, utilities, walkways and pavements, or on existing turf areas or plants. 2. Provide erosion -control measures to prevent erosion or displacement of bulk materials, discharge of soil -bearing water runoff, and airborne dust reaching adjacent properties, water conveyance systems, or walkways. 3. Accompany each delivery of bulk fertilizers and soil amendments with appropriate certificates. 1.7 PROJECT CONDITIONS A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. 1.8 MAINTENANCE SERVICE A. Initial Seeded Area Maintenance Service: Provide full maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after each area is planted and continue until acceptable seeded area is established, but for not less than the following periods: 1. Dryland or Riparian Seeded Areas: from initial installation date through Substantial Completion, and then Contractor shall provide an additional twelve (12) months of maintenance. See Section 02935 - Plant Maintenance. PART 2 - PRODUCTS 2.1 TURF GRASS SEED A. Grass Seed: Fresh, clean, dry, new -crop seed complying with AOSA's "Journal of Seed Technology; Rules for Testing Seeds" for purity and germination tolerances. B. Grass Seed Mix: Proprietary seed mix as follows: 1. Products: Native Grass Seed: Fresh, clean, dry, new seed, mixed species as follows: a. Type 1: Low Grow Mix or approved equivalent. 30% Poa compressa (Canada Bluegrass) 10% Poa secunda (Big Bluegrass) 30% Festuca rubra ssp. rubra (Creeping Red Fescue) 30% Festuca ovina (Sheep Fescue) Supplier: Pawnee Buttes Seed, Inc. South Transit Center 02920 - 3 100% Construction Documents 1.800.782.5947 info@pawneebutteseed.com 2. Products: Dryland Seed Mix: Fresh, clean, dry, new seed, mixed species as follows: a. Type 2: Low Grow Native or approved equivalent. 10% Big Bluegrass (Sherman) 10% Sandberg / Canby Bluegrass 40% Arizona Fescue (Redondo) 40% Sheep Fescue (Ovina) Supplier: Pawnee Buttes Seed, Inc. 1.800.782.5947 info@pawneebutteseed.com 3. Products: Combination Riparian Seed Mix and Dryland Seed Mix: Fresh, clean, dry, new seed, mixed species as follows: a. Type 3: 50% Type 2 mix (above) and 50% Type 4 mix (below) or approved equivalent. Supplier: Pawnee Buttes Seed, Inc. 1.800.782.5947 info@pawneebutteseed.com 4. Products: Riparian Mix: Fresh, clean, dry, new seed, mixed species as follows: a. Type 4: Prairie Wetland Mix or approved equivalent. 12% Alkali Bulbrush 12% Switchgrass 12% Canadian Wildrye 12% Prairie Cordgrass 6% Black Creeper Sedge 6% Alkaligrass 6% Nebraska Sedge 6% Three Square Bulbrush 5% Softstem Bulbrush 5% Hardstem Bulbrush 4% Creeping Spikerush 4% Sloughgrass 2% Fowl Mannagrass 2% Indiangrass 2% Smallwing Sedge 2% Big Bluestem 1.5% Baltic Rush 0.5% Colorado Rush Supplier: Pawnee Buttes Seed, Inc. 1.800.782.5947 info@pawneebutteseed.com 2.2 TOPSOIL A. Planting Soil: Onsite / Stockpiled topsoil. South Transit Center 02920 - 4 100% Construction Documents 1. Re -use surface soil stockpiled onsite (by others). Verify suitability of stockpiled soil to produce topsoil. Clean surface soil of roots, plants, sod, stone, clay lumps and other extraneous materials harmful to plant growth. Supplement with imported or manufactured topsoil from off -site sources, when quantities are insufficient. See Item B. below. Planting Soil: Imported topsoil or manufactured topsoil from off -site sources. Obtain topsoil displaced from naturally well -drained construction or mining sites where topsoil occurs at least four inches (4") deep; do not obtain from agricultural land, bogs or marshes. 1. Additional Properties of Imported Topsoil or Manufactured Topsoil: Screened and free of stones one -inch (1 ") or larger in any dimension; free of roots, plants, sod, clods, clay lumps, pockets of coarse sand, paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, building debris, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, acid, and other extraneous materials harmful to plant growth; free of obnoxious weeds and invasive plants including quackgrass, Johnsongrass, poison ivy, nutsedge, nimblewill, Canada thistle, bindweed, bentgrass, wild garlic, ground ivy, perennial sorrel, and bromegrass; not infested with nematodes, grubs, other pests, pest eggs, or other undesirable organisms and disease -causing plant pathogens; friable and with sufficient structure to give good tilth and aeration. Continuous, air -filled, pore -space content on a volume/volume basis shall be at least fifteen (15) percent when moisture is present at field capacity. Soil shall have a field capacity of at least fifteen (15) percent on a dry weight basis. 2. Mix imported topsoil or manufactured topsoil with the following soil amendments in the following quantities to produce planting soil in the Type 1 Seed Areas ONLY: See Organic Soil Amendments below. 2.3 ORGANIC SOIL AMENDMENTS A. Organic amendment shall be Class 1 as defined by the Rocky Mountain Region Organics Council. Amendments shall be used in planting its or Type 1 seed areas only. 2.4 FERTILIZER A. Fertilizer - not required as part of initial sod or seed installation. See "Turf Maintenance" below. 2.5 MULCHES A. Hydro Mulch for seeding operations: See Section 02550. 2.6 PESTICIDES AND HERBICIDES A. General: Pesticide, registered and approved by EPA, acceptable to authorities having jurisdiction, and of type recommended by manufacturer for each specific problem and as required for Project conditions and application. Do not use restricted pesticides unless authorized in writing by authorities having jurisdiction. Pre -Emergent Herbicide (Selective and Non -Selective): Effective for controlling the germination or growth of weeds within planted areas at the soil level directly below the mulch layer. EPA registered and approved, of type recommended by manufacturer for application. South Transit Center 02920 - 5 100% Construction Documents C. Post -Emergent Herbicide (Selective and Non -Selective): Effective for controlling weed growth that has already germinated. EPA registered and approved, of type recommended by manufacturer for application. 2.7 EROSION -CONTROL MATERIALS A. Erosion -Control Blankets: Biodegradable wood excelsior, straw, or coconut -fiber mat enclosed in a photodegradable plastic mesh. Include manufacturer's recommended stakes or staples as required. 1. Use of this product is solely at the Contractor's discretion and experience in providing the most useful way to hold the slope / swale and establishment of the specified seed mixes to the specified/expected tolerances indicated elsewhere in this specification. 2. Contractor to provide Manufacturer cut sheets / literature to the Owner's Representative, for approval, prior to placing product. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas to receive lawns and grass for compliance with requirements and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs, and plantings from damage caused by planting operations. Protect adjacent and adjoining areas from hydro -mulching overspray. Protect grade stakes set by others until directed to remove them. B. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of soil - bearing water runoff or airborne dust to adjacent properties and walkways. 3.3 SOIL AND FINISHED GRADE PREPARATION A. Limit sub -grade preparation to areas to be planted with dryland seed or sod. Verify rough grading provided by the roadway project is within one -tenth of a foot. Verify major drainage channels are completed and in place. Do not start work until the site is acceptable. Once landscape grading has commenced, the landscape contractor shall be responsible for bringing all grading to final line and grade. Stockpiled Topsoil: Re -spread topsoil to a minimum depth of 4" in all areas to receive Type 1 seed only. Place topsoil during dry weather and on dry, unfrozen subgrade. Remove vegetable matter and foreign non -organic material from topsoil while spreading. C. Soil Amendment (compost): Dryland and Riparian Seeded Areas: soil amendment is required in Type 1 seed areas only. South Transit Center 02920 - 6 100% Construction Documents D. Sub -grades: Loosen sub -grade to a minimum depth of twelve (12) inches overall (8" of existing subgrade and 4' of new topsoil). Remove stones and clods larger than one inch (1 ") in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has re -compacted subsoil. Finish / Fine Grading: Grade disturbed planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus one-half (1 /2) inch of finish elevation. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit finish grading to areas that can be planted in the immediate future. In seeded areas, reduce elevation of finished surface to '/z" below the adjacent pavement / curb elevation. Moisten prepared seed bed areas before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. G. Before planting, restore areas if eroded or otherwise disturbed after finish grading. 3.4 PREPARATION FOR EROSION -CONTROL MATERIALS A. Prepare area as specified in "Lawn Preparation" Article. For erosion -control blanket or mesh, install from top of slope, working downward, and as recommended by material manufacturer for site conditions. Fasten as recommended by material manufacturer. C. Moisten prepared area before planting if surface is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. 3.5 SEEDING A. Definitions. 1. Weeds: Include Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Bermuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel and Brome Grass. B. Seeding Rates: 1. Type 1 (Low Grow) - 5 lbs. / 1,000 sq.ft. 2. Type 2 (Low Grow Native) - 5 lbs. / 1,000 sq.ft. 3. Type 3 (Type 2 and Type 4) - 5 lbs. / 1,000 sq.ft. 4. Type 4 (Riparian) - 10 lbs. / 1,000 sq.ft. C. Seed areas indicated on Drawings and areas disturbed by construction. Re -work previously prepared areas that have become compacted or damaged by rains or traffic. D. Apply by means of a Brillion mechanical power drawn drill seeder to a maximum depth of 1/4 inch followed by packer wheels or drag chains to provide smooth finish. Seed in 2 passes at right angles to one another. Sow half of the seed in each pass. Provide markers or other means to assure that the successive seeded strips will overlap or be separated by a space no greater than the space between rows planted by the equipment being used. South Transit Center 02920 - 7 100% Construction Documents F6rt of g. ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7675: South Transit Center - Bike Shelter Addition OPENING DATE: 3:00 PM (Our Clock) September 3, 2014 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 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: EXHIBIT 1 — Questions & Answers Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST STATEMENT ENCLOSED WITH THE ADDENDUM HAS BEEN RECEIVED. BE ACKNOWLEDGED BY A WRITTEN BID/QUOTE STATING THAT THIS Addendum 2 -7675 South Transit Center — Bike Shelter Addition Page 1 of 2 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors E. Broadcast seed in areas that are inaccessible or too steep to drill or as indicated on plans. Broadcast seed in two (2) opposite directions. Spread seed with tackifier first then hydro mulch on top of seed. F. Restore fine grade after seeding as requested by the Owner's Representative. Cover seed to depth of 1 /4 inch by raking or dragging. G. Firm seeded areas with a roller weighing maximum of one hundred (100) lbs. per foot of width. Seed application rates shall be as specified above. H. Hydro Mulching - See Section 02550. I. Do not sow immediately following rain, when ground is too dry, when ground is frozen or un-tillable, or during windy periods. J. Selection of the time of seeding shall be Contractor's responsibility, consistent with germination and erosion control requirements. 3.6 DRYLAND AND RIPARIAN SEEDED AREA MAINTENANCE A. Maintain and establish dryland and riparian seeded areas by watering, weeding, mowing, replanting, and other operations. Roll, re -grade, and replant bare or eroded areas and re -mulch. B. Seed Establishment Period: 1. Water seeded areas as needed, minimum of two (2) times per day, until seed is established. Water so that no erosion or movement of seed or mulch occurs. Hand water as necessary to prevent movement of seed. 2. Seed establishment period shall begin upon the notice of "Conditional Acceptance" given by the Owner's Representative in writing and continue until the turf is established. 3. Post "KEEP OFF GRASS" signs until seed is established. 4. Maintenance shall include watering and herbicide weed control as necessary. Do not apply herbicide before the first mowing, do not mow before the majority of seedlings have three leaf blades. 5. Required coverage for grass seed areas shall be twenty five (25) viable live seedlings of the species specified per square foot as measured from five (5) feet directly overhead. Determina- tion of required coverage will be based on a random sampling of the entire project area, and shall consist of a minimum of five samples, each two (2) square feet in area. Bare spots are defined as those areas larger than one square foot which do not meet the required coverage. After the inspection it is the Contractor's responsibility to perform the required maintenance within one week to insure a healthy established seeding condition. 6. The total area occupied by bare spots larger than 0.5 square feet must not exceed ten percent (10%) of the total seeded area. Maximum single bare spot size is one (1) square foot. All seeded grass areas which do not meet the satisfactory stand of growth qualification shall be re- seeded and mulched. C. Watering: Use sprinkler irrigation system to keep seed bed uniformly moist. 1. Schedule watering to prevent wilting, puddling, erosion, and displacement of seed or mulch. Lay out temporary watering system to avoid walking over muddy or newly planted areas. D. Provide weed control as required so that planting is reasonably free of weeds and undesirable grass species, diseases and insects. Utilize a broadleaf weed control product as required and a fall mowing to 6" depth during the fall season for additional weed control. See item 3.08 below. South Transit Center 02920 - 8 100% Construction Documents 3.7 WARRANTY / SATISFACTORY SEEDED AREAS A. Dryland or riparian installations shall meet the following criteria as determined by Owner's Representative: 1. Once the maintenance periods (See 1.8 - Maintenance Service above) are completed and seed establishment is accepted, the City Representative shall issue a written notice of Final Acceptance. The guarantee period extends for one (1) growing season after Final Acceptance. 3.8 HERBICIDE AND PESTICIDE APPLICATION A. Apply pesticides and other chemical products and biological control agents in accordance with requirements of authorities having jurisdiction and manufacturer's written recommendations. Coordinate applications with Owner's operations and others in proximity to the Work. Notify Owner before each application is performed. B. Post -Emergent Herbicides (Selective and Non -Selective): Apply only as necessary to treat already - germinated weeds and in accordance with manufacturer's written recommendations. 3.9 CLEANUP AND PROTECTION A. Promptly remove soil and debris, created by lawn work, from paved areas. Clean wheels of vehicles before leaving site to avoid tracking soil onto roads, walks, or other paved areas. B. Erect temporary fencing or barricades and warning signs as required to protect newly planted areas from traffic. Maintain fencing and barricades throughout initial maintenance period and remove after lawn is established. C. Remove non -degradable erosion -control measures after grass establishment period. END OF SECTION South Transit Center 02920 - 9 100% Construction Documents SECTION 02930 EXTERIOR PLANTS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Trees. 2. Shrubs. 3. Ornamental Grasses. 4. Perennials. 5. Tree stabilization. 6. Organic Mulch - City of FC stockpiled material. 7. Inorganic (Rock) Mulch - Type 1 and Type 2. 8. Basalt Columns. 9. Steel Header. 10. Weed Barrier. 11. Organic Amendment (Compost). 12. Warranty. 13. Maintenance Service. B. Related Sections: 1. Section 01015, LEED Requirements. 2. Division 2 Section "Selective Clearing and Pruning" for protection of existing trees, topsoil stripping and stockpiling and site clearing. 3. Division 2 Section "Earthwork" for grading, excavation, sub -grade, soil stabilization and treatment, slope protection and surface contouring. 4. Division 2 Section "Grading" for constructing, shaping and finishing site earthwork. 5. Division 2 Section "Lawns and Grasses" for dry land and riparian seeding. 1.3 DEFINITIONS A. Backfill: The earth used to replace or the act of replacing earth in an excavation. B. Balled and Burtapped Stock: Exterior plants dug with firm, natural balls of earth in which they are grown, with ball size not less than diameter and depth recommended by ANSI Z60.1 for type and size of tree or shrub required; wrapped, tied, rigidly supported, and drum laced as recommended by ANSI Z60.1. C. Balled and Potted Stock: Exterior plants dug with firm, natural balls of earth in which they are grown and placed, unbroken, in a container. Ball size is not less than diameter and depth recommended by ANSI Z60.1 for type and size of exterior plant required. South Transit Center 02930-1 100% Construction Documents D. Clump: Where three or more young trees were planted in a group and have grown together as a single tree having three or more main stems or trunks. E. Container -Grown Stock: Healthy, vigorous, well -rooted exterior plants grown in a container with well -established root system reaching sides of container and maintaining a firm ball when removed from container. Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI Z60.1 for type and size of exterior plant required. F. Finish Grade: Elevation of finished surface of planting soil. G. Multi -Stem: Where three or more main stems arise from the ground from a single root crown or at a point right above the root crown. H. Sub -grade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil. I. Sub -soil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. 4 SUBMITTALS A. Product Data: For each type of product indicated. LEED Submittals: Credit MR 5.1 and 5.2: Product data for regional materials indicating name, physical address and distance in miles (as the crow flies) from Project to the material manufacturer and point of extraction, harvest or recovery for each raw material. Include statement of cost for each regional material and the fraction by weight that is considered regional, excluding tabor costs for installation. C. Samples for Verification: For each of the following: 1. Submit sample of each proposed in -organic and organic mulch type, in a 1 gallon plastic baggie. Provide name of Supplier and product name. 2. Samples of proposed organic mulch type NOT required. Material specified shall be provided by the City of Fort Collins Forestry Division. See 2.06 Mulches, this section for additional information. 3. Organic Amendment (compost) Analysis: Submit copies of amendment analysis from qualified soil testing laboratory. 4. Fertilizer: not required. 5. Landscape header: Submit a 1-foot long sample with a representative header stake and protective vinyl strip (if required). 6. Weed barrier: Submit brand name and model number/name of proposed weed barrier to be used. 7. Tree Stakes, Webbing and Rubber Protective Cap: Submit sample of each. 8. Basalt Column: Contractor shall submit photos of each column type/size specified at quarry/ material supplier for Owner's Representative to review and approve prior to delivery to the site. Contractor to provide a "ruler" in each photo to represent scale. D. Product Certificates: For each type of manufactured product, from manufacturer, and complying with the following: 1. Manufacturer's certified analysis for standard products. 2. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. South Transit Center 02930-2 100% Construction Documents E. Material Test Reports: For existing surface topsoil (if available) and/or imported topsoil if required. F. Planting Schedule: Indicating anticipated planting dates for exterior plants. G. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of exterior plants during a calendar year. Submit before expiration of required maintenance periods. H. Warranty: Sample of warranty. I. Maintenance Period: See Section 02935 - Plant Maintenance. 5 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of exterior plants. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when planting is in progress. B. Provide quality, size, genus, species, and variety of exterior plants indicated, complying with applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock." 1. Selection of exterior plants purchased under allowances will be made by the City of Fort Collins Forester, who will tag plants at their place of growth before they are prepared for transplanting. C. Tree and Shrub Measurements: Measure according to ANSI Z60.1 with branches and trunks or canes in their normal position. Do not prune to obtain required sizes. Take caliper measurements 6 inches above the ground for trees up to 4-inch caliper size, and 12 inches above the ground for larger sizes. Measure main body of tree or shrub for height and spread; do not measure branches or roots tip -to - tip. D. Observation: City of Fort Collins' Forester will observe trees and shrubs either at place of growth or at site before planting for compliance with requirements for genus, species, variety, size, and quality. Owner's Representative or City Forester retains right to observe trees and shrubs further for size and condition of balls and root systems, insects, injuries, and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from Project site. Notify City of Fort Collins' Forester of sources of planting materials a minimum of seven (7) days in advance of delivery to site. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver exterior plants freshly dug. Do not prune trees and shrubs before delivery except as approved by Owners representative. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind -tie trees or shrubs in such a manner as to destroy their natural shape. Provide protective covering of exterior plants during delivery. Do not drop exterior plants during delivery and handling. C. Handle planting stock by root ball. South Transit Center 02930-3 100% Construction Documents Deliver exterior plants after preparations for planting have been completed and install immediately. If planting is delayed more than six hours after delivery, set exterior plants and trees in shade, protect from weather and mechanical damage, and keep roots moist. 1. Set balled stock on ground and cover ball with soil, peat moss, sawdust, or other acceptable material. 2. Do not remove container -grown stock from containers before time of planting. 3. Water root systems of exterior plants stored on -site with a fine -mist spray. Water as often as necessary to maintain root systems in a moist condition. 7 PROJECT CONDITIONS A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit planting to be performed according to manufacturer's written instructions and warranty requirements. B. Coordination with Turf: Plant trees and shrubs after finish grades are established and before planting turf or seeded areas unless otherwise acceptable to the City of Fort Collins. When planting trees and shrubs after lawns, protect lawn areas and promptly repair damage caused by planting operations. 8 INSPECTIONS A. Site Inspection: 1. Contractor will inspect existing site conditions and note irregularities affecting the work of this section. Verify that grading operations have been satisfactorily completed and that topsoil of adequate quantity and quality has been placed in areas as specified. Verify that the areas to be re -vegetated are protected from concentrated runoff and sediment from adjacent areas. Note previous treatments to the areas such as temporary seeding or mulching and discuss with the Owner's Representative how these treatments will affect permanent re -vegetation. Report irregularities affecting work of this section to the Owner's Representative before initiating work. When the Contractor begins work under this section, it implies acceptance of existing conditions. 2. Contractor shall notify Owner's Representative prior to start of work. B. Pre -Planting Inspections: Plant material shall be inspected by the City of Fort Collins' Forestry of an Owner's Representative before planting. Inspection of materials may be sequenced by major planting areas to accommodate efficient planting operations. Plants for inspection must be in a single location preferably on the project site. Rejected materials must be removed from the site, replaced and re -inspected before planting. If the supplier is a local nursery, tagged plants may be inspected at the nursery. Photographs of the plant materials to be obtained from non -local sources may be submitted to the Owners Representative for preliminary inspection. This preliminary inspection is subject to final approval of plants at the job site. The Owner reserves the right to reject plant material at any stage of construction or warranty period. Soil amendments, backfill mixes and mulches will be inspected at the site by the Owner's Representative before they are used in planting operations. Obtain City Forester's review of staked locations of trees before digging for those plants occurs. Obtain Owner's Representatives review of the location of shrubs in their containers at the proposed locations before digging commences. Contact Owner's Representative at least two (2) days in advance. South Transit Center 02930-4 100% Construction Documents C. Substantial Completion Inspection: As soon as all planting is completed, a review and preliminary inspection to determine the condition of the vegetation will be held by the Owner's Representatives upon request by the Contractor. The inspection will occur only after the following conditions have been met: a. Landscape areas will be free of weeds and neatly cultivated; b. Plant basins shall be in good repair; C. Irrigation systems shall be fully operational with heads properly adjusted; d. Debris and litter shall be cleaned up and walkways and curbs shall be cleaned of soil and debris left from planting operations. 3. If, after the inspection, the Owner's Representative is of the opinion that the work has been performed as per the Contract Documents, and that the vegetation is in satisfactory growing condition, he will give the Contractor Written Notice of Acceptance and the Warranty period shall begin. 4. Work requiring corrective action in the judgment of the Owner's Representative shall be performed within the first ten (10) days of the warranty period. Any work not performed within this time will require an equivalent extension of the warranty period. Corrective work and materials replacement shall be in accordance with the Contract Documents, and shall be made by the Contractor at no cost to the City. 5. On occasion, cold weather may preclude the opportunity to replace dead plants, or the contractor may request replacement to be delayed to the following spring. The Owner's Representative may grant this extension. In the event an extension is granted, the replacement plants shall be installed no later than May 15th, and the warranty shall be extended to November 15th of the same year (one growing season). 6. Final approval and Substantial Completion notice will be given when all deficiencies are corrected. 1.9 WARRANTY A. Special Warranty: Installer's standard form in which Installer agrees to repair or replace plantings and accessories that fail in materials, workmanship, or growth within specified warranty period. Failures include, but are not limited to, the following: a. Death and unsatisfactory growth, except for defects resulting from lack of adequate maintenance, neglect, abuse by Owner, or incidents that are beyond Contractor's control. b. Structural failures including plantings falling or blowing over. C. Faulty operation of tree stabilization. d. Deterioration of metals, metal finishes, and other materials beyond normal weathering. Warranty Periods from Date of Substantial Completion: a. Trees and Shrubs: One (1) year. b. Perennials and Ornamental Grasses: One (1) year. Include the following remedial actions as a minimum: a. Remove dead exterior plants immediately. Replace immediately unless required to plant in the succeeding planting season. b. Replace exterior plants that are more than 25 percent dead or in an unhealthy condition at end of warranty period. South Transit Center 02930-5 100% Construction Documents C. Provide extended warranty for replaced plant materials; warranty period equal to original warranty period. 1.10 MAINTENANCE SERVICE A. Initial Maintenance Service for Exterior Plants: Provide full maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after each area is planted and continue until plantings are acceptably healthy and well established, but for not less than maintenance period below. Maintenance Period: Twelve (12) months from date of Substantial Completion. See Section 02935 - Plant Maintenance. PART 2 - PRODUCTS 2.1 TREE AND SHRUB MATERIAL A. General: Furnish nursery -grown trees and shrubs complying with ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well -shaped, fully branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. B. Provide trees and shrubs of sizes, grades, and ball or container sizes complying with ANSI Z60.1 for types and form of trees and shrubs required. Trees and shrubs of a larger size may be used if acceptable to Owners representative, with a proportionate increase in size of roots or balls. C. Root -Ball Depth: Furnish trees and shrubs with root balls measured from top of root ball, which shall begin at root flare according to ANSI Z60.1 D. Label each tree and shrub with securely attached, waterproof tag bearing legible designation of botanical and common name. E. If formal arrangements or consecutive order of trees or shrubs is shown, select stock for uniform height and spread, and number label to assure symmetry in planting. 2.2 SHADE AND ORNAMENTAL TREES A. Shade Trees: Single -stem trees with straight trunk, well-balanced crown, and intact leader, of height and caliper indicated, complying with ANSI Z60.1 for type of trees required. 1. Provide balled and burlapped trees. 2. Branching Height: One-third to one-half of tree height. B. Ornamental Trees: Branched or pruned naturally according to species and type, with relationship of caliper, height, and branching according to ANSI Z60.1; stem form as follows: 1. Stem Form: Single trunk and Multi -trunk clump as indicated on the Drawings. 2. Provide balled and burlapped trees. South Transit Center 02930-6 100% Construction Documents 2.3 DECIDUOUS SHRUBS A. Form and Size: Shrubs with not less than the minimum number of canes required by and measured according to ANSI Z60.1 for type, shape, and height of shrub. 1. Provide container -grown shrubs in variety and sizes as indicated on the Drawings. 2.4 CONIFEROUS EVERGREENS A. Form and Size: Normal -quality, well-balanced, coniferous evergreens, of type, height, spread, and shape required, complying with ANSI Z60.1. Form and Size: Specimen quality as described, symmetrically shaped coniferous evergreens. Shearing Designation: Natural, never sheared (N). Provide balled and burlapped trees. 2.5 PLANTS A. Ornamental Grasses and Perennials: Provide healthy, disease -free plants of species and variety shown or listed, with well -established root systems reaching to sides of the container to maintain a firm ball, but not with excessive root growth encircling the container. Provide only plants that are acclimated to outdoor conditions before delivery. B. Perennials: Provide healthy, field -grown plants from a commercial nursery, of species and variety shown or listed, complying with requirements in ANSI Z60.1. C. Ornamental Grasses: Provide healthy, field -grown plants from a commercial nursery, of species and variety shown or listed, complying with requirements in ANSI Z60.1. D. Vines: Provide vines of species indicated complying with requirements in ANSI Z60.1 as follows: 1. Two-year old plants with heavy, well -branched tops, with not less than three (3) runners, eighteen inches (18") or more in length, and with a vigorous well -developed root system. 2. Provide field -grown vines. Vines grown in pots or other containers of adequate size and acclimated to outside conditions will also be acceptable. 2.6 TOPSOIL A. Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of four -percent (0) organic material content; free of stones one -inch (1") or larger in any dimension and other extraneous materials harmful to plant growth. Submit a minimum of two (2) samples of soil to the Colorado State University Soil Testing laboratory for analysis and fertilizer recommendations. Samples shall be taken from widely varying sections of the site. 1. Topsoil Source: Reuse surface soil stockpiled on -site (by others). Verify suitability of stockpiled surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful to plant growth. a. Supplement with imported or manufactured topsoil from off -site sources when quantities are insufficient. Obtain topsoil displaced from naturally well -drained construction or mining sites where topsoil occurs at least 4 inches deep; do not obtain from agricultural land, bogs or marshes. South Transit Center 02930-7 100% Construction Documents 2.7 ORGANIC SOIL AMENDMENTS A. Organic Amendment shall be Class 1, meeting the specifications and guidelines established by the Rocky Mountain Organics Council. 2.8 FERTILIZER A. Fertilizer for trees, shrubs, ornamental grasses and perennials: Not required. 2.9 MULCHES A. Organic Mulch: Free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of the following: 1. Type 1: Ground or shredded - no weed barrier required. a. Organic mulch material to be provided by the City of Fort Collins Forestry Division, located at Parks Maintenance Shop, 413 S. Bryan Avenue (near the City Park Golf Course), Fort Collins, 80521. Contact the City Forester (Ralph Zentz or Tim Buchanan) at 970.221.6361, to schedule material pickup. City will load the material into the Contractors vehicle for transport to the site. Contractor's pricing to include Contractor pickup at the above address, hauling material to the site and installation only. B. In -organic (Rock) Mulch: Hard, durable stone, washed free of loam, sand, clay, and other foreign substances, of following type, size range, and color: 1. Type 1: a. Washed, River Cobble. b. Size Range: 5" to 8" diameter. C. Color: Uniform tan -beige color range acceptable to Owners representative. d. In planting areas where slope is greater than or equal to 4:1, cobble shall be hand placed to ensure slope stability. 2. Type 2: a. Mexican Beach Pebbles b. Size Range: 5" to 8". C. Color: Black. d. Supplier: 1). Coverall Stone, Inc. Website: www.coveratistone.com Phone: 800.779.3234 2). Approved substitute. 2.10 STONE FEATURES A. Basalt Columns: 1. Size Range: 15" - 18" diameter x length indicated on the Drawings. 2. Quantity: Three (3), or as indicated on the Drawings. South Transit Center 02930-8 100% Construction Documents RECEI'VIED SEP 0 Z Z014 SECTION 00410 Heath Construction BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Heath Construction, LLC Travelers Casualty and as Principal, and Surety Company of America as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the SUM of $ Five Percent of Amount Bid (5%) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7675 South Transit Center - Bike Shelter Addition, NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated, The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 3. Contractor shall stake proposed locations, prior to placement, for review and approval by the Owner's Representative. 4. Supplier: a. Coverall Stone, Inc. Website: www.coverallstone.com Phone: 800.779.3234 b. Approved substitute. 2.11 WEED -CONTROL BARRIERS C. Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. 2.12 TREE STABILIZATION MATERIALS A. Tree Stakes - 8 Foot long, 2" diameter Metal `t' stakes with Rubber End Protectors. B. Guy Anchors - 24" long metal "t" posts or approved equivalent. C. Guying and Staking Cord - 1 /4" Diameter yellow nylon rope or 14AWG wire with 1 /2" X 12" PVC sleeves. D. Webbing: 2"nylon webbing or rubberized cloth. No hose permitted. 2.13 LANDSCAPE HEADERS A. Steel Header: Standard commercial -steel header, rolled edge, fabricated in sections of standard lengths, with loops stamped from or welded to face of sections to receive stakes. 1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Ryerson Steel. b. Approved substitute. 2. Header Size: 3/32" wide by 4 inches deep. 3. Stakes: Tapered steel, a minimum of twelve inches (12"). 4. Accessories: Standard tapered ends, corners, and splicers. 5. Finish: Standard paint. B. Concrete Headers: not required. 2.14 MISCELLANEOUS PRODUCTS A. Anti -desiccant: Water -insoluble emulsion, permeable moisture retarder, film forming, for trees and shrubs. Deliver in original, sealed, and fully labeled containers and mix according to manufacturer's written instructions. B. Trunk -Wrap Tape: Two layers of crinkled paper cemented together with bituminous material, 4-inch wide minimum, with stretch factor of 33 percent. South Transit Center 02930-9 100% Construction Documents 2.15 PLANTING SOIL MIX A. Planter Pot / Raised Planter Soil Mix: not required. B. Planting Pit Backfill Soil Mix: Two (2) parts on -site soil, one (1) part soil amendment (compost). PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas to receive exterior plants for compliance with requirements and conditions affecting installation and performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities, and lawns and existing exterior plants from damage caused by planting operations. B. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of soil - bearing water runoff or airborne dust to adjacent properties and walkways. C. Lay out individual tree and shrub locations and areas for multiple plantings. Stake locations, outline areas, adjust locations when requested, and obtain City of Fort Collins' Forester acceptance of layout before planting. Make minor adjustments as required. D. Trunk Wrapping: Inspect tree trunks for injury, improper pruning, and insect infestation; take corrective measures required before wrapping. Wrap all deciduous single trunk trees with trunk -wrap tape only during the fall season. Start at base of trunk and spiral cover trunk to height of first branches. Overlap wrap, exposing half the width, and securely attach without causing girdling. E. Apply anti -desiccant to trees and shrubs using power spray to provide an adequate film over trunks (before wrapping), branches, stems, twigs, and foliage to protect during digging, handling, and transportation. 1. If deciduous trees or shrubs are moved in full leaf, spray with anti -desiccant at nursery before moving and again two (2) weeks after planting. 3.3 PLANTING BED ESTABLISHMENT A. Loosen subgrade of planting beds to a minimum depth of 12 inches. Remove stones larger than one - inch (1 ") in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. Thoroughly blend planting soil mix off -site before spreading or spread topsoil, apply soil amendments and fertilizer on surface, and thoroughly blend planting soil mix. a. Delay mixing fertilizer with planting soil if planting will not proceed within a few days. 2. Spread organic amendment at a rate of 3 CY / 1,000 s.f. Do not spread if organic amendment or sub -grade is frozen, muddy, or excessively wet. South Transit Center 02930-10 100% Construction Documents B. Finish Grading: Grade planting beds to a smooth, uniform surface plane with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. C. Before planting, restore planting beds if eroded or otherwise disturbed after finish grading. 3.4 EXCAVATION FOR TREES AND SHRUBS A. Pits and Trenches: Excavate circular pits with sides sloped inward. Trim base leaving center area, raised slightly to support root ball and assist in drainage. Do not further disturb base. Scarify sides of plant pit smeared or smoothed during excavation. Excavate approximately two (2) times as wide as ball diameter for balled and burlapped stock. Sub -soil removed from excavations may be used as backfill, with the addition of one (1) part soil amendment (compost). C. Obstructions: Notify City of Fort Collins' Forester if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations. Drainage: Notify Owner's Representative if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits. E. Fill excavations with water and allow to percolate away before positioning trees and shrubs. 3.5 TREE AND SHRUB PLANTING A. Before planting, verify that root flare is visible at top of root ball according to ANSI Z60.1. B. Set balled and burlapped stock plumb and in center of pit or trench with top of root ball two inches (2") adjacent finish grades. Remove burlap from tops of root balls and partially from sides, but do not remove from under root balls. Remove entire, of wire basket. Remove pallets, if any, before setting. Do not use planting stock if root ball is cracked or broken before or during planting operation. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. C. Set container -grown stock plumb and in center of pit or trench with top of root ball two -inches (2") above adjacent finish grades. Carefully remove root ball from container without damaging root ball or plant. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. D. Trunk Wrapping: Inspect tree trunks for injury, improper pruning, and insect infestation; take corrective measures required before wrapping. Wrap trees of 2-inch caliper and larger with trunk - wrap tape. Start at base of trunk and spiral cover trunk to height of first branches. Overlap wrap, exposing half the width, and securely attach without causing girdling. South Transit Center 02930-11 100% Construction Documents 3.6 TREE AND SHRUB PRUNING A. Remove only dead, dying, or broken branches. Do not prune for shape. Coordinate and verify any and all pruning and trimming with the City of Fort Collins' Forester, prior to commencing any of this work. 3.7 PLANT PLANTING A. Planting Beds Staking - Prior to planting any perennials, and prior to installing header or header, stake, flag, or paint proposed beds scaling off the plans to determine bed configuration and size. Contact the Owner's Representative for review of extent and configuration. Do not plant or install header until review has been completed. Establish fine grade and sub -grade adjacent to headers as described above. C. Prepare soil as per Section 3.3 above, under "Planting Bed Establishment". D. Layout all planting pots prior to planting. Space plants equally within beds to ensure a uniform appearance. Remove all pots prior to planting including peat pots. Plant all plant material so that the plants are flush with finish grade (top of mulch) when complete. This will require slightly mounding each plant. Lightly compact soil around base of plant to ensure adequate root/ soil contact. Do not vigorously compact. F. Re-establish fine grade by hand raking or smoothing grade by hand prior to placing mulch. G. Apply specified mulch taking care not to damage plants. Clear excess mulch from plant foliage. 3.8 PLANTING BED MULCHING A. Install weed -control barriers before inorganic (rock) mulching beds only, according to Manufacturer's written instructions. Completely cover area to be rock mulched (or as described on the Drawings) overlapping edges a minimum of six -inches (6"). Material and Seam Treatment: Non -woven fabric with seams pinned. B. Mulch backfilled surfaces of planting beds and other areas indicated. Provide mulch ring around trees in lawn areas. 1. Organic Mulch: Apply 3-inch average thickness of organic mulch, and finish level with adjacent finish grades. Do not place mulch against plant stems. Install organic mulch in all perennial and ornamental grass areas or as indicated on the Drawings. Landscape fabric is not required in organic mulch areas. 2. Inorganic (Rock) Mulch: a. Type 1 (5-8" Cobble) - Apply one -single layer compacted average thickness of rock mulch (ensure that 100% of the landscape fabric is covered), and finish level with adjacent finish grades. Do not place mulch against plant stems. Landscape fabric is required in all rock mulch areas. b. Type 2 (Mexican Beach Pebbles) - See detail on the Drawings. Tree Rings: Apply 3-inch average thickness of organic mulch, in a minimum of 48" diameter circle and finish level with adjacent finish grades. Do not place mulch against plant stems. Landscape fabric is not required within tree ring areas. South Transit Center 02930-12 100% Construction Documents 3.9 HEADER INSTALLATION A. Steel Header: Install by laying out beds scaled from the Drawings. Stake, flag, or paint proposed beds prior to installation of header and obtain review of Owner's Representative of layout prior to installation. Install header plumb with grade and stake at minimum ten (10) foot intervals. Establish top of header one inch (1") above finish grade in turf areas. Install using straight lines or long smooth curves. Provide v-shaped drainage openings two inches (2") wide and one inch (1 ") depth at low points in the bed, at outlet point for drainage appurtenances such as downspouts including overflow drains and at ten (10) foot intervals maximum. Do not install steel header around mulch rings in lawn areas. 3.10 PLANT MAINTENANCE A. Tree and Shrub Maintenance: Maintain plantings by pruning, cultivating, watering, weeding, fertilizing, restoring planting saucers, adjusting and repairing stakes and guy supports, and resetting to proper grades or vertical position, as required to establish healthy, viable plantings. Spray or treat as required to keep trees and shrubs free of insects and disease. Restore or replace damaged tree wrappings. Continuously maintain plantings included in the Contract from the beginning of Contract work and during the progress of work. C. The Contractor shall be responsible for resetting of any plants to an upright position or to proper grade and for the removal and replacement of any dead plant material. 3.11 CLEANUP AND PROTECTION A. During planting, keep adjacent paving and construction clean and work area in an orderly condition. Protect exterior plants from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged plantings. 3.13 PROJECT RECORD (As -Built Drawing) A. Maintain one complete set of contract documents on site. Keep documents current. Record changes in location, quantity and species of plant material. Submit corrected drawings to the Owner's Repre- sentative prior to final inspection. 3.14 DISPOSAL A. Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off Owner's property. END OF SECTION South Transit Center 02930-13 100% Construction Documents SECTION 02935 PLANT MAINTENANCE PART 1 - GENERAL 1.01 SCOPE A. Complete landscape maintenance of designated areas as specified herein. During and at the end of the maintenance period, all plant material shall be in a healthy, growing condition. The Contractor shall provide all equipment, labor, and materials necessary for performing landscape maintenance and irrigation services according to the following specifications. The awarded Contractor shall be responsible for the full maintenance of the installed landscaping for ONE (1) year after final completion. B. The Contractor shall be required (by this contract) to enter into a separate maintenance agreement and the terms of that maintenance agreement spelled out in these project specifications. 1.02 QUALITY OF WORK A. All work shall be performed in accordance with the best landscape maintenance practices and irrigation management practices as per ALCC Best Management Practices and Green Co Best Management Practices 1.03 LOST AND FOUND ARTICLES A. The Contractor shall insure that all articles found by his employees while performing duties under this contract are turned in to the Project Manager. 1.04 CONTRACTOR RESPONSIBILITY FOR WORK A. The Contractor shall be responsible for all damages, losses or injuries that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. 1.05 PERSONNEL A. The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing to the satisfaction of the City and on schedule all work required under this contract during regular and prescribed hours. The Contractor and his employees shall conduct themselves in a proper and efficient manner at all times. They shall cause the least possible annoyance to the public. The City may require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interests of the City. South Transit Center 02935 - 1 100% Construction Documents C. The Contractor shall have competent supervisors, who may be working supervisors, on the job at all times work is being performed, who are capable of discussing matters pertaining to this contract with the Project Manager. Adequate and competent supervision shall provide for all work done by the contractor's employees to ensure accomplishment of high quality work, which will be acceptable to the Project Manager. D. Each Contractor crew shall have at least one English-speaking crew chief able to translate directions to the remaining crewmembers. 1.06 COMPANY IDENTIFICATION A. The employees shall wear clothing that identifies them as employees of the Contractor's company at all times they are working under this contract. Company vehicles shall have a company -identifying marker prominently displayed. 1.07 SUBCONTRACTORS A. All persons engaged in the work will be considered employees of the Contractor. The Contractor shall be held directly responsible for the work of all employees. 1.08 REPAIRS TO FACILITIES A. All portions of existing structures, facilities, or equipment including irrigation systems, which are damaged or altered in any way, as a result of the Contractor's performance shall be repaired or replaced to a like new condition. The Contractor at no cost to the City shall perform all work of this kind. Repairs shall be made on the day of damage or alteration, unless otherwise directed by the City. 1.09 VANDALISM A. Existing structures, facilities, or equipment (including irrigation systems) which are damaged or altered in any way, including acts of God, vandalism, vehicular damage, theft, or other mysterious damages that are not a result of the Contractor, shall be repaired at City expense by the Contractor on a time and materials basis. This does not include any irrigation riser and nipples that shall be repaired as routine maintenance. 1.10 SAFETY REQUIREMENTS A. All work performed under this contract shall be in such a manner as to provide maximum safety to the public and where applicable comply with all safety standards required by OSHA. The Project Manager reserves the right to stop the Contractor or his crews when unsafe or harmful acts are observed or reported relative to the performance of work under this contract. 1.11 HAZARDOUS CONDITIONS A. The City will be responsible for all hazards in the contract areas that are not a result of the Contractor's work. The City will not be responsible for hazards created by the negligence or South Transit Center 02935 - 2 100% Construction Documents omissions of the Contractor. Any hazardous condition noted by the Contractor, which is not a result of his work shall be immediately reported to the Project Manager. 1.12 TRAFFIC CONTROL A. The Contractor shall conduct the work at all times in a manner that will not interfere with normal pedestrian traffic on adjacent sidewalks. Interference with vehicular traffic shall be in accordance with the City's traffic control policies and regulations. 1.13 MAINTENANCE PERFORMANCE INSPECTIONS A. The City will inspect all areas under this contract for adherence to the specifications. Any deficiencies or deviations in the work will be submitted to the Contractor for immediate correction. 1.14 PAYMENT PROCESS A. The Contractor will be paid monthly for work performed satisfactorily under this contract. Within the first five (5) days of the month, the Contractor shall submit a detailed report of maintenance performed in the prior month. The report shall include (but not limited to) the following information: number of complete mowings, number of complete irrigation inspections, schedule changes, major work to be performed in the coming month, and any other pertinent information. The use of pesticides or fertilizations shall be noted as to date, time, area and what material was used. This report shall be accompanied by a billing in accordance with the contract price for the work performed and shall become the basis for payment. The City may withhold payment to such extent as may be necessary to protect the City from loss due to work required in the specifications which is defective, inadequate, incomplete or not performed. 1. See Work Evaluation Standards below. 2. Contractor shall be required to continue payment and performance bonds until the end of the maintenance agreement. 1.15 SCHEDULING OF WORK A. The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. No maintenance functions that generate excessive noise shall be performed before 8:00 a.m. in residential areas (i.e. mowing). B. The Contractor must also have the ability to respond to an urgent call within 45 minutes or less of receiving the call. C. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the City at the pre -work meeting and updated with the monthly submittal. PART 2 - PRODUCTS Not Used. South Transit Center 02935 - 3 100% Construction Documents PART 3 - EXECUTION 3.01 IRRIGATION A. General: Irrigation shall be accomplished by the use of automatic sprinkler systems. B. Time of Operation: The automatic sprinkler systems shall operate between the hours of 10:00 p.m. and 7:00 a.m. only. System checks may be run during the day and time shall be kept to a minimum. No make up watering will be allowed during the day. Newly planted sod or seed may be watered up to twice during the day, but only with irrigation zones needed. During periods of drought, predetermined city schedules may take precedence. Water Application Rates: The programming of all irrigation controllers shall be scheduled by a Certified Irrigation Technician with one or more of the following, certifications: "Associated Landscape Contractors of Colorado" CLT-Irrigation, "Irrigation Association", Landscape Water Auditor, or "Irrigation Association" Certified Irrigation Designer. The irrigation controllers shall be adjusted monthly to meet monthly ETs (evaporation transpiration) averages. Turf shall be irrigated to maintain horticulturally acceptable growth and color while encouraging deep rooting. Trees and shrubs shall be watered to prevent wilting and color loss. Water shall be applied so that runoff is avoided and applied to match the needs of the turf, tree or shrub bed being irrigated. Daily watering shall be avoided, every third day irrigation is recommended. Turf that shows signs of drought stress (foot printing), wilting or browning shall receive immediate attention. Any loss of turf shall require re -seeded at the Contractor's expense. The Contractor shall submit a scheduling report with scheduling criteria and each controller's operating schedule. Water use on seeded areas shall be monitored and excessive water use as determined by the Project Manager shall be at the Contractors expense. D. Tree and Shrub Bed Irrigation: Trees shall be watered so that they receive 40 gallons of water a week during May, June, July, August and the first two (2) weeks of September. Shrubs shall receive 5 gallons of water per week during the same time frame. Schedules may need to be adjusted at the request of the Forestry Division. Mature areas that have irrigation systems may not have this requirement, at the discretion of the Project Manager. Water Conservation and Restrictions: Watering schedules must meet restrictions set forth by City of Fort Collins Utilities. Any fines or penalties due to failure to follow watering restrictions will be the responsibility of the Contractor. This is even more important in times of drought. Operation of Automatic Irrigation Controllers: The Contractor shall protect the security of irrigation controllers by keeping the controller cabinet doors locked at all times. Any stolen or vandalized controllers as a result of unlocked cabinets shall be replaced at Contractor's expense. Remote control and hand held programmers shall be protected from and shall be replaced at Contractor's expense in case of loss or damage. Care should be exercised in the operation of automatic controllers. Any defective or nonfunctioning controller shall be reported to the Project Manager G. Routine System Maintenance: The Contractor shall perform routine maintenance on the sprinkler system components on an every week to ten (10) day cycle. Routine maintenance shall include the following maintenance tasks: South Transit Center 02935 - 4 100% Construction Documents 1. Unplugging components i.e. valves, heads, piping, etc. rendered nonfunctional due to rock, rust, debris, etc. Making all routine arc adjustments for part circle heads to promote optimum coverage. 2. Check controller programming and rescheduling as needed (refer to 3.01, C. Water Application Rates, above). 3. Repairing/replacing all broken risers and nipples. This applies to all risers and nipples regardless of reason for failure. 4. Replacing batteries in controllers each spring and as needed. 5. Any replacement equipment or parts must be of the same brand, model number, nozzle size and new unless authorized by the Project Manager. The Contractor shall maintain sprinkler systems in such a way as to insure proper coverage and full working capability. H. Sprinkler System Repair: Throughout the 24-month extended maintenance period, repair work shall be the responsibility of the Contractor. Spring Startup: The Project Manager will schedule water turn -on through the Water Utility. Contractor is not to turn any curb stop or street water valve. The Contractor shall turn on each sprinkler system at the meter. Mainlines shall be filled slowly and each zone activated by use of the automatic controller visually inspecting each head for performance and coverage. Repairs will be made prior to system being used for irrigation purposes. Visually inspect each backflow device for proper operation. Winterization: The Project Manager will schedule water turn-off through the Water Utility. 1. The Contractor shall turn off the sprinkler system at the meter. 2. Air shall be forced through the system via the blowout tubes on the systems. Air shall pass through each system expelling all water. Care shall be taken when blowing out, as excessive pressure will damage the sprinkler system. It is recommended that air pressure does not exceed normal irrigation system operation pressures. 3. Backflow device ball valves should be left in a partial open or partial closed position to prevent damage from trapped water that will freeze. 4. A second blowout may be necessary on larger systems. 5. Contractor will be responsible for any freeze damage. 6. Winterization should be scheduled no later than October 31 (smaller systems and backflow devices will freeze rapidly). 7. Do not wrap backflow devices with insulation. 3.02 MOWING A. Irrigated Turf Grass Mowing: N/A. B. Mowing Frequency of Irrigated Turf Grass: N/A. C. Mowing Frequency of Non -Irrigated Turf Grass: Mowing shall be performed depending on the growth of the turf. This turf will grow rapidly in the early season and go dormant with the heat of summer and may pick up again in the cool of fall. The last mowing should be timed to either pick up or mulch the remaining leaves of the season. The Contractor should plan on five (5) mowings scheduled approximately as follows: April - no mowing required. May one (1) time. June one (1) time. July one (1) time. August one (1) time. South Transit Center 02935 - 5 100% Construction Documents IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals 3rd this day of September_, 2014, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Heath Construction, LLC Address: 141 Racquette Drive ATTEST: By: '-L' (SEAL) SURETY Travelers Casualty and Surety Company of America One Tower Square Hartford, Connecticut 06183-6014 By: Title: Kristen L. McCormick, Attorney -in -Fact IMA 1705 17th Street, Suite 10t, Denver, CO 80202 Phone 303.534.4567 (SEAL) September one (1) time. October - no mowing required. TOTAL = five (5) times 3.03 EDGING AND TRIMMING A. Turf Grass Trimming: N/A. B. Weed Eater Care: Extreme care shall be utilized when trimming around trees with any trimming device. Any marks, chipped bark, or girdling by a string trimmer, mower or other device will result in a penalty assessed by the Project Manager. The use of herbicides (i.e. Roundup) around the tree trunks (no wider than eighteen (18) inches from the base) is encouraged. C. A representative from the Forestry Division is available to meet with Contractor personnel to discuss turf trimming around trees and its effects on trees. The Project Manager will discuss the resulting penalties with the Contractor. 3.04 CLIPPINGS AND REMOVAL A. Cleanup: Any visible grass clippings left on sidewalks, streets, or seeded areas shall be removed from the hard surfaces and excess in the turf shall be removed or spread to eliminate dead spots from heavy seed foliage clippings. This shall be done after each mowing and trimming. Removals: If clippings are picked up due to heavy clumps they shalt be removed to an approved site, preferably for mulching. However, it is recommended that grass catchers not be used as it causes loss of turf nutrients. 3.05 WEED CONTROL A. Within Seeded Grass Areas: All landscaped areas within the specified maintenance areas shall be kept free of weeds. (WEEDS =Any plant material not intended for placement in the landscape.) Weeding may be done manually or by the use of selective herbicide (2-4 D) and or pre -emergent. The use of any restricted herbicides or soil sterilant is prohibited. The Contractor shall use extreme care in the use of herbicides so as not to damage desirable plants or the health of other humans or animals. The Contractor shall post all areas with flags to indicate that a herbicide application has taken place (include the company name and contact phone number). The flags shall be picked up three (3) working days after the herbicide application. Observation of the effectiveness of the herbicide shall be monitored at this time. The Contractor shall follow any and all State, County or local regulations pertaining to herbicide application and use, or any weed ordinances that may be in effect. The Contractor will replace any desirable plants or trees damaged beyond recovery as a result of herbicide use. Herbicide use should not take place within the drip line of any tree. Herbicide applications should be made on a timely basis to avoid seed head development. Only one (1) broadleaf weed application shall be required per year for irrigated seeded areas. All herbicide applications shall be recorded for the monthly report. South Transit Center 02935 - 6 100% Construction Documents B. Weed Control within Shrub Beds: Weed growth in shrubs and shrub beds shall be controlled on a minimum monthly basis. Weeds and grass shall be removed by hand pulling Large mulched areas may be approved for herbicide applications. Shrub beds shall be kept weed and debris free. 3.06 LITTER, TRASH, DEBRIS AND PRUNING A. General: All areas covered under this contract shall be kept free of all trash, debris, tree limbs, branches, and other foreign matter on a weekly basis during the growth season and biweekly during the winter. B. Pre -mowing Cleanup: The Contractor will remove all paper, tree branches and limbs, rubbish, or other debris from each area prior to mowing. Mowing over paper and debris is considered an unsafe and unacceptable practice. C. Spring Cleanup: The Contractor during the first four weeks shall remove all debris, leaves, paper, branches, rubbish, etc. from all areas before any other maintenance activities commence. D. Fall Cleanup: During the term of this contract, leaves shall be the responsibility of the Contractor. Removal or approved mowing with a mulching mower (attachment) shall be the methods used to control the build up of falling leaves. The final mowing of the season shall be after 90% of leaves have fallen to promote a well cared for looking turf. Leaves must be removed from all shrub beds and areas where leaves collect on both medians and parkways. E. Tree Sucker Growth: Suckers shall be removed from trees as they appear. Clipping them off shall be the preferred method or as directed by Forestry Division personnel. F. Shrub Pruning: Shrubs and bushes shall be kept trimmed so that they hold a compact shape and do not extend outside the median line or over splash block. G. Tree Pruning: The City shall do all tree pruning. The Project Manger shall request any trees that need to be pruned for safety of Contractor personnel through the City Forestry Division. Contractor shall request all tree pruning through the Project Manager. 3.07 WORK EVALUATION STANDARDS A. Work Rating: The quality of work and performance are important to the City and reflect on the City and Contractor. To establish compliance with the specifications found above, the following penalties shall be used in case of insufficient performance by the Contractor. The Project manager shall rate the quality and performance. Penalties: A penalty shall be invoked when an inspection report reveals a maintenance item (i.e. mowing, trimming, sprinkler maintenance, weeding, trash pickup, etc.) was done unsatisfactorily in accordance with the standards set forth in this specification. The Contractor will be given a minimum of two (2) working days to correct the deficient work. If the work after this time period remains unsatisfactory, the following percentage of the total calculated monthly billing would be deducted as penalty: 1. Number of Deficient Degree of Penalty Maintenance Operations 1 - 5% of monthly billing 2 - 10% of monthly billing 3 - 15% of monthly billing South Transit Center 02935 - 7 100% Construction Documents 4 - 20% of monthly billing 5 or more - 25% of monthly billing 2. At the point of more than five (5) deficient operations, the Contractor may be found in default of the contract and removed for no cause. 3. Damage to trees by string trimmers or mowers will be penalized at $25.00 per occurrence. If the Project Manager were notified prior to an inspection notice, the penalty would be reduced to $10.00. Any penalties would be deducted from the next monthly billing. Money withheld as a penalty from any monthly payment due the Contractor will be considered a forfeiture on the part of the Contractor and not recoverable. D. The intent of this contract is to provide a well maintained landscape with regard to the specifications. Adherence to the specifications will make it unnecessary to invoke penalties. END OF SECTION South Transit Center 02935 - 8 100% Construction Documents SECTION 03300 CAST -IN -PLACE CONCRETE PART GENERAL 1.01 WORK INCLUDED A. Furnish and install cast -in -place concrete for pad footings, foundations and stabs -on -grade for the prefabricated secure bicycle structure. All concrete work required as a part of this Section shall be furnished and installed as a subcontract to the prefabricated structure contractor. B. Furnish and place granular sub -base under slabs -on -grade. C. Furnish and install steel bar reinforcing as detailed on the Drawings or required by the prefabricated steel structure manufacturer's design. D. Finishing and application of integral surfacing as scheduled, curing and sealing of slabs. E. Furnishing and placing joint materials. F. Related work specified elsewhere: 1. Section 13122, Prefabricated Secure Bicycle Structure: Structural steel design and requirements for concrete foundation and slab -on -grade design. G. Related work specified elsewhere (by reference): 1. Section 13122, Prefabricated Secure Bicycle Structure. 1.02 QUALITY ASSURANCE A. Reference Standards: Conform to the current requirements of applicable portions of standards, codes and specifications, except where more stringent requirements are shown or specified. 1. ACI 301, "Specification for Structural Concrete for Buildings'. 2. ACI 347, "Recommended Practice for Concrete Formwork". 3. ACI 315, "Manual of Standard Practice for Detailing Reinforced Concrete Structures". 4. ACI 318, 'Building Code Requirements for Reinforcing Concrete'. 5. ACI 304, "Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete". 6. ACI 305, "Recommended Practice for Hot Weather Concreting". 7. ACI 306, "Recommended Practice for Cold Weather Concreting". 8. ASTM C94, "Standard Specification for Ready -Mixed Concrete". 9. ASTM C33, "Standard Specification for Concrete Aggregates'. 10. ASTM C150, "Standard Specification for Portland Cement". 11. ASTM C260, "Standard Specification for Air -Entraining Admixtures for Concrete". 12. ASTM C494, "Standard Specification for Chemical Admixtures for Concrete". 13. ASTM C618, "Standard Specification for Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete". 14. Applicable provisions of the codes referenced in Section 01060, or as adopted by any jurisdiction with authority over this Project. B. Contractor Quality Assurance Program: Contractor shall have in place a quality assurance program to monitor the composition of the ready -mixed concrete provided for this project. The quality assurance program shall detail: 1. Quality and types of aggregates, cement, mineral admixtures, chemical admixtures and water. 2. Batching of these materials, including properties of the batched mix(es). 3. Delivery and placement requirements for the batched mix(es). 4. Regular contractor monitoring and testing of batched materials. C. Contractor shall employ an experienced and competent foreman for all concrete work. The foreman shall be thoroughly familiar with all phases of concrete construction, including formwork. Upon request submit records of qualifications and experience of the foreman to the Architect. D. Alt concrete work which does not conform to specified requirements, including strength, tolerances and finishes, shall be corrected or removed and replaced as directed by the Archi- 03300 - 1 South Transit Center Secure Bike Shelter CD tect/Engineer, at the Contractor's expense. The Contractor shall also be responsible for the cost of corrections to any other work affected by or resulting from correction to concrete work and for any additional testing of work in place which may be required. 1.03 SUBMITTALS A. Mix Design: Submit proposed mix design(s) in accordance with ACI 301 for approval by the Architect/Engineer. Submit written design mix reports for each class of concrete at least fifteen (15) days prior to start of work. Include the following in each report: 1. Project identification. 2. Concrete class. 3. Specified properties for concrete. 4. Source of concrete aggregate and cement. 5. Cement type and brand. 6. Manufacturer and brand name of admixtures. 7. Proportions of concrete mixed per cubic yard. 8. Required strength qualification data for each property specified for design mix in accordance with ACI 301. 9. Unit weight. B. Product Data: Submit manufacturer's product data with application and installation instructions for proprietary materials and items, including reinforcement and forming accessories, admixtures, patching compounds, joint systems, color additives, sealers, hardener and finishing compounds. C. Certificates: 1. Sieve analysis of fine and coarse aggregates. 2. Certification of appropriate use for hardening and sealing products, as specified in paragraph 2.05. D. Shop Drawings: Submit shop drawings for all reinforcing steel larger than #3 bars, indicating bending and cutting, preformed corners and intersections. Comply with ACI 315 showing bar schedules, stirrup or tie spacing, diagrams of bent bars, arrangement and assemblies as required for the fabrication and placement of concrete reinforcement. E. Contractor shall retain for Owner's review, if requested, all delivery tickets for each load delivered to the site. Tickets shall show truck number, concrete strength, cement brand and type, cement content, water content (also expressed as water/cement ratio), amount of course aggregate and fine aggregate, name and amount of admixture, number of yards delivered, time of arrival at site and mixing time. 1.04 INSPECTION A. Provide free access for the Owner to locations where concrete materials are stored, proportioned or mixed. Do not place concrete until forming and reinforcing for a given pour has been approved by the Owner. B. Provide minimum 48 hours advance notice for inspection to the Owner, but ensure that forming and reinforcing are substantially complete at the time of notification. 1.05 TESTING A. Inspection and testing of concrete mix will be performed by an independent testing agent approved by the Owner. Testing fees shall be paid by the Owner. B. Provide free access to work and cooperate with the appointed firm. C. Submit proposed concrete mix design to the inspection and testing firm for review prior to commencement of work. D. Field Quality Control Testing: Perform sampling and testing for field quality control during the placement of concrete, as follows: 1. Sampling Fresh Concrete: ASTM C172, except modified for slump to comply with ASTM C94. 2. Slump: ASTM C143; one (1) test for each set of compressive strength test specimens. 03300 - 2 South Transit Center Secure Bike Shelter CD 3. Air Content: ASTM C231, pressure method, one (1) test each set of compressive test specimens, or when the indication of change requires. 4. Compression Test Specimens: ASTM C31; one (1) set of four (4) standard cylinders for each compressive strength test, unless otherwise directed. 5. Cast and store cylinders for laboratory cured test specimens and field -cured test specimens as specified in ASTM C31. E. Compressive Strength Tests: 1. ASTM C39: One (1) set for each 50 cu. yds. or fraction thereof of each mix design placed in any one day, or for each 5,000 sq. ft. of surface area placed; one (1) specimen tested at seven (7) days, two (2) specimens tested at 28 days, and one (1) specimen retained in reserve for later testing if required. 2. When the frequency of testing will provide less than three (3) strength tests for a given mix design, conduct testing from at least five (5) randomly selected batches or from each batch if fewer than three (3) are used. 3. Report test results in writing to the Owner, Architect, Structural Engineer, Contractor and ready -mix supplier on the same day that tests are made. Reports of compressive strength tests shall contain the project identification name and number, date of concrete placement, the name of contractor, name of the concrete supplier and truck number, name of the concrete testing service, concrete type and class, location of concrete batch in the structure, design compressive strength at 28 days, concrete mix proportions and materials, compressive breaking strength and type of break for both 7- day tests and 28-day tests. 4. The testing agency will make additional tests of in -place concrete when test results indicate the specified concrete strengths and characteristics have not been attained in the structure, as directed by the Architect/Engineer. The testing agency shall conduct tests to determine the strength and other characteristics of the in -place concrete by compression tests on cored cylinders complying with ASTM C42, by load testing specified in ACI 318 or other acceptable non-destructive testing methods, as directed. The Contractor shall pay for this additional testing. F. Slump Test: One (1) slump test will be taken for each set of test cylinders taken. G. Air Entrainment Test: One (1) air entrainment test will be taken for each set of test cylinders taken. H. Temperature: Test hourly when air temperature is 400 F and below, and when 80' F and above and each time a set of compression test specimens are made. 1.06 EVALUATION OF QUALITY CONTROL TESTING A. Do not use concrete delivered to the final point of placement which has slump or total air content outside the specified values. B. Compressive strength tests for laboratory -cured cylinders will be considered satisfactory if the averages of all sets of three (3) consecutive compressive strength tests results equal or exceed the 28-day design compressive strength of the type or class of concrete and no individual strength test falls below the required compressive strength by more than 500 psi. C. If the compressive strength tests fail to meet the minimum requirements specified, the concrete represented by such tests will be considered deficient in strength and subject to additional testing as herein specified or removal and replacement of the concrete which the test represents. 1.07 PRODUCT DELIVERY, STORAGE AND HANDLING A. Store cement in watertight enclosures and protect against dampness, contamination and warehouse set. B. Stockpile aggregates to prevent excessive segregation or contamination with other materials or other sizes of aggregates. Use only one (1) supply source for each aggregate stockpile. C. Store admixtures to prevent contamination, evaporation or damage. Protect liquid admixtures from freezing or harmful temperature ranges. D. Deliver reinforcement to site in strongly tied bundles with metal tags corresponding to bar schedules and diagrams. Store on the site free of rust, scale, oil or other coating. Store bars 03300 - 3 South Transit Center Secure Bike Shelter CD off the ground and protect from moisture, dirt, oil or deleterious coatings. E. If concreting is delayed for any considerable period of time after reinforcement is in place, it shall be protected by suitable covering. F. Allow a maximum of 90 minutes between the time water is added and the time the concrete is completely placed. 1.08 ENVIRONMENTAL CONDITIONS A. Environmental Requirements: Do not place concrete during rain, sleet or snow, unless adequate protection is provided. Do not allow rainwater to increase the mixing water or damage the surface finish. B. Cold Weather Concreting: 1. Refer to ACI 306, "Recommended Practice for Cold Weather Concreting'. 2. Temperature of concrete when placed shall not be less than the following: Minimum Concrete Temp. Degrees Air Temp. F Section with Least Dimension Degrees F Under 12" 12" and Over 30 to 45 60 50 0 to 30 65 55 Below 0 70 60 3. When placed, heated concrete shall not be warmer than 800 F. 4. Prior to placing concrete, all ice, snow, surface and subsurface frost shall be removed and the temperature of the surfaces to be in contact with the new concrete shall be raised above 350 F. 5. Protect the concrete from freezing during specified curing period. 6. Heated enclosures shall be strong and windproof to ensure adequate protection of corners, edges and thin sections. Do not permit heating units to locally heat or dry the concrete. Do not use combustion heaters during the first 24 hours, unless the concrete is protected from exposure to exhaust gases which contain carbon dioxide. C. Hot Weather Concreting: 1. Refer to ACI 305, 'Recommended Practice for Hot Weather Concreting". 2. Take precautions when the ambient air temperature is 90, F or above. Temperature of concrete when placed shall not exceed 850 F. 3. Cool forms and reinforcing to a maximum of 900 F by spraying with water prior to placing concrete. 4. Do not use cement that has reached a temperature of 2700 F or more. 5. Do not place concrete when the evaporation rate (actual or anticipated) equals or exceeds 0.20 pounds per sq. ft. per hour. 6. Approved set -retarding and water -reducing admixtures may be used with the Archi- tect/Engineer's approval when ambient air temperature is 901 F or above to offset the accelerating effects of high temperatures. 1.09 WARRANTIES A. Provide Installer's written warranty covering defects in materials and workmanship, and subgrade failure for a period of one (1) year from final acceptance. Owner's Representative shall determine needs for repairs or replacement, and his/her decision shall be final and obligatory upon the Contractor. PART PRODUCTS 2.01 CONCRETE MATERIALS A. Portland Cement: ASTM C150, Type II. Use only one (1) brand of cement in any individual 03300 - 4 South Transit Center Secure Bike Shelter CD structure. B. Fine Aggregate: Clean, sharp, natural sand conforming to ASTM C33. C. Coarse Aggregate for Normal Weight Concrete: Clean, strong crushed gravel or stone conforming to ASTM C33. Gradation shall be as specified under concrete mixes. D. Water: Clean, fresh potable supply, free from oil, acid, alkali, organic materials or other deleterious substances. E. Admixtures: Use only when specified or approved by the Owner. 1. Air -Entraining Agent: ASTM C260, manufactured by Master Builders MBVR, Sika AER, Grace Darex AEA, Protex, or equal. 2. Non -Chloride Accelerator: ASTM C494, Type C or E. 3. Retarder: ASTM C494, Type B or D. 4. Water Reducer: ASTM C494, Type A, manufactured by Master Builders Pozzo-Lith, Grace WRDA, Protex PDA 25XL, Sika Plastocrete, or equal. 5. Fly Ash: ASTM C618, Class C or F. 6. Calcium chloride or admixtures containing calcium chloride are specifically prohibited. 7. Color Additive: None. 8. Fiber Reinforcing: Polypropylene fiber reinforcing, specified in Section 03200. 2.02 FORMWORK FOR CONCRETE A. Exposed Concrete: Construct all formwork for exposed concrete surfaces with prefabricated sections of metal-framed/plywood-faced, metal or plastic panel -type materials to provide continuous, straight, smooth, solid exposed surfaces. Furnish in largest practicable sizes to minimize number of joints. Do not use any forms having defects on contact surfaces. 1. Plywood forms will only be acceptable upon specific approval of the Architect, and then only after visual inspection on the job site. 2. Plywood for facing of metal framed formwork shall be sufficiently thick to withstand pressure of wet concrete without bow or deflection but shall not be less than 5/8" thick, complying with U.S. Product Standard PS-1, "B-B High Density Overlaid Concrete Form, Class 1 ", or "B-B Exterior Type DFPA Plyform, Class 1 ". B. Unexposed Concrete: Form concrete for pad footings and other unexposed locations with plywood, boards, metal or other acceptable material. Provide lumber that is dressed on at least two (2) edges and one (1) side for a tight fit. 1. Earthen or trenched forms shall not be used for vertical formwork. 2.03 CONCRETE REINFORCING MATERIALS A. Bars: ASTM A615 or ASTM A706, 60 KSI, deformed billet steel bars, plain finish, as indicated on the Drawings. Bars shall be free of scale or other bond -reducing coatings. B. Ties, Stirrups and Field Bent Bars: #3 or smaller, may be ASTM A615, 40 KSI. C. Welded Wire Fabric: ASTM A185 or A497, plain type in flat sheets, plain finish, welded intersections, in sizes as indicated on the Drawings. Use of coiled rolls shall only be permitted when approved by the Structural Engineer. D. Fiber Reinforcing: Collated, fibrillated polypropylene fiber, Fiber Mesh I, Fiber Mesh, Inc., Chattanooga, TN, or equal. 2.04 CONCRETE BONDING AGENTS A. Provide an aqueous phase, film forming, freeze -thaw resistant compound suitable for brush or spray application, complying with Military Specification MIL-B-19235. 1. Chem Master Polyweld, Grace Daraweld-PBA, Larson Weldcrete, Euclid Eucoweld, Protex Proweld-D, or equal. B. Provide a two -component all-purpose epoxy bonding agent for structural repair or corrections. 1. Protex Probond ET-150, Sika Colma-Dur, or equal. 2.05 JOINT FILLERS AND ACCESSORY MATERIALS A. Premolded Joint Fillers: In joints caulked or sealed with silicone or thiokol-based compound, 03300 - 5 South Transit Center Secure Bike Shelter CD filler shall be non -bituminous, non -extruding, conforming to ASTM D1752. In all other joints, filler shall be bituminous type conforming to ASTM D1751. Filler shall be 1 /2" thick, unless otherwise indicated. 1. Non -Bituminous Filler: Sonoflex F by Sonneborne or equal. B. Bond Breaker: Where shown on the Drawings or required by the work, provide minimum two (2) layers 15-1b. non -bituminous felt bond breaker. C. Column Isolation Joints: Joints around columns may be formed with minimum 30# non - bituminous building felt left in place with neatly trimmed top edge or approved joint filler material. D. Keyways: Provide nominal 1-1/2" deep formed keyways in all construction "cold" joints in cast - in -place concrete walls, slabs and joints between walls and slabs, as shown on the Drawings. E. Release Agent: Provide commercial formulated synthetic resin or oil -type form coating compounds that will not bond with or adversely affect concrete surfaces and will not impair subsequent finish treatment of surfaces, manufactured by Protex Pro -Coat, Euclid Eucoslip, J Et P Tex -Mastic or approved equal. 1. Contractor shall ensure that release agent is compatible with the finish requirements of concrete to be exposed to view. 2.06 CONCRETE CURING MATERIALS A. Provide moisture -retaining cover of waterproof sheet materials complying with ASTM C171, Type I or Type II, polyethylene sheeting complying with AASHO M-171, polyethylene coated burlap. - or, at Contractor's option - A. Provide membrane -forming curing compound conforming to ASTM C309, Type I, specified below. Where used, curing compound must be compatible with applied finishes. 2.07 HARDENING, SEALING AND FINISH MATERIALS A. General: Apply all hardening, sealing and finishing treatments in accordance with manufacturer's recommendations. Refer to the schedule below for applications. Supplier/Installer of slab finish materials shall certify that materials specified and/or furnished for this project are appropriate for use in the specified applications, for the following criteria: 1. Compatibility of finish material with concrete mix specified. 2. Compatibility of finish material with type and degree of weather exposure. 3. Compatibility of finish material with expected use of space. 4. Compatibility of finish material with expected exposure to chemical, acid, oil, fat or other deleterious material. B. Liquid Acrylic -Based Curing, Sealing and Dustproofing: Kure-N-Seal by Sonneborne or equal. VOC not to exceed 350 g/L. C. Liquid Chemical Hardener: Lapidolith by Sonneborne or equal. VOC not to exceed 350 g/L. 1. Color: White or gray, as scheduled. D. Approved Manufacturers: 1. Sonneborn Building Products, Minneapolis, MN, (612) 835-3434. 2. Thoro System Products, Miami, FL, and represented locally by The Rio Grande Co., Denver, CO, (303) 825-2211. 3. L. M. Scofield Company, Los Angeles, CA, (800) 800-9900, represented locally by Conrep West, Englewood, CO, (303) 740-7787. 4. Manufacturers providing materials of same function, quality, appearance and performance are acceptable, except as limited above. 2.09 UNDER -SLAB MATERIALS A. Granular Sub -Base: 3/8" to 3/4" angular gravel or crushed rock, extent and thickness as shown on the Drawings or as required by the Soils Report. B. Vapor Barrier: Refer to Section 07190. 03300 - 6 South Transit Center Secure Bike Shelter CD 2.10 FABRICATION OF REINFORCING A. Shop fabricate reinforcing bars to conform to the required shapes and dimensions with fabrication tolerance complying with ACI 315. Cold bend bars in a manner which will not injure material. B. Straightening or rebending at site will not be permitted unless using ASTM A706, 60 KSI reinforcing. C. Where reinforcing bars are shown field welded to structural steel, bars shall be furnished by rebar supplier and welded in place by structural steel erector. Reinforcing bars shown as shop welded to a steel fabricated assembly shall be furnished and welded in place by the structural steel fabricator. PART 3 EXECUTION 3.01 PREPARATION AND COORDINATION A. Notify any trades that may have items to be recessed or embedded in concrete, or that may require openings in concrete, of placing schedule. Coordinate work to avoid cutting of concrete and to avoid delays in the work. This work may include, but is not limited to: 1. Prefabricated steel bicycle structure. 2. Bicycle racks. 3. Electrical work. B. Surfaces shall be true to line and grade and free from loose earth, frost, ice, mud and standing or running water. Protect bottom of excavation against freezing. Do not deposit concrete against frozen ground. C. Make all preparations required for protection of concrete during placing and curing under detrimental weather conditions. D. Notify the Owner at least 48 hours prior to placing of any concrete. Do not deposit any concrete before the Owner has observed reinforcement and other work in place and given permission to proceed. Such inspection and permission to proceed shall in no way relieve the Contractor of full responsibility for proper placement of reinforcement and placing of concrete and of responsibility for adherence to other requirements of the Construction Documents. E. Form and install concrete work in accordance with ACI 301, except as amended by this Section. Concrete formwork shall be as specified in Section 03100. F. Prepare site and compact existing fill materials in accordance with the requirements of the Soils Investigation Report and Section 02225. If the foundation structure design shown on the Drawings and/or specified will not strictly conform to this requirement, advise the Owner before proceeding with work of this Section. G. Ensure that form inserts for all exposed edges and corners requiring chamfers are properly placed, as specified in Section 03100. 3.02 DESIGN MIXES A. Structural and Architectural Concrete: Concrete mix(es) shall be as designed by the prefabricated steel structure manufacturer and approved by the Owner. B. Concrete which does not meet the minimum requirements for strength at 28 days shall be reviewed and is subject to removal at the option of the Owner. C. Proportion normal weight concrete in accordance with ACI 211.1. Concrete for all parts of the work shall be of the specified quality, capable of being placed without excessive segregation and, when hardened, of developing all characteristics required by these Specifications and the Contract Documents. Proportion ingredients to produce a mixture which will work readily into the corners and angles of the forms and around reinforcements by the methods of placing and consolidation employed on the work. D. Design mixes shall be made and reported by an approved testing laboratory for each class of concrete, at the Contractor's expense. 03300 - 7 South Transit Center Secure Bike Shelter CD OF ATTORNEY IS �rA► POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 226270 Certificate No. 005602606 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Robert L. Cohen, Sheryll Shaw, Sarah Finn, Nicole L. McCollam, Robert J. Reiter, Sue Wood, Bradley J. Jeffress, Kristen L. McCormick, Michael Lischer Jr., Philip J. Monasch, and Jessica Talbot of the City of Denver , State of Colorado , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of August 2013 16th Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company pASUq�T �TYWn. !� yFtRE 64 �RN..tRSp P{lHsvq �t�r qpo '""sis Ott Y,V,O 19%% �' • :'^ Z � _._ ; n 5 a tiAHIFOaD, .c J tWttrOFID, 'S ` i! 4"q,, • i � 1951 � �� seat. o" �t W coca. � 3 oorR�a �, tsssa° Q b y � ,,�+ � �� ? i s4�'w"cE co a. fs •A��L : d� >r ,,D� aye ....+�.�1� ./ State of Connecticut City of Hartford ss. By: d1_4 /,, Robert L. Raney, enior Vice President On this the 16th day of August 2013 Y , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TiET In Witness Whereof, I hereunto set my hand and official seal. * A My Commission expires the 30th day of June, 2016. * pi/BI�G y} r `1'1' CT'GS Nlarie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. E. Design mixes shall contain all admixtures required by these specifications and/or proposed by the Contractor to be used in concrete. F. Proportion concrete design mixes so that compressive strength of laboratory -cured cylinders will be at least 15% greater than minimum specified strength. Refer to paragraph 1.05 for testing requirements. G. In lieu of designing new mixes for this project, existing mix designs meeting all requirements specified for each concrete mix and used successfully on previous projects under conditions similar to those anticipated on this project may be used, providing the following are submitted for the Owner's approval for each class of concrete: 1. Reports of concrete mix design and test results. 2. Reports of sufficient consecutive sets of 7- and 28-day concrete strength test made during the last six (6) months and the calculations of standard deviation for these tests. 3. Reports of compliance tests of fine and coarse aggregates made during the last six (6) months. 4. Mix submittals and required statistical strengths shall be in accordance with ACI 301. 3.03 PLACING REINFORCING STEEL A. Prior to placing into position, thoroughly clean reinforcement of mill and excessive rust, scale, dust, mud, oil, ice and all other deleterious coating which may destroy or reduce bond. B. All reinforcing shall be placed in accordance with the approved shop drawings and the "Manual of Standard Practice for Detailing Reinforced Concrete Structures", ACI 315, ACI 301 and ACI 318. C. Accurately place and support reinforcing steel with chairs, bar supports, spacers or hangers as recommended by ACI detailing manual except in slab -on -grade work. Support bars in slabs -on - grade and footings with approved accessories. D. Place reinforcing bars to a tolerance of +/- 1 /4", except that minimum spacings between bars shall be to a tolerance of +/- 1 /4". Bars may be moved as necessary to avoid interference with other reinforcing steel, conduit or embedded items. The Owner's approval must be obtained prior to moving bars under these circumstances. E. Securely anchor and tie reinforcing bars and dowels prior to placing concrete. F. Place reinforcement to obtain at least the minimum coverage for concrete protection shown on the Drawings and specified. Do not place reinforcement with additional concrete cover unless expressly approved by the Owner. G. Install anchor bolts or dowels before any concrete is placed. Locate anchor bolts accurately with aid of template before concrete starts to set. H. Steel reinforcing bars shall run continuous through cold joints. 3.04 PLACING WELDED WIRE FABRIC IF USED A. Welded wire fabric shall be placed 2" below slab surface or as indicated on the Drawings and shall not be permitted to be placed on subgrade prior to concrete placement and hooked into position. Reinforcement shall be fully supported at required elevation prior to concrete placement. Use continuous chairs or support bars in structural slabs to maintain proper locations as shown on the Drawings. B. Install welded wire fabric using full sheets as large as possible. Lap adjoining pieces as specified herein. Offset end laps in adjacent widths to prevent continuous laps in either direction. 3.05 PLACING FIBER REINFORCING A. Place fiber reinforcing in accordance with manufacturer's written instructions and recommendations. 1. 5.0 lbs. per cu. yd., unless otherwise recommended by manufacturer. 3.06 CONCRETE BATCHING AND MIXING A. Ready -mixed batch plant equipment and facilities must comply with the requirements of ACI 03300 - 8 South Transit Center Secure Bike Shelter CD 614 and ASTM C94. The plant must have sufficient capacity to produce and deliver concrete of specified qualities in quantities required to meet the construction schedule. B. Site -mixed concrete will not be permitted. Measure, mix and deliver concrete in accordance with ASTM C94, except as specified herein. C. All concrete not placed within 90 minutes of initial contact of cement and water shall be rejected. D. Indiscriminate addition of water to increase slump is prohibited. Obtain the Owner's approval for any addition of water. Do not exceed the maximum permissible water/cement ratio or maximum slump under any circumstances. 3.07 PREPARATION OF INSERTS, EMBEDDED ITEMS AND OPENINGS A. Provide formed openings where required for conduits, sleeves and other work to be embedded in and passing through concrete. B. Coordinate work of other Sections and cooperate with trades involved in forming and setting openings, slots, recesses, chases, sleeves, bolts, anchors and other inserts. C. Accurately position and securely fasten all anchor bolts, conduit, sleeves, and other materials to be embedded in the concrete. "Wet -stabbing" of anchor bolts is not allowed. D. Install conduits between reinforcing steel in slabs with reinforcing in both faces and below reinforcing in slabs with only one (1) layer of reinforcing steel. E. Embedments shall be clean when installed. Remove concrete spatter from all surfaces not in contact with concrete. 3.08 PLACING UNDER -SLAB MATERIALS A. Granular Sub -Base: Place a minimum of 4" (200mm) of gravel over compacted sub -base, level and compact thoroughly, unless otherwise shown on the Drawings. 3.09 PLACING CONCRETE A. Transit -mixed concrete shall be truck -mixed in accordance with "Specification for Ready -Mixed Concrete", ASTM C94-67. B. Concrete shall have a temperature of 700 F +/- 200 F at the time of placing, unless prior permission has been granted in writing by the Architect/Engineer to exceed these tolerances. C. Transport the concrete from mixer to final position as rapidly as practical without segregation, contamination or loss of material. Maximum not -to -exceed from introduction of water to placement of concrete is 90 minutes. Place concrete in forms with drop chutes, baffles or other methods which will prevent segregation. Comply with the requirements of ACI 614. 1. Contractor shall assess the placement requirements of the site, construction staging and other factors, and provide concrete pumping equipment for concrete placement as may be necessary, at no additional cost to the Owner. D. Concrete foundation structures shall be placed on undisturbed, clean surfaces free from frost, ice, mud, standing or running water. E. Ensure that hardened concrete, wood chips, shavings and other debris have been removed from the interior of the forms and all hardened concrete and foreign materials have been removed from the inner surfaces of the mixing and conveying equipment. Forms shall be wetted, oiled or treated with an approved form -coating material prior to placing concrete. Reinforcement shall be cleaned, secured in position, inspected and approved by the Architect/Engineer before starting the pouring of concrete. F. Concrete shall be deposited in the forms as nearly as practical in its final position so as to avoid rehandling. Special care shall be exercised to prevent splashing the forms or reinforcement with concrete in advance of pouring. G. Immediately after depositing, the concrete shall be compacted to force out all air pockets, working the mixture into corners, around reinforcement and inserts to prevent the formation of voids. Consolidate concrete by vibration, spading or rodding. Do not over -vibrate or use vibrators to transport concrete. Insert and withdraw vibrators vertically at uniformly spaced locations not farther apart than the visible effectiveness of the machine. Do not insert vibrators into lower layers of concrete that have begun to set. 03300 - 9 South Transit Center Secure Bike Shelter CD 3.10 FINISHING FORMED SURFACES A. Complete finishing operation within 24 hours after stripping forms. Patch repairable defective areas immediately after form removal. B. Subgrade Surfaces: Rough form finish is acceptable on all subgrade surfaces, except as indicated otherwise. Patch all defective areas. C. Exposed Surfaces: Provide smooth rubbed finish on any formed surfaces exposed to view, including but not limited to the following: 1. Slab edges exceeding 6" high. D. Strip forms while concrete is still green and steel trowel surfaces to a dense, hard finish with corners, intersections and terminations chamfered 1 /2" and smooth. 1. Repair and patch all tie holes and defects with mortar. Remove all fins and projections. 2. Strike chamfered edges and corners of exposed concrete clean, straight and true to line. E. Honeycombing or spillage through forms shall be repaired or replaced as specified below in this section. 3.11 INSTALLATION OF JOINTS A. General: Locate and install construction joints which are not shown on the Drawings so as not to impair the strength and appearance of the structure. B. Pour floor slabs in pattern indicated on the Drawings. Form control joints and place expansion joints as indicated on the Drawings, but in no case exceed the following requirements: 1. Control joints shall be spaced at 15'-0" maximum intervals each way so as not to encompass an area to exceed 225 sq. ft., or other spacing and pattern(s) as shown on the Drawings, or as required by the Soils Report. 2. Place control joints at internal corners, columns or other points of natural weakness. C. Before depositing new concrete, remove all laitance and loose aggregates immediately before placing fresh concrete. Dampen but do not saturate the joint surface. At slabs and beams, apply a neat cement grout. D. Expansion or Isolation Joints: Where expansion joints are indicated on the Drawings, place filler strips to within 1 /2" of finished surface. Joint recess shall be formed with a separate removable filler section to provide a clean, true recess to receive sealant. E. Construction and Control Joints: Control joints shall be formed or saw cut. Keyed construction joints shall be formed with prefabricated joint materials and shall adhere to the control joint pattern shown. F. Column Isolation Joints: Joints around columns may be formed with minimum 30# non - bituminous building felt left in place with neatly trimmed top edge or approved joint filler material. 3.12 FINISHING FLATWORK A. General: Verify all flatwork finishes with the Architect in the field prior to proceeding with this work. B. Float Finish: Apply float finish to monolithic slab surfaces that are to receive broom finish and other finishes as hereinafter specified. After screeding and consolidating concrete slabs, do not work surface until ready for floating. Begin floating when surface water has disappeared or when concrete has stiffened sufficiently to permit operation of power -driven floats, or both. Consolidate surface with power -driven floats or by hand -floating if area is small or inaccessible to power units. Check and level surface plane to required tolerance. Cut down high spots and fill low spots. Uniformly slope surfaces to drains. Immediately after leveling, refloat surface to a uniform, smooth, granular texture. C. Non -Slip Broom Finish: After completion of floated finish, draw a broom or a burlap belt transversely across the surface perpendicular to the main traffic route. Use broom finish after floating for surfaces to receive topping or cementitious finishes. Coordinate final texture with the Owner prior to application. 03300 - 10 South Transit Center Secure Bike Shelter CD 3.13 TOLERANCES A. Maintain the following tolerances for all cast -in -place concrete work. Defective work shall be removed and replaced at the Contractor's expense. 1. Variation from Plumb: a. 0-10': 1 /4" maximum. b. 20' or more: 3/8" maximum. 2. Variation in Thickness: 1 /4" to 1 /2" standard, 5% for footings. 3. Variation in Grade: a. 0-10': 1 /4" standard, 1 /8" for floor slabs. b. 10-20': 3/8" standard, 1 /4" for floor slabs. C. 40' or more: 3/4" standard, 3/8" for floor slabs. 4. Variation in Plan: a. 0-20': 1 /2". b. 40' or more: 3/4" standard, +1 /2" for footings. 5. Variation in Eccentricity: 2% for footings. B. Slab Tolerances: 1 /4" in 10' maximum. 3.14 CURING AND PROTECTION A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. B. Start curing immediately after finishing. Cure for at least seven (7) days, not necessarily consecutive, during which air temperature surrounding concrete is above 500 F. Wood forms shall be kept wet. If forms are removed during curing period, an approved curing method must be started immediately. C. Cure slabs by approved moisture -retaining coverings, lapped and sealed, and kept continuously wet. Approved curing compounds may be used if compatible with specified finishes. Specific approval is required from the Owner. Curing compounds shall be applied in accordance with manufacturer's recommendations. D. Contractor shall be responsible for protection of freshly placed concrete from vandalism, accidental damage by workmen or equipment, or damage resulting from subgrade settlement or subsequent construction traffic. Take adequate precautions to restrict traffic in the area of fresh concrete during the curing period. Damaged concrete shall be repaired or replaced by the Contractor at the Owner's discretion. E. Comply with the requirements of ACI 305 when hot weather conditions exist. Temperature of concrete when placed shall be less than 900 F. When necessary to prevent premature drying, arrangements for installation of windbreaks, shading, fog spraying, sprinkling, ponding or a wet covering of light color shall be made in advance of placement, and such protective measures shall be taken as quickly as concrete hardening and finishing operations will allow. F. Comply with the requirements of ACI 306 when cold weather conditions exist. When atmospheric temperature is 400 F and below, maintain concrete temperature at not less than 500 F for at least six (6) days. When necessary, make arrangements before concrete placing for heating, covering insulation or housing as required to maintain specified temperature and moisture conditions without injury due to concentration of heat. G. Maintain protective cover on concrete so that changes in temperatures of concrete shall be as uniform as possible and shall not exceed 5° F in any one (1) hour or 500 F in any 24-hour period. 3.15 SEALING AND FINISH APPLICATIONS A. General: Follow the manufacturer's printed instructions for applying materials. B. Schedule of Exterior Hardening and Sealing Materials: Furnish and apply concrete curing, sealing and hardening products for exterior concrete in accordance with the following schedule: 1. Exterior Slabs -on -Grade Damp cure and Lapidolith, white pigment. 03300 - 11 South Transit Center Secure Bike Shelter CD C. Application Process: Apply curing, hardening and sealing products in strict accordance with the manufacturer's written instructions and recommendations. D. Apply materials only after concrete surfaces are completely cured and dry. Follow the manufacturer's recommended application instructions. Remove surplus hardener after final application has dried. 3.16 DEFECTIVE CONCRETE A. Remove and replace defective concrete not conforming to required line, detail and elevation as directed by the Owner. B. Repair or replace concrete not properly placed resulting in excessive honeycombing and other defects. C. Concrete damaged after placement shall be repaired or replaced by the Contractor at the Owner's discretion. 3.17 PATCHING AND POINTING A. Patch and point all vertical and horizontal formed concrete surfaces where exposed to view, as defined herein. B. Fill holes and openings left in concrete structures for passage of work by other trades, unless otherwise shown or directed, after such work is in place. C. Mix, place and cure concrete to blend with in -place construction. D. Provide other miscellaneous concrete filling shown or required to complete the work. 3.18 FIELD QUALITY CONTROL A. Exposed cast -in -place concrete work shall be subject to evaluation to the satisfaction of the Architect, including but not limited to, the following characteristics: 1. Slab finishes. 2. Tolerances. 3. Joint materials and placement. 4. Accuracy of placement, alignment and flushness of surfaces. PART 4 SCHEDULES 4.01 EXTERIOR FLATWORK FINISHES A. Bike Shelter Slab -on -Grade: Medium broom finish. END OF SECTION 03300 - 12 South Transit Center Secure Bike Shelter CD SECTION 13122 PREFABRICATED SECURE BICYCLE STRUCTURE PART GENERAL 1.01 WORK INCLUDED A. Design/engineer, furnish and erect pre-engineered steel building systems for an open shelter - type building for use as a secure bike shelter building, "turn key" fabrication and installation, including the following components: 1. Prefinished tubular structural steel frame. 2. Concrete pad footings and slab -on -grade. 3. Prefinished standing seam metal roofing system. 4. Wire mesh wall enclosure panels. 5. Prefinished sheet steel wind screen panels, where shown on the Drawings. 6. Prefinished sheet steel louvered infiR panels. 7. Outswinging tubular steel framed gate with wire mesh panels and hardware. 8. Prefabricated, prefinished bicycle racks. B. Related work specified elsewhere: 1. Section 03300, Cast -in -Place Concrete. C. Related work specified elsewhere (by reference): 1. Front end contract documents. 2. Electrical: Power, lighting and data devices, fixtures, wiring and conduit. 1.02 RELATED WORK FURNISHED AND INSTALLED BY GENERAL CONTRACTOR A. Grading, landscaping and site irrigation improvements, and crusher fines paths shall be furnished and installed by General Contractor. B. Panic set and specialty access control gate hardware shall be furnished and installed by General Contractor. C. Security camera system, equipment and wiring by others. D. Electrical lighting and power devices, light fixtures, conduit, power and data wiring shall be furnished and installed by General Contractor. E. Signage and graphics panels shall be designed, furnished and installed by others. 1.03 QUALITY ASSURANCE A. Reference Standards: Conform to the current requirements of applicable portions of standards, codes and specifications, except where more stringent requirements are shown or specified. 1. ASTM A653: Standard Specification for Sheet Steel, Zinc -Coated (Galvanized) or Zinc - Iron Alloy -Coated (Galvannealed) by the Hot -Dip Process. 2. ASTM B221: Aluminum alloy extruded bars, rods, wire, shapes and tubes. 3. AISC Specification of the Design, Fabrication and Erection of Structural Steel for Buildings. 4. AWS Structural Welding Code. 5. AISI Specifications for Design of Cold -Formed Steel Structural Members. 6. Applicable provisions of the codes as adopted by any jurisdiction with authority over this Project. B. Manufacturer: Company specializing in design and construction of pre-engineered buildings of the specific type specified. Manufacturer shall ensure the compatibility of all components, gates, hardware, accessories and trims that are part of the fabrication of the building system and the overall quality and reliability of the structure. 1. Manufacturer shall be in compliance with requirements of the Buy America program. Refer to the front end contract documents. 2. Manufacturer shall be certified by the American Institute of Steel Construction (AISC). 13122 - 1 South Transit Center Secure Bike Shelter CD 3. Manufacturer will provide a field quality control/technical representative for periodic on -site inspection of the erection. Manufacturer shall ensure that the installation is complete and meets the factory quality control requirements of the manufacturer and as specified in this Section. C. Source Control: All building components shall be fabricated and furnished by a single manufacturer. D. Erector: Company specializing in erection of pre-engineered buildings. 1. Erector: Manufacturer -approved. 2. Experience: Erector shall have continuously erected pre-engineered buildings of similar size and complexity in the state of Colorado for five (5) years and shall have built at least one (1) building of the manufacturer proposed in the last five (5) years. E. Welding Qualification: Welding shall be performed only by welders or welding operators currently certified in accordance with the AWS Code to perform the type of welding involved. 1. All welders shall have evidence of current certification. 1.03 SYSTEM DESCRIPTION A. Design/Build: Design, furnish and erect complete pre-engineered steel building systems, including but not limited to: 1. Tubular steel structural systems in the configuration, bay spacing and spans shown on the Drawings. 2. Prefinished roof system, with coordinated prefinished edge, eave and ridge closures. 3. Prefinished wire mesh panels and louvered panels in configurations shown on the Drawings. 4. Exterior outswinging gate. 5. Closure trims, fasteners, sealants, closure angles and all other required trims, accessories and components related to the building systems. 6. Anchor bolt templates and all other materials to be set in concrete. 7. Cast -in -place concrete pad footings and slab -on -grade. B. Performance Requirements: This Section includes performance -type specifications, which along with the Drawings, establish minimum requirements for the building. C. Foundation Design: The manufacturer shall be responsible for the final design based upon Manufacturer -furnished final loads. The foundation design shall be submitted to the Architect/Engineer for review as part of the shop drawing submittal, as specified in paragraph 1.04. No modifications to the proposed building configuration, column plan locations or positions of braced bays will be allowed. D. Structural Requirements: Design and construct structural system to comply with: 1. Dead Loads: Actual materials, including partitions. 2. Ground Snow Load: 30 psf. Snow load reductions, if allowed by the International Building Code, are permitted as approved by the building official. 3. Horizontal Wind Load: 100 mph wind loading, Exposure B, IBC current edition. 4. Roofing Panels and Attachments: UL Class 90 minimum. 1KQL 111:i►VA1M1FAV A. Product Data: Submit manufacturer's written product literature and specifications showing compliance with requirements of this Section. B. Shop Drawings and Product Data: 1. Drawings, specifications and product data for all components and parts of structural walls and roof framing system, anchor bolt layout, gates, specified standing seam roof panels, wire mesh, wind screen and louver panels, sample warranty, finishes, and all other trims and accessories. Include specification for finish of structural frame and roof and wall panels. 2. Clearly mark all components and parts. 3. Include erection drawings for identification and assembly of parts. 4. Drawings shall bear the seal of a registered Colorado Professional Engineer. C. Samples: Submit material color samples of manufacturer's full powder -coat color line for selection by the Architect. 13122 - 2 South Transit Center Secure Bike Shelter CD D. Building Design Calculations: Submit four (4) copies of design calculations originally signed and sealed by a registered Colorado Professional Engineer for the structural framing and covering panels of the metal building system, including wall columns and frames, roof purlins, sidewall girts, wall infill panels, base plates and anchor bolts. Anchor bolts shall be designed for their capacity in concrete foundation. Such design calculations shall be by computer program, including a comprehensive description of the program analysis used. E. Design Load Combinations (for current IBC): 1. Dead Load + Snow Load. 2. Dead Load + Wind Load. 3. Dead Load + Wind Load + 1 /2 Snow Load. Apply Wind Loads in accordance with current UBC. 4. Dead Load + 1 /2 Wind Load + 1 /2 Snow Load. F. Deflection Limitations: 1. Vertical (total load): L/180. 2. Horizontal (drift): 0.005 x story height or 0.0033 x masonry height. 3. Deflections of individual components shall not exceed L/180 under total load or wind load conditions. G. Foundation Design: The manufacturer shall be responsible for the final design based upon Manufacturer -furnished final loads. The foundation design shall be submitted to the Architect/Engineer for review as part of the shop drawing submittal, as specified in paragraph 1.04. No modifications to the proposed building configuration, column plan locations or positions of braced bays will be allowed. Submit four (4) copies of foundation calculations and CAD -generated drawings made necessary to accommodate the lateral building forces, signed and sealed by a registered Colorado Professional Engineer for review. Additional construction required by Manufacturer -proposed revisions in the foundation design shall be completed by the Contractor at no additional cost to the Owner. H. Building Permit: Prepare and submit drawings, calculations, specifications and other information as may be required to secure a building permit from the local building authority. I. Provide layout and product data for bicycle racks. 1.05 DELIVERY, STORAGE AND HANDLING A. Tubular Steel Columns, Frames, Grits, Purlins and Other Structural Frame Components: Inspect all structural components upon delivery, and verify compliance with approved erection drawings. 1. Store structural components above ground on skids or other supports. 2. Protect prefinished steel surfaces from scratching or other damage. B. Wall, Roof and Louver Panels: Individually wrap in shop to protect powder -coated and/or prefinished finishes. Inspect panels upon delivery to site and replace any damaged panels. 1. Store panels at site above ground on platforms, skids or other supports with one end elevated for drainage. 2. Cover panels with waterproof covering until installation. C. Gates and Other Prefabricated Components: Store upright at site in manufacturer's original, unbroken cartons until installation. D. Wedge Anchors and Other Anchorages: Deliver to site in manufacturer's unbroken cartons. 1.06 ENVIRONMENTAL CONDITIONS A. Erection: Roof panels shall not be installed during sustained winds of higher than 30 mph. 1.07 WARRANTIES A. Building Warranty: Provide manufacturer's written one-year warranty covering defects in materials, workmanship and erection for the building. B. Roof Finish Warranty: Provide extended 20-year warranty for horizontal roof panels. Paint film will not: 1. Chalk in excess of ASTM D659 No. 8 rating. 2. Fade more than 5 NBS units. 13122 - 3 South Transit Center Secure Bike Shelter CD 3. Crack, check, blister, peel, flake, chip or lose adhesion. C. Bicycle Racks: Provide manufacturer's written one-year warranty covering defects in materials and workmanship, including operational assemblies. PART PRODUCTS 2.01 PREFABRICATED STEEL STRUCTURES A. Prefabricated Secure Bicycle Structure: The building, including all prefabricated structural components, wall and roof panels, anchorages, trims and accessories shown on the Drawings, has been designed around the following systems: 2. Dero Cycle Station by Dero, Minneapolis, MN, (888) 337-6729, as the basis of design. B. Manufacturers providing building systems of the same design, function, appearance, quality and performance, and providing all specified components, accessories and trims, are acceptable upon approval. Provide specifications with bid as outlined in paragraph 1.05.A. above. All systems shall be based upon the specified systems and components, and therefore, contract award shall impose an obligation upon the Contractor to furnish the specified equipment. Alternate manufacturers accepted by the Architect prior to bid date shall not relieve the manufacturers of an obligation to, at their own expense, make changes in the foundation, etc. as necessary to accommodate the alternate systems. 1. All prefabricated steel building companies must offer prefinished colors for roof and structural frame to match, in the opinion of the Architect, those colors selected as a part of this Section. 2. Manufacturer shall be responsible for any redesign of the foundation system as required for their building system, in accordance with paragraph 1.04.C. above. C. Building Size: 18'-1" wide x 26'-6" long. D. Eave Height: 1 V-0" minimum clear at structural frame. E. Manufacturer shall provide for thermal expansion and contraction of the building structural frames, roof and wall panels and between new and existing structures in the system's design and engineering, appropriate to the climatic conditions of the site. F. Finishes: All structural components, wall panels and trims shall be furnished with manufacturer's standard high -quality powder -coated finish, meeting the following requirements: 1. Primer: All components prepared for finishing with hard sandblasting. Prime with electrostatically -applied epoxy primer. 2. Finish: TGIC, UV -resistant polyester powder coat, 6 mil thick minimum. 3. Color(s): To be selected by the Owner and Architect from manufacturer's full line of powder -coated colors. Design intent is to match colors of the South Transit Center building and platform shelters. 4. Roof Finish: Specified in paragraph 2.03 below. 2.02 STRUCTURAL SYSTEM A. Structural Tubular Steel Columns: Manufacturer's standard tubular steel columns, conforming with ASTM A500, Grade B, 46 ksi, fully -welded construction. 1. Columns: 4" x 4" x 3/16", or as proposed by the manufacturer. 2. Wall Girts: 2" x 2" x 1 /8". 3. Roof Trusses: 4" x 3" x 3/16". 4. Roof Purlins: 3" x 3" x 1 /8". 5. Tubular Steel Frames for Wall Panels: Specified in paragraph 2.04 below. B. Column Base Plates: 1 /2" thick minimum x sizes required by manufacturer's engineering design. C. Anchorages: Manufacturer's standard wedge anchors and/or cast -in anchor bolts, as required by the manufacturer's engineering design. 13122 -4 South Transit Center Secure Bike Shelter CD 2.03 STANDING SEAM METAL ROOF SYSTEM A. Standing Seam Roof Panels: Prefinished standing seam metal roofing system to match the South Transit Center building and platform shelters, Sheffield "Terra Cotta". No substitutions. System shall include all ridge standing seams, trims and accessories necessary for a complete and weathertight installation. 1. Materials: 24-gage minimum galvanized steel or .032" aluminum alloy, 3004 coil stock. a. Texture: Manufacturer's standard smooth panels. 2. Pan Width: 24" maximum. 3. Standing Seam Height: 3" maximum. 4. Pan Length: Manufacturer's standard. Pans shall be installed in continuous lengths without horizontal seams where building configuration allows. Any deviation from this policy shall be approved by the Architect prior to fabrication. 5. Fabrication: Roll -form manufacturer's prefinished coil stock to produce finished, exposed pan width as specified above. Panelization of roofing shall be as shown on the Drawings, unless otherwise approved. 6. Fasteners: All fasteners shall be aluminum, steel or the same material as the prefinished roofing and shall be concealed, except as shown on the Drawings. a. Staples: Standard epoxy -coated steel. b. Cleats: 30-gage stainless steel, fabricated to be interlockable with sheet. 7. Trims: Eave, rake, corner and other prefinished closure trims shall be finished by the manufacturer to match the specified roof and/or wall panels. 8. Finish: Prefinished by manufacturer, minimum 70% Kynar 500 potyvinylidene coating, minimum 1 mil (.025mm) thick consisting of a prime coat and finish coat. 9. Roof Panel Color: Sheffield "Terra Cotta". B. System Performance: 1. Allow for forces of thermal expansion and contraction without detrimental effect to system through ambient air temperature of 100' F from temperature of interior of building. 2. Withstand 6" head of water at lap splices, including end laps for 72 hours. 3. Carry UL Class 90 listing, minimum. 4. See Warranties for weathertightness warranty requirements. C. Accessories: 1. Gutters: None. 2. Downspouts: None. 3. Snow/Ice Guards: None. 2.04 WALL PANELS A. Exterior Louvered Panels: Prefabricated metal louvered panels, manufacturer's standard profile, 11-gage sheet steel, with specified powder -coated finish. B. Wire Mesh Panels: Manufacturer's standard welded wire panels, 2" x 2" x 3/16" steel wire mesh, mounted into 2" x 2" tubular steel framing. C. Wind Screen Panels: Sheet steel components, 14-gage minimum, mounted horizontally into 2" x 2" tubular steel framing, with specified powder -coated finish. 1. Size(s): 2" wide x 10" high x 14-gage. 2.05 GATES A. Exterior Gates (by manufacturer): Manufacturer's standard outswinging, tubular steel framed gate with wire mesh panels. Sizes shall be as indicated on the Drawings. 1. Provide manufacturer's standard -duty tamper -proof ball bearing hinges, three (3) each per jamb, with non -removable pins. 2. Panic Set with Lever Trim and Access Control Hardware: Furnished and installed by the Contractor. Manufacturer shall provide shop- or field -cut steel jamb components as necessary for installation of electric strike or other hardware. 3. Finish: Manufacturer's standard powder -coated finish as specified in paragraph 2.01. 4. Hardware Finish: US26D, Satin Chromium. 13122 - 5 South Transit Center Secure Bike Shelter CD SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: Heath Construction, LLC 2. Permanent main office address: 141 Racquette Dr., Fort Collins, CO 80524 3. When organized: July 29, 1977 4. If a corporation, where incorporated: Colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 37 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) See attached "Current Projects List" 7. General character of Work performed by your company: Job Site Supervision, Rough and Finish Carpentry, General Field Labor 8. Have you ever failed to complete any Work awarded to you? No If so, where and why? 9. Have you ever defaulted on a contract? No 2.06 FLASHING AND JOINT SEALANTS A. Joint Sealing: Furnished and installed by manufacturer to the extent consistent with industry standards, including lap and horizontal seams, etc. Contractor shall be responsible for coordinating the sealant work provided by this Section to provide a complete and weathertight application. 2.07 BICYCLE RACKS A. General: Provide manufacturer's standard bicycle racks in the type and quantities indicated herein. B. Materials: 1. Hoops: 1-1 /2" I.D. Schedule 40 steel pipe, flange -mounted. 2. Double Decker Uprights: 4" x 4" x 12 gage minimum steel tube. 3. Double Decker Base Plates: 1 /4" thick steel plate x sizes required by manufacturer. 4. Double Decker Crossbars: 4" x 4" x 7 gage minimum steel tube. 5. Double Decker Cantilevers: 2" x 4" x 11 gage minimum steel tube. 6. Double Decker Cantilever Base: 1 /4" thick steel plate. 7. Double Decker Bicycle Wheel Trays: 1 /8" thick steel plate, 1 /2" round bar. C. Single Hoop Racks: 1. Hoop Rack by Dero, as basis of design. 2. Size(s): 3. Quantities: 16 bikes. D. Double Decker Racks: 1. Dero Decker by Dero, as basis of design. 2. Size(s): 3. Quantities: 33 bikes. E. Hardware: Provide manufacturer's tamper -proof, surface -mounted hardware and anchorages. F. Finish(es): Manufacturer's standard powder -coated finish as specified in paragraph 2.01, black. G. Approved Manufacturers: 1. Dero, Minneapolis, MN, (888) 337-6729. 2. Manufacturers providing products of the same type, function, design, quality and performance are acceptable as approved by the Owner prior to bidding. PART 3 EXECUTION 3.01 PREPARATION AND COORDINATION A. Erector shall verify the following conditions and notify the General Contractor of unsatisfactory conditions in writing, with a copy to the Architect. Beginning work indicates acceptance of existing conditions by the Erector. 1. Layout: Verify layout of work before beginning erection. 2. Anchor Bolt Placement: Verify layout of anchor bolts prior to pouring of concrete foundation. 3. Existing Conditions: Examine foundation before beginning erection for level and squareness. B. Contractor shall be responsible for checking all dimensions, elevations and assuring fit of structural steel members prior to commencing erection. C. Coordination with Other Trades: Erector shall coordinate the erection of the prefabricated steel structure with related work provided by others, including but not limited to: 1. Grading, landscaping and site irrigation work. 2. Concrete foundations and slab -on -grade. 3. Electrical power and lighting systems, security camera systems and access control systems. 4. Signage and graphics systems. 13122 - 6 South Transit Center Secure Bike Shelter CD D. Protect adjacent materials or areas below from damage due to weld splatter or sparks during field welding. E. Make provision for erection loads and for sufficient temporary bracing to maintain structure safe, plumb and in true alignment until completion of erection. 3.02 FABRICATION OF STRUCTURAL STEEL A. General: Structural steel components shall be detailed and fabricated in accordance with the referenced codes, AISC and MBMA Specifications and standards and in compliance with the final approved erection drawings. B. Shop -fabricate and assemble sections in largest practical components for delivery and erection on the site. Extent of shop assembly shall be as approved in the shop drawings. Type of connection most suitable to shop or field facilities shall be used, unless otherwise shown on the Drawings. C. Structural steel components shall be pre -drilled in the shop for bolted assembly in the field. D. Properly mark and match mark all materials for field assembly. Coordinate fabrication and delivery sequence to expedite erection and minimize field handling of materials. Plates and anchor bolts to be built into concrete work shall be shipped loose. E. Prep for Gate Hardware: General Contractor shall furnish hardware templates to erector for field drilling of latch/electric strike, etc., if work is not done in the shop. 3.03 FABRICATION OF MISCELLANEOUS METAL COMPONENTS A. General: Fabrication shall be as proposed by the manufacturer's standard processes, and as approved in the shop drawings by the Owner. B. Shop -fabricate and assemble sections in largest practical components for delivery and assembly on the site. Extent of shop assembly shall be as approved in the shop drawings. C. Components shall be pre -drilled in the shop for bolted assembly in the field. D. Properly mark and match mark all materials for field assembly. Coordinate fabrication and delivery sequence to expedite erection and minimize field handling of materials. E. Drill 1 /4" diameter drainage holes at minimum 12" o.c. in bottom of each windscreen channel, horizontal louver and any other metal component in exterior assemblies where moisture may accumulate. 3.04 SHOP AND FIELD CONNECTIONS A. Weld or bolt shop connections, unless otherwise shown. Bolt field connections, except where welded connections are shown or specified. Use common bolts conforming to ASTM A307, unless otherwise shown. B. Finish work in accordance with the approved shop drawings. Work shall be true and free from twists, kinks, buckles, open joints and other defects. 3.05 SHOP FINISHING A. After fabrication, remove all loose scale, rust, weld slag or flux deposit, oil, grease, dirt or other foreign materials. Remove burrs from steel fabrication process and smooth all edges exposed in the final assembly. B. Hard sandblast and prime all components as specified. C. Do not paint surfaces of steel embedded in concrete. D. Before painting, all steel shall be thoroughly cleaned of all heavy rust and mill scale, weld slag or flux deposit, dirt and other foreign matter. Oil and grease deposits shall be removed by solvent. E. Structural Steel Finish: Apply manufacturer's standard powder -coated finish, as specified in paragraph 2.01. F. Wire Mesh Panels: Manufacturer's standard powder -coated finish. G. Louvered Panels: Manufacturer's standard powder -coated finish. H. Wind Screen Panels: Manufacturer's standard powder -coated finish. 13122-7 South Transit Center Secure Bike Shelter CD Prefinished Roof Panel Finish: All surfaces are to be pretreated in accordance with manufacturer's specifications and primed with recommended primers for both finish and back coats. Apply minimum 70% Kynar 500 resin finish coat, using only coil coaters experienced in handling Kynar type coatings. Finish shall meet the following requirements: 1. Dry Film Thickness: a. Primers: .25 mils nominal, ASTM D1400. b. Top Coat: .90 mils nominal, ASTM D1005. 2. Dry Film Hardness: F minimum, ASTM D3363. 3. Film Adhesion: Excellent (no removal), ASTM D3359. 4. Direct Impact Flexibility: Excellent (no removal), ASTM D2794. 5. Reverse Impact Flexibility: Excellent (no removal), ASTM D2794. 6. Formability: One (1) T Bend (no removal), NCCA II-19. 7. Abrasion Resistance: Exceeds 65 liters/mil, ASTM D968. 8. Chemical and Detergent Resistance: Excellent (no attack), ASTM D1308. 9. Weathering: As specified under Warranties. 10. Color Uniformity: ASTM D2244. 3.06 ERECTION A. Erection Procedures: Erection of the prefabricated steel structure shall be in accordance with the manufacturer's approved erection drawings, accepted Code of Standard Practice of the Metal Building Manufacturer's Association and applicable codes. Erection practices shall conform to Section 6, Common Industry Practices found in the "Low Rise Building Systems Manual", MBMA, current edition. B. No field modifications to primary structural members will be allowed, except as reviewed and authorized by both the manufacturer and the structural engineer. 1. Welding operations shall not burn the primary structural members. 2. Anchor bolt locations shall not be altered by gas torching or burning. Approved changes shall be cleanly reamed to the approval of the structural engineer. C. Refer to Paragraph 1.06 above for erection during high wind conditions. D. Maintain work in safe and stable condition during erection. Provide temporary shoring and bracing as required. E. Set structural frames accurately to lines and elevations indicated within specified AISC erection tolerances. Align and adjust various members forming a part of complete frame or structure before permanently fastening. F. Clean bearing and other surfaces which will be in permanent contact before assembly. 1. Allowable Tolerances: Comply with requirements of AISC Code of Standard Practice. Leveling and plumbing shall be based on a mean temperature of 70, F. Compensate for difference in temperature at time of erection. G. Set loose and attached base plates and bearing plates on steel wedges or on other adjustable devices. Tighten anchor bolts after the supporting members have been positioned and plumbed. Do not remove wedges or shims. H. Installation of Wall Infill Panels: 1. General: Wire mesh and wind screen panels shall be installed into 2" x 2" tubular steel frames in the shop. Completed frames shall be bolted into structural frame in the field, unless otherwise approved in shop drawings. 2. Individual louvers or panels shall be bolted into upper (south) eave and raked ends of structural frame in the field. I. Standing Seam Roofing System: Standing seams of the prefinished roof system shall be securely closed in the field with manufacturer's continuous seaming equipment. Install cleats at spacing recommended by the manufacturer for pan width, roof span and wind exposure. The roofing system shall be installed plumb, straight and true to adjacent work. Ribs shall be equidistant from raked ends, etc. in accordance with design concept and as shown on the Drawings. J. Base, Corner and Miscellaneous Trims: Install base, wall and corner closure trims as shown on the Drawings or as required for a complete and weathertight installation. 1. Trims shall conform to the roof, wall, fascia and soffit panel profiles specified, to completely close any gaps in the panel ribs. 13122-8 South Transit Center Secure Bike Shelter CD 2. Base trims at panel termination to concrete foundations shall be completely sealed to be weathertight and rodent proof. 3.07 INSTALLATION OF BICYCLE RACKS A. General: Install bicycle racks in accordance with manufacturer's written instructions and recommendations. B. Check operation of all moveable double decker assemblies, and adjust as necessary for proper operation. C. Special Tools: Provide Owner with any special tools or other accessories required for the operation or routine maintenance of the moveable bicycle racks. 3.08 FIELD TOUCH-UP PAINTING A. After erection, touch up all field connections and abrasions of the shop powder -coated finish. B. Paint all anchor bolts and miscellaneous steel that was not finished to match surfaces of the prefabricated steel structure, exposed locations only. 3.09 FIELD QUALITY CONTROL A. Water Test: Test all seams and joints of exterior roof panels with water hose for leaks in the presence of the Owner. Retest until watertight. 3.10 CLEANING A. Wash down all prefabricated steel structure components and turn over to the Owner in clean condition. B. Remove equipment, temporary facilities, excess materials and debris from the site. Leave the site in a clean condition. END OF SECTION 13122-9 South Transit Center Secure Bike Shelter CD Y, GEOTECHNICAL ENGINEERING REPORT SOUTH TRANSIT CENTER NORTHWEST CORNER OF FOSSIL BOULEVARD AND WEST FAIRWAY LANE FORT COLLINS, COLORADO Project No.29-201 April 16, 2010 Prepared For. Aller Lingle Massey Architects, PC 712 Whalers Way, Suite 13100 Fort Collins, Colorado 80525 Attn: Matt Newman Prepared By. Yeh and Associates, Inc. 5700 East Evans Avenue Denver, Colorado 80222 Phone: 303-781-9590 Fax: 303-781-9583 TABLE OF CONTENTS PAGE INTRODUCTION..............................................................................................................1 PROPOSEDCONSTRUCTION.......................................................................................1 SITEEXPLORATION......................................................................................................1 LABORATORYTESTING...............................................................................................2 SITECONDITIONS.........................................................................................................2 Geology........................................................................................................................3 Soil and Bedrock Conditions.........................................................................................3 Field and Laboratory Test Results................................................................................3 Groundwater Conditions...............................................................................................3 CONCULSIONS AND RECOMMENDATIONS...............................................................3 Geotechnical Considerations........................................................................................3 Spread Footing Foundations.........................................................................................4 FloorSlabs....................................................................................................................4 SeismicConsiderations................................................................................................5 Pavement Design and Construction..............................................................................5 SubgradePreparation................................................................................................7 Pavement Preventative Maintenance Recommendations ..........................................7 Earthwork......................................................................................................................7 GeneralConsiderations.............................................................................................7 SitePreparation.........................................................................................................7 SubgradePreparation................................................................................................8 Fill Materials and Placement......................................................................................8 DetentionPond..........................................................................................................9 Excavation and Trench Construction.........................................................................9 ExteriorSlabs............................................................................................................9 UndergroundUtility Systems...................................................................................10 CorrosionProtection................................................................................................10 SurfaceDrainage.....................................................................................................11 GENERALCOMMENTS...............................................................................................11 FIGURES BoringLocation Plan........................................................................................................ Figure 1 APPENDICES BoringLogs............................................................................................................................. A LaboratorvTest Results............................................................................................................. B PavementDesign Calculations.................................................................................................. C GEOTECHNICAL ENGINEERING REPORT INTRODUCTION This report contains the results of our geotechnical engineering exploration for the proposed bus transit center to be located at the southeast corner of South College Avenue and West Fairway Lane. Our services were to provide information and geotechnical engineering recommendations relative to: • subsurface soil and bedrock conditions; • groundwater conditions; • foundation design and construction; • floor slab design and construction; • pavement design and construction; • earthwork; and • drainage. The recommendations contained in this report are based upon our understanding of the proposed project, the results of field and laboratory testing, engineering analyses and our experience with similar soil conditions and structures. PROPOSED CONSTRUCTION Based on information provided by the client, the proposed project will include the development of an approximate 10-acre parcel. Development will include the construction of a single -story, slab -on -grade bus terminal structure. The building will likely have restrooms, offices and a waiting area. Final site grading plans were not available prior to preparation of this report. Ground floor level is anticipated to be at or slightly above existing site grade. Other major site development will include the installation of utilities, construction of paved access drive and parking lots and a detention pond. SITE EXPLORATION The scope of the services performed for this project included site reconnaissance by a representative of Yeh and Associates, a subsurface exploration, laboratory testing and engineering analysis. A total of 13 test borings were drilled on November 23, 2009 to depths of about 5 feet to 19 feet below existing site grade at the approximate locations shown on the Bore Hole Location Plan. Of the borings, 2 were drilled within the proposed building footprint and 11 were drilled in proposed pavement and detention pond areas. The borings were advanced with a truck - mounted drilling rig, utilizing a 4-inch solid stem auger. The borings were located in the field by pacing from property lines and existing site features. Elevations were taken at each boring location by interpolation from contours indicated on the provided site plan. The accuracy of boring locations and elevations should only be assumed to the level implied by the methods used. Logs of subsurface conditions were recorded for each boring by our representative during the drilling operations. At selected intervals, samples of the subsurface materials were taken by driving a modified California barrel. Penetration resistance measurements were obtained by driving the California barrel into the subsurface materials with an automatically driven 140-pound hammer falling 30 inches. The penetration resistance value is a useful index to the consistency, relative density or hardness of the materials encountered. Groundwater measurements were made in each boring at the time of site exploration. The borings were backfilled upon completion for safety consideration. LABORATORY TESTING Samples retrieved during the field exploration were returned to the laboratory for observation by the project geotechnical engineer and were classified in accordance with AASHTO and the Unified Soil Classification System. Samples of bedrock were classified in accordance with the general bedrock classification used in the Colorado front -range area. An applicable program of laboratory testing was developed to determine engineering properties of the subsurface materials. Following the completion of the laboratory testing, the field descriptions were confirmed or modified as necessary and boring logs were prepared. These logs are presented in Appendix A. Laboratory test results are presented in Appendix B. These results were used for the geotechnical engineering analyses and the development of foundation and earthwork recommendations. Laboratory tests were performed in general accordance with the applicable local or other accepted standards. Selected soil and bedrock samples were tested for the following engineering properties: • Water content • Dry density • Grain size • Plasticity Index • Swell/Settlement • Water soluble sulfate content SITE CONDITIONS The site currently has a house located on the northwest corner of the property. The house is planned for demolition at the start of the project. The site was bounded on the north by the Spradley Barr Ford Dealership, to the west by the Burlington Northern and Santa Fe railroad tracks, to the east by vacant land and South College Avenue, and south by industrial buildings. The ground surface was relatively flat. Vegetation consisted of grasses, trees and shrubs. Site drainage was generally to the southeast. Geology Surficial geologic conditions at the site, as mapped by the U.S. Geological Survey, consist of alluvium of Pleistocene age. The alluvium is classified by the USGS as having igneous, metamorphic, and sedimentary cobble and boulder gravel as much as 20 feet thick. Most of the sediment is weathered with thin rinds of calcium carbonate. It is anticipated that steeply that the Pierre Shale formation consisting of sandstone, claystone, and siltstone members underlie the site, based on the USGS mapping. Soil and Bedrock Conditions As presented on the boring logs, generally the surface soils to depths of 4 to 13 feet consisted of silty to clayey sand and sandy clay soils. Underlying the surface soils and extending to the maximum depth of exploration in most borings was mainly sandstone bedrock, with one boring, TH 10, encountered claystone bedrock. Field and Laboratory Test Results Field test results indicate that the sand soils vary from loose to medium dense in relative density and the clay soils being stiff in consistency. The sandstone and claystone bedrock was hard to very hard in hardness based on the penetration resistance. Standard properties testing was performed in the laboratory on representative subgrade materials. Test results are summarized in Appendix B. The subgrade soils have an American Association of State Highway and Transportation Officials (AASHTO) classification of A-1-b to A-4 for sand and sandstone and A-6 to A-7-6 for clay soils. The sand soils are considered relatively good subgrade materials while the clay soils are considered relatively poor subgrade materials. Groundwater Conditions Groundwater was observed at depths between 12 and 16 feet below ground surface. These observations represent groundwater conditions at the time of the field exploration, and may not be indicative of other times or at other locations. Groundwater conditions can change with varying seasonal, irrigation and weather conditions and other factors. CONCULSIONS AND RECOMMENDATIONS Geotechnical Considerations The site appears suitable for the proposed construction based upon geotechnical conditions encountered in the test borings. Based on the geotechnical engineering analyses, subsurface exploration and laboratory test results, we recommend that the proposed building structures be supported on a spread footing foundation system bearing on native soils or engineered fill. Slab -on -grade may be utilized for the interior floor system provided that care is taken in the placement and compaction of the subgrade soil. On -site sand soils should be suitable for use as engineered fill beneath the foundation systems and floor slabs. Design and construction recommendations for foundation systems and other earth connected phases of the project are outlined below. Spread Footing Foundations Due to the presence of non -expansive soils on the site, a spread footing foundation bearing upon undisturbed soils and/or engineered fill is recommended for support of the proposed structure. The footings may be designed for a maximum bearing pressure of 3,000 pounds per square foot (psf). Recommended minimum widths of column and wall footings are 24 inches and 18 inches, respectively. Exterior footings should be placed a minimum of 30 inches below finished grade for frost protection and to provide confinement for the bearing soils. Interior footings should bear a minimum of 12 inches below finished grade. Finished grade is the lowest adjacent grade for perimeter footings and floor level for interior footings, with interior footings being within heated spaced. Footings should be proportioned to reduce differential foundation movement. Proportioning on the basis of equal total movement is recommended; however, proportioning to relative constant dead load pressure will also reduce differential movement between adjacent footings. Total movement resulting from the assumed structural loads is estimated to be on the order of 1 inch or less. Differential movement should be on the order.of 1/2 to 3/ of the estimated total movement. Additional foundation movements could occur if water from any source infiltrates the foundation soils, therefore, proper drainage should be provided in the final design and during construction. Footings, foundations and masonry walls should be reinforced as necessary to reduce the potential for distress caused by differential foundation movement. The use of joints at openings or other discontinuities and at periodic intervals on long masonry walls is recommended. Foundation excavations should be observed by the geotechnical engineer. If the soil conditions encountered differ significantly from those presented in this report, supplemental recommendations will be required. Floor Slabs Non -expansive sand soils or engineered fill will support the floor slabs. Some differential movement of a slab -on -grade floor system is possible should the subgrade soils become elevated in moisture content. To reduce potential slab movements, the subgrade soils should be prepared as outlined in the Earthwork section of this report. For structural design of concrete slabs -on -grade, a modulus of subgrade reaction of 200 pounds per cubic inch (pci) may be used for floors supported on existing soils or engineered fill consisting of on -site soils. Additional floor slab design and construction recommendations are as follows: • Positive separations and/or isolation joints should be provided between slabs and all foundations, columns or utility lines to allow independent movement. 4. If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. No 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. See attached 'Recently Completed Projects" 12. List your major equipment available for this contract. Flatbed trucks, bobcats, high lift forklifts, and additional equipment leased as needed. 13. Experience in construction Work similar in importance to this project: See attached "Similar Projects" 14. Background and experience of the principal members of your organization, including officers: See attached "Key Personnel" M • Control joints should be provided in slabs to control the location and extent of cracking. • Interior trench backfill placed beneath slabs should be compacted in accordance with recommended specifications outlined herein. • If moisture -sensitive floor coverings are used on interior slabs, consideration should be given to the use of barriers to minimize potential vapor rise through the slab. • Floor slabs should not be constructed on frozen subgrade. • Other design and construction considerations, as outlined in Section 302.1 R of the "ACI Design Manual", are recommended. Seismic Considerations No active faults are known to exist on or near the site. The soils at the site correspond with Site Class C of the IBC. We recommend the following site coefficients be used. Design acceleration for short periods Ss Fa - 0.22 1.20 SS = The mapped spectral accelerations for short periods Fa = Site coefficient from Table 1615.1.2(1) Design acceleration for 1-second period S, F, 0.06 1.70 S, = The mapped spectral accelerations for 1-second period F, = Site coefficient from Table 1615.1.2(2) Pavement Design and Construction Design of pavements for the project has been based on the procedures outlined in the "Guideline for Design of Pavement Structures" by the American Association of State Highway and Transportation Officials (AASHTO), the Colorado Department of Transportation (CDOT) and the Larimer County Urban Area Street Standards. The pavement areas include asphalt or Portland cement concrete pavement in the parking lots and access drives. Areas within proposed pavements on the site will be divided into two categories based upon anticipated traffic and usage. Traffic criteria assumed for pavement thickness designs includes 20-year 18-kip equivalent single -axle loads (ESAL's) of 36,500 for automobile parking which equivalent to the minimum ESAL for a residential street in Larimer County's standards. For the bus access lanes and area, it was assumed that a bus entered and exited every 10 minutes throughout the day. Using this loading and the CDOT truck equivalency factors of 1.087 and 1.692 for flexible and rigid pavement designs, respectively, an ESAL for the bus lanes of 2,285,309 and 5,335,891 were calculated. The actual bus traffic should be reviewed during final design and should the design traffic be significantly different from that assumed herein, the pavement design can be re- evaluated. Local drainage characteristics of proposed pavement areas are considered to be fair. For purposes of this design analysis, fair drainage characteristics are considered to control the design. These characteristics, coupled with the approximate duration of saturated subgrade conditions, result in a design drainage coefficient of 1.0 when applying the AASHTO criteria for design. For flexible pavement design, a terminal serviceability index of 2.3 was utilized along with an inherent reliability of 80 percent and a design life of 20 years. Based on the laboratory R-value testing, the subgrade materials have a design R-value of 8. Using the design R-value, appropriate ESAL, environmental criteria and other factors, the structural numbers (SN) of the pavement sections were determined on the basis of the 1993 AASHTO design equation. Design calculations are presented in Appendix C In addition to the flexible pavement design analyses, a rigid pavement design analysis was completed for the bus access lanes based upon AASHTO design procedures. Rigid pavement design is based on an evaluation of the Modulus of Subgrade Reaction of the soils (K-value), the Modulus of Rupture of the concrete, and other factors previously outlined. The design K- value of 50 pci for the subgrade soil was determined by correlation to the laboratory test results. A modulus of rupture of 650 psi (working stress 488 psi) was used for pavement concrete. The rigid pavement thickness was determined on the basis of the AASHTO design equation using a 30-year design life ESAL. Based on the relatively light ESAL loading in the parking lot, a minimum rigid pavement depth of 6 inches of Portland cement concrete is needed based on the Larimer County standards. Recommended alternatives for flexible and rigid pavements are: Recommended Pavement Section Thickness (inches) Traffic Area Alternative Asphalt Aggregate Portland Concrete Base Course Cement Total Surface Concrete A 6 - - 6 Automobile B 4 8 - 12 Parking C - - 6* 6 A 10'/2 - - 10%2 Bus Access B 7 14 - 21 Lanes C _ _ 9 9 *This is the Larimer County minimum rigid pavement section. C1 For the bus parking area, it is recommended that the rigid pavement alternative be used due to the heavy trafficking and the bus starting and stopping associated with this area. Sub -grade Preparation Prior to placing the pavement section, the subgrade should be scarified to a depth of 12 inches, adjusted to a moisture content within 2 percent above optimum moisture content and compacted to 95 percent of the maximum standard Proctor density. The entire pavement subgrade should be proof rolled with a heavily loaded pneumatic -tired vehicle after preparation. Pavement design procedures assume a stable subgrade. Areas that deform under heavy wheel loads are not stable and should be removed and replaced to achieve a stable subgrade prior to paving. Pavement Preventative Maintenance Recommendations Preventative maintenance should be planned and provided for through an ongoing pavement management program to enhance future pavement performance. Preventative maintenance activities are intended to slow the rate of pavement deterioration and to preserve the pavement investment. Preventative maintenance, which consists of both localized maintenance, such as crack sealing and patching, and global maintenance, such as surface sealing, is usually the first priority when implementing a planned pavement maintenance program and provides the highest return on investment for pavements. Recommendations for maintenance of asphalt and jointed concrete pavements, based upon type and severity of distress, can be are provided. Prior to implementing any maintenance, additional engineering observation is recommended to determine the type and extent of distress and the appropriate preventative maintenance. Earthwork General Considerations The following presents recommendations for site preparation, excavation, subgrade preparation and placement of engineered fills on the project. Earthwork on the project should be observed and evaluated by Yeh and Associates. The evaluation of earthwork should include observation and testing of engineered fills, subgrade preparation, foundation bearing soils and other geotechnical conditions exposed during the construction of the project. Site Preparation Strip and remove existing vegetation and other deleterious materials from proposed building and pavement areas. All exposed surfaces should be free of mounds and depressions, which could prevent uniform compaction. Stripped materials consisting of vegetation and organic materials should be wasted from the site or used to revegetate landscaped areas after completion of grading operations. All exposed areas which will receive fill, once properly cleared, should be scarified to a minimum depth of 8 inches, conditioned to near optimum moisture content and compacted. Although evidence of fills or underground facilities such as septic tanks and utilities was not observed during the site reconnaissance, such features are likely to be encountered during construction due to the presence of the residence and past site usage. If unexpected fills or underground facilities are encountered, such features should be removed and the excavation extended to native materials prior to backfill placement and/or construction. It is anticipated that excavations for the proposed construction can be accomplished with conventional heavy earthmoving equipment. If excavations need to penetrate into the bedrock, ripping or jack -hammering may be needed to advance the excavation, particularly in confined excavations. Consideration should be given to obtaining a unit price for difficult excavation in the contract documents for the project. Based upon the subsurface conditions encountered, subgrade soils exposed during construction are anticipated to be relatively stable. However, the stability of the subgrade may be affected by precipitation, repetitive construction traffic and other factors. If unstable conditions are encountered or develop during construction, stability may be improved by scarifying and drying the subgrade soils. Overexcavation of wet zones and replacement with granular materials may be necessary. Use of lime, fly ash, kiln dust, cement or geotextiles could also be considered as stabilization techniques. Laboratory evaluation is recommended to determine the effect of chemical stabilization on subgrade soils prior to construction. Lightweight excavation equipment may also be required to reduce subgrade pumping. Subgrade Preparation Subgrade soils beneath interior and exterior slabs and beneath pavements should be scarified, moisture conditioned and compacted to a minimum depth of 8 inches. The moisture content and compaction of subgrade soils should be maintained until slab or pavement construction. Fill Materials and Placement Clean on -site soils or approved imported materials may be used as fill material. Imported soils (if required) should be non -plastic granular soils with no more than 25 percent passing the No. 200 sieve. Import fill material should be reviewed by the geotechnical engineer prior to importing to the site. Engineered fill should be placed and compacted in horizontal lifts, using equipment and procedures that will produce a uniform fill with the recommended moisture contents and densities throughout the lift. Recommended compaction criteria for engineered fill is 95 percent of the maximum dry density (ASTM D698). On -site sand soils and/or imported soils should be compacted within a moisture range of 3 percent of optimum and the clay soils should be compacted within a moisture range of 2 percent of optimum unless modified by the project geotechnical engineer. Detention Pond We understand that at the time of this report, the final configuration and operations of the detention pond has not been determined. For permanent slopes less than 15 feet in height, a recommended maximum configuration for on -site materials is 3:1 (horizontal to vertical). If steeper slopes are required for site development, stability analyses should be completed to design the grading plan and the use of mechanically reinforced slopes maybe required. Excavation and Trench Construction All excavations must comply with the applicable local, State, and Federal safety regulations, and particularly with the excavation standards of the Occupational Safety and Health Administration (OSHA). Construction site safety, including excavation safety, is the sole responsibility of the Contractor as part of its overall responsibility for the means, methods, and sequencing of construction operations. Yeh and Associates' recommendations for excavation support are provided for the Client's sole use in planning the project; in no way do they relieve the Contractor of its responsibility to construct, support, and maintain safe slopes. Under no circumstances should the following recommendations be interpreted to mean that Yeh and Associates is assuming responsibility for either construction site safety or the Contractor's activities. We believe the overburden sands encountered on this site will classify as Type C material, the bedrock as Type A soils using OSHA criteria. OSHA requires that unsupported cuts be no steeper than 1'/2:1 for Type C and %:1 for Type A material for unbraced excavations up to 20 feet in height. In general, we believe that this slope ratio will be temporarily stable under unsaturated conditions. Flattened slopes may be required if excavations extend into the groundwater or if the slopes will be exposed for an extended period of time. Please note that an OSHA -qualified "competent person" must make the actual determination of soil type and allowable sloping in the field. The soils and bedrock encountered by the proposed excavations may vary significantly across the site. The preliminary classifications presented above are based solely on the materials encountered in widely spaced exploratory test borings. The contractor should verify that similar conditions exist throughout the proposed area of excavation. Exterior Slabs Exterior slabs -on -grade, exterior architectural features, and utilities founded on or in backfill may experience some movement due to the volume change of the backfill. Potential movement could be reduced by: • minimizing moisture increases in the backfill; • controlling moisture -density during placement of backfill; • using designs which allow vertical movement between the exterior features and adjoining structural elements; and • placing effective control joints on relatively close centers. M The on -site soils, whether in -place or used in fills, have a susceptibility to frost heave. Therefore, movement may occur in exterior concrete slabs, which can result in off -sets, tilting and cracking. The movement and cracking may affect the appearance and performance of the slabs and can affect the slab's compliance with ADA requirements. There are several mitigation measures to improve the slab's appearance and performance, however, these options are not solely related to the geotechnical aspects so input from the design team is suggested. In areas where movement from frost heave is to be mitigated we believe these options can be considered. • The upper 18 inches of the native subgrade soils could be removed and replaced with imported granular non -plastic fill with less than 10 percent fines content. • At entrances to the building, the exterior slab may be structurally tied to the building foundation. This detail would reduce offsets between the exterior slab and the building interior, however, the movement may be translated to other portions of the exterior slab. The structural engineer should also include uplift loads from the exterior slab due to frost heave in designing the foundation. • Moisture is one of the key elements to frost heave, therefore, elimination of irrigation around the exterior slabs, directing roof discharges away from these slabs and preventing snow accumulation adjacent to the slabs can reduce the potential for frost heave. Yeh and Associates is available to discuss other options and the potential risk of exterior slab movement if requested. Underaround Utilitv Svstems All piping should be adequately bedded for proper load distribution. It is suggested that clean, well -graded gravel be used as bedding. Utility trenches should be excavated on safe and stable slopes in accordance with OSHA regulations as discussed above. Backfill should consist of the on -site soils. The pipe backfill should be compacted to a minimum of 95 percent of standard Proctor density (ASTM D698.) All underground piping within or near the proposed structure should be designed with flexible couplings, so minor deviations in alignment do not result in breakage or distress. Utility knockouts in grade beams should be oversized to accommodate differential movements. Corrosion Protection Samples of the soils were tested for determination of water-soluble sulfate concentration. Test results indicated the concentrations to be 0.004 to 0.031 percent. These concentrations of water-soluble sulfates represent a negligible degree of sulfate attack on concrete exposed to these materials. The degree of attack is based on a range of negligible, positive, severe and very severe as presented in the U.S. Bureau of Reclamation Concrete Manual. Results of soluble sulfate testing indicate that ASTM Type I Portland cement may be specified for all project concrete on and below grade. However, if there is no (or minimal) cost differential, use 10 of ASTM Type II Portland cement is recommended for additional sulfate resistance of construction concrete. Surface Drainage Positive drainage should be provided during construction and maintained throughout the life of the proposed project. Infiltration of water into utility or foundation excavations must be prevented during construction. Planters and other surface features that could retain water in areas adjacent to the building or pavements should be sealed or eliminated. In areas where sidewalks or paving do not'immediately adjoin the structure, we recommend that protective slopes be provided with a minimum grade of approximately 5 percent for at least 5 feet from perimeter walls. Backfill against footings, exterior walls and in utility line trenches should be well compacted and free of all construction debris to reduce the possibility of moisture infiltration and migration. Downspouts, roof drains or scuppers should discharge into splash blocks or extensions when the ground surface beneath such features is not protected by exterior slabs or paving. Sprinkler systems should not be installed within at least 5 feet of foundation walls and outside of the foundation backfill zone. Landscaped irrigation adjacent to the foundation system should be eliminated. GENERAL COMMENTS The analyses and recommendations presented in this report are based upon our data obtained from the borings at the indicated locations, field observations, laboratory testing, our understanding of the proposed construction and other information discussed in this report. It is possible that subsurface conditions may vary between or beyond the points explored. The nature and extent of such variations may not become evident until construction. If variations appear, we should be contacted immediately so we can review our report in light of the variations and provide supplemental recommendations as necessary. We should also review the report if the scope of the proposed construction, including the proposed loads, finished elevations or structure locations change from those described in this report. The conclusions and recommendations contained in this report shall not be considered valid unless Yeh and Associates reviews the changes and either verifies or modifies the conclusions of this report in writing. We have prepared this report for the exclusive use of Aller Lingle Massey Architects, PC and the City of Fort Collins and its design team for a proposed South Transit Center in Fort Collins, CO. The report was prepared in substantial accordance with the generally accepted standards of practice for geotechnical engineering as exist in the site area at the time of our investigation. No warranties, express or implied, are intended or made. The recommendations in this report are based on the assumption that Yeh and Associates will conduct an adequate program of construction testing and observation to evaluate compliance with our recommendations. Adequate testing and observation is essential to successful and economical completion of a construction project. Testing and observation allows us to verify that our recommendations are being followed. They also make it possible to identify varied conditions that require us to modify our recommendations. Construction testing and observation should be scheduled in advance 11 so that our personnel can plan to be available for the work. It is also desirable that we receive a set of project plans and specifications at the time our work is first scheduled. Respectfully, YEH AND ASSOCIATES, INC. Ryan J. Bartingale, E.I.T. Staff Engineer 12 Jere A. Strickland, P.E.` Senior Project Manager 6 5,5, �p0 REG, O • N STR7C 'P� �W v. 20462 Z0`9'8/pNAI. EN 11111114-11 H! U ��HIJI ---------------------- OHU-OHU-OHU OHU- -X-x v7f Hh3 X-X-X-x-x-x K X- 13 7 _j pr e I 4 oa 2 I al� 4- 12 BORING LOCATION PLAN BORE HOLE LOCATION* *Bore hole locations were not TRANSIT CENTER I surveyed, locations shown are SOUTH approximate. FT. COLLINS, CO APPENDIX A- Boring Logs 15. Credit available: $ $1,000,000 16. Bank Reference: Home State Bank, Keith Dickelman, 970-622-2363 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes 18. Are you licensed as a General Contractor? Yes If yes, in what city, county and state? Fort Collins, CO What class, license and numbers? License #A-1 19. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? 80-100% And to whom? Subcontractor List will be generated on Bid Day. 20 Are any lawsuits pending against you or your firm at this time? Yes IF yes, DETAIL See attached. 21. What are the limits of your public liability? DETAIL Primary General Liability - $2M per Occurrence, $4M Aggregate - Travelers; Lead Umbrella - $25M per Occurrence, $25M Aggregate - Zurich What company? Travelers Insurance Company 22. What are your company's bonding limitations? $150 million single limit/$400 million aggregate 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Project: South Transit Center Boring: TH-1 YYEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11/23/09 Sheet 1 of 1 Boring Began: 11/5/2009 Completed: 11/5/2009 Total Depth: 19.2 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: IN: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth 16.0 ft - Date 1115/09 - Inclination: Vertical Time - a Rock Soil Samples T o o s o Field Notes CL E a) ❑ Blows o Material Description and a) v ❑ in 'o C� per N :F Lab Tests w 6 in 0.0 - 0.5 ft. Road Base. MC= 5.9 % 0.5 -4.0 ft. silty SAND, light brown to .' olive -brown, moist, dense. #200= 11 16/28 44 LL= NV PL= NP PI= NP AASHTO: A-2_4 (0) 4.0 -19.2 ft. SILTY SANDSTONE, brown, very 5 hard, moist to wet. LISCS: SP-SM 50:6" 506" :::: MC= 5.7 % 10 MC= 16.5 % 50:2.5 0:2. DD= 105.5 pcf 15 50:2 50: Bottom of Hole at 19.2 ft. 20 I 25 i i 30 i i Project: South Transit Center Boring: TH-2 YEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11/23/09 Sheet 1 of 1 Boring Began: 11/5/2009 Completed: 11/5/2009 Total Depth: 19.2 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth 12.0 ft Date 11 /5109 Inclination: Vertical Time - a Rock Soil Samples C . , c o ^ s ^ I— 2 �, o Field Notes E ro p Blows o Material Description and a, p v co 'o C� per N � Lab Tests w 6 in —� 0.0 - 0.5 ft. Road Base. 0.5 - 5.0 ft. silty SAND, reddish brown to brown, medium dense. MC= 5.4 % 5/14 19 DD= 120.2 pcf 5 50:6 506 ::::: 5.0 -19.2 ft. SILTY SANDSTONE, reddish MC= 8.4 % brown, very hard, moist to wet. #200= 11 % LL= NV PL= NP PI= NP S= 0.002 % AASHTO: A-2-4 (0) 50:6 50: USCS: SIP-SM 10 15 50:4 50: 50:2 50: Bottom of Hole at 19.2 ft. 20 25 30 Project: South Transit Center Boring: TH-3 YYEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11/23/09 Sheet 1 of 1 Boring Began: 11/5/2009 Completed: 11/5/2009 Total Depth: 19.3 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth V 12.0 ft - Date 11/5/09 - Inclination: Vertical Time - - - n Rock Soil Samples o 0— Field Notes 0 Blows o Material Description and 'o 0 per N �F Lab Tests w L) 6in J 0.0 - 0.5 ft. Road Base. 0.5 - 8.0 ft. clayey SAND, light brown to red -brown, moist, medium dense. MC= 10.9 % 6/6 12 DD= 111.8 pcf 5 MC= 12.9 % 6/6 12 DD= 109.4 pcf 8.0 -19.3 ft. SANDSTONE, brown, very hard, moist to wet. 10 50:3 50: 15 50:3 50: 50:3 50: Bottom of Hole at 19.3 ft. 20 25 i i i 7 JI 30 J 7 Project: South Transit Center Boring: TH-4 YYEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11/23/09 Sheet 1 of 1 Boring Began: 11/5/2009 Completed: 11/5/2009 Total Depth: 19.3 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth 14.0 ft - Date 11/5/09 - Inclination: Vertical Time - a Rock Soil Samples T C H °.. >. a — � o Field Notes a) (D E aD Q Blows o Material Description and Q) p Un 'o C1 per N � Lab Tests W 6 in J 0.0 - 0.5 ft. Road Base. 0.5 - 9.0 ft. silty SAND, light brown to red -brown, moist, medium dense. MC=12% DD= 100.4 pcf 6/6 12 S/C= -0.1 % 5 MC= 11.6 % 6/6 12 ': DD= 107.8 pcf #200= 50 % LL= NV PL= NP Pl= NP S= 0.004 % 9.0 -19.3 ft. SANDSTONE, very hard, moist to AASHTO: A 4 (0) 10 wet. 50:9 50:9 ..... MC= 14.8 % ::. DD= 110.0 pcf 15 50:3 50: 50:3 50: Bottom of Hole at 19.3 ft. 20 25 i 30 Project: South Transit Center Boring: TH-5 1YEHl,� AND ASSOCIATES, INC. ,. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11/23/09 Sheet 1 of 1 Boring Began: 11/5/2009 Completed: 11/5/2009 Total Depth: 15.3 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth DRY - Date 11/5/09 - Inclination: Vertical Time - o Rock Soil Samples a o 2 o Field Notes E x p Blows o Material Description and 'o d per N Lab Tests Lu 6 in 0.0 - 0.5 ft. Road Base. 0.5 -13.0 ft. clayey SAND, light brown to red -brown, moist, medium dense. 5 MC= 10.2 % 6/6 12 DD= 103.2 pcf 10 MC= 6.7 % 6/6 12 DD= 103.7 pcf #200= 27 % LL= 32 PL= 18 Pl= 14 . . 13.0 -15.3 ft. SANDSTONE, brown, very hard, . . . . moist. AASHTO: A-2-6 (0) 50:3 50:3 ..... LISCS: SC 15 Bottom of Hole at 15.3 ft. 20 25 i i 30 i i Project: South Transit Center Boring: TH-6 YYEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11/23/09 Sheet 1 of 1 Boring Began: 11/5/2009 Completed: 11/5/2009 Total Depth: 5.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth DRY Date 11/5/09 Inclination: Vertical Time - - a .. Rock Soil Samples T o o Field Notes E Blows o Material Description and U) o Per N Lab Tests w a0i W 6 in -� 0.0 - 0.5 ft. Road Base. 0.5 - 5.0 ft. sandy CLAY, brown, moist, stiff. 6!6 12 5 Bottom of Hole at 5.0 ft. MC= 14.4 % DD= 114.4 pcf #200= 73 % LL= 34 PL= 14 PI= 20 S/C= -0.1 % AASHTO: A-6 (12) 10 USCS: CL 15 20 25 30 Project: South Transit Center Boring: TH-7 Y YEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11/23/09 Sheet 1 of 1 Boring Began: 11/5/2009 Completed: 11/5/2009 Total Depth: 5.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth DRY - Date 11/5/09 - Inclination: Vertical Time - n Rock Soil Samples T 0— s Y o Field Notes am a m E a) p Blows o Material Description and C) - (n o 0 per N � Lab Tests Lu b in J 0.0 - 0.5 ft. Road Base. 0.5 - 5.0 ft. sandy CLAY, brown, moist, stiff. 6/6 12 5 Bottom of Hole at 5.0 ft. MC= 15.1 % DD= 115.4 pcf #200= 57 % LL= 34 PL= 16 Pl= 18 S= 0.031 % AASHTO: A-6 (7) 10 USCS:CL 15 20 25 i 30 Project: South Transit Center Boring: TH-8 0 YEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11/23/09 Sheet 1 of 1 Boring Began_ 11/5/2009 Completed: 11/5/2009 Total Depth: 5.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth Q DRY - Date 11/5/09 - - Inclination: Vertical Time - a Rock Soil Samples c 0 0 o Field Notes > E 0 p Blows o Material Description and o v C6 o C� per N Lab Tests W - 0 6 in 0.0 - 0.5 ft. Road Base. 0.5 - 5.0 ft. sandy CLAY, brown -gray, moist, stiff. 6/6 12 5 Bottom of Hole at 5.0 ft. MC= 17.7 % DD= 107.6 pcf #200= 78 % LL= 43 PL= 13 P1= 30 S/C= -0.1 % AASHTO: A-7-6 (22) 10 USCS: CL 15 20 25 i 30 Project: South Transit Center Boring: TH-9 YEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11/23/09 Sheet 1 of 1 Boring Began: 11/5/2009 Completed: 11/5/2009 Total Depth: 5.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth s DRY - Date 11/5/09 - Inclination: Vertical Time - - n Rock Soil Samples 8o o a Field Notes > > p Blows o Material Description and �, a) a)CU 0— cn o 0 per N � Lab Tests w a0i 0� 6 in 0.0 - 0.5 ft. Road Base. 0.5 -4.0 ft. silty SAND, brown, moist, loose. 50:3 50: 4.0 - 5.0 ft. CLAYEY SANDSTONE, brown, very 5 hard, moist. o M/o C= 10.2 Bottom of Hole at 5.0 ft. DD= 107.2 pcf #200= 25 % LL= 26 PL= 14 Pl= 12 AASHTO: A-2-6 (0) USCS: SC 10 15 20 25 I I i i 30 Project: South Transit Center Boring: TH10 YYEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11/23/09 Sheet 1 of 1 Boring Began: 11/5/2009 Completed: 11/5/2009 Total Depth: 5.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth DRY - Date 11/5/09 Inclination: Vertical Time - - a Rock Soil Samples C r o A g � r o Field Notes E a) o Blows o Material Description and p v �, o C� per N w Lab Tests w 0 6 in .0 - 0.5 ft. Road Base. 0 1 0.5 -4.0 ft. silty SAND, brown, moist, loose. 50:6 50:6 4.0 - 5.0 ft. SANDY CLAYSTGNE, brown, very 5 hard, moist. MC= 7.7 % Bottom of Hole at 5.0 ft. #200= 74 % S= 0.007 % 10 15 20 25 30 Dated Comp By: Title: 3t 141 Racquette Drive this 3rd day of September 2014. ny: ,�Uh Construction, LLC State of Colorado County of Larimer Printed: Randall J. DeMario SQ Y,drCA, .)+ ) �e- beina dulv sworn dPnnsPs anri says that ha is Randall J. DeMario of Heath Construction, LLC (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this _,� day of J� 201 . (Seal) Nota Public O�P'RY. P Ue�i My commission expires: R 1 J �lYj ; SA ' ' NDRA STILLSILIE ............ QS My COMMISSION EXPIRES: June 13, 2016 Project: South Transit Center Boring: TH-11 YYEH AND ASSOCIATES, INC. A GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11 /23/09 Sheet 1 of 1 Boring Began: 11/5/2009 Completed: 11/5/2009 Total Depth: 5.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth DRY Date 11/5/09 Inclination: Vertical Time - n .. Rock Soil Samples T p o o Field Notes a)aa) E Q Blows o Material Description and Q U) o C� per N :15 Lab Tests ul 6 in -J 0.0 - 0.5 ft. Road Base. 0.5 - 4.0 ft. silty SAND, brown, moist, loose. 50:6 506 : 4.0 - 5.0 ft. SILTY SANDSTONE, brown, very 5 hard, moist. MC= 12.1 % Bottom of Hole at 5.0 ft. DD= 92.5 pcf #200= 12 % LL= NV PL= NP P1= NP AASHTO: A-2-4 (0) USCS: SP-SM 10 15 20 i i 25 i 3 n vl 30 D J 7 e D 0 Project: South Transit Center Boring: TH-12 12 YEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11/23/09 Sheet 1 of 1 Boring Began: 11/5/2009 Completed: 11/5/2009 Total Depth: 5.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth DRY Date 11/5/09 Inclination: Vertical Time - - - - a Rock Soil Samples T O � C F T g -- �' Field Notes a) m E Q) Blows o o Material Description and o a per N � Lab Tests w C 6 in J 0.0 - 0.5 ft. Road Base. 0.5 -4.0 ft. silty SAND, light brown, moist, loose. 50:7 1 50:7 4.0 - 5.0 ft. SILTY SANDSTONE, brown, very 5 hard, moist. Bottom of Hole at 5.0 k MC= 5.3 % #200= 11 % LL= NV PL= NP PI= NP S= 0.005 % AASHTO: A-1-b (0) USCS: SP-SM 10 15 20 25 30 Project: South Transit Center Boring: TH-13 1�YEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29 - 201 Date: 11/23/09 Sheet 1 of 1 Boring Began: 11/5/2009 Completed: 11/5/2009 Total Depth: 5.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: Old Dirt Drilling Logged By: B. Johnson Ground Water Notes: Final By: Douglass L. Depth DRY - Date 11 /5/09 Inclination: Vertical Time - ? Rock Soil Samples T o o ^ ,. o Field Notes E a) o Blows o Material Description and °D �� Q °-' Un o C� per N Lab Tests w 6 in -� 0.0 - 0.5 ft. Road Base. 0.5 - 5.0 ft. silty SAND, brown, moist, loose. �" 6/6 12 5 Bottom of Hole at 5.0 ft. MC= 10.5 % DD= 119.2 pcf #200= 23 % LL= NV PL= NP PI= NP S= 0.012 % AASHTO: A-2-4 (0) 10 USCS: SM 15 20 J 25 L 7 3 n vi 30 7 J 7 Y J O APPENDIX B- Laboratory Test Results WIN 0 2.0 -4.0 i- 0.1 WATER ADDED 1 10 Applied Normal Pressure, ksf 100 Moisture SWELL / Natural Dry Consolidation(-) Boring Number Depth, ft f Density, pcContent, /Swell(+), % Soil Description CONSOLIDATION GRAPH TH - 4 3 100.4 12 -0.1 silty SAND Drawn By: M.A Job No: 29 - 201 Project Name: South Transit Center Checked By: Jere YEH & ASSOCIATES, INC 4.0 a 2 . 0 -4.0 -L- 0.1 WATER ADDED 1 10 Applied Normal Pressure, ksf 100 Moisture SWELL / Boring Number Depth, ft Natural Dry Content, Consolidation(-) Soil Description CONSOLIDATION Density, pcf % /Swell(+), /o GRAPH TH - 6 5 114.4 14.4 -0.1 sandy CLAY Drawn By: M.A Job No: 29 - 201 Project Name: South Transit Center Checked By: Jere I YEH & ASSOCIATES, INC 4.0 2.0 c 0.0 0 0 a -2.0 0 U T_ _ -4.0 J-- 0.1 WATER ADDED 1 10 Applied Normal Pressure, ksf 100 Moisture SWELL / Natural Dry Consolidation(-) Boring Number Depth, ft Density, pcf Content, /Swell(+), % Soil Description CONSOLIDATION GRAPH TH - 8 5 107.6 17.7 -0.1 sandy CLAY Drawn By: M.A Job No: 29 - 201 Project Name: South Transit Center Checked By: Jere YEH & ASSOCIATES, INC No Text No Text No Text Heath Construction Current Projects Start Complete Project Name/Type Location Contract Owner/Contact Phone Architect/Contact Phone 04/14 06/14 Salud Family Health Center Fort Collins, CO 1,240,000 Salud Family Health Clinics 303-892-Wl TW Beck Architects 970-586-3913 Facility Addition Jeff Greenlee Thomas Beck 04/14 07/14 A/B Barley Research Greenhouse Fort Collins, CO 540,000 Anheuser-Busch Resources 970488-0389 Anheuser-Busch Resources 970488-0389 New Facility Michael Emrick Michael Emrick 04114 07/14 General Services Administration Fort Collins. CO 471,660 The Carrington Company 707-445-9601 Architecture Plus 970-493-1220 3rd Floor Tenant Finish Gabe Haggerman Shannon doyle 06/14 07/14 Council Bluffs, IA, Walmart 41965 Council Bluffs, IA 529,000 Wa1Mart Stores, Inc. 479-372-1226 Cyntergy Remodel Diane D'Angelo 07/14 07/14 Wichita, KS, Sams Club m6418 Wichita, KS 293,000 Walmart Stores, Inc. 479-204-0297 James A. Lastovica Architect Remodel Eric Bird 06/14 08/14 Falcon, CO, Walmart 94335 Falcon, CO 303,000 Walmart Stores, Inc. 479-426-0461 BRR Architecture Remodel Lannie Redden 06/14 08/14 120 Bockman Fort Collins, CO 1,230,000 Imago 970-226-6819 Vaught Frye Larson 970-224-1191 Exterior Retail Renovation Les Kaplan Chris Aronson 05/14 08/14 Poudre School Summer Construction Package Fort Collins, CO 2,71 1,000 Poudre School District 970-490-3750 Architecture Plus 970-493-1220 Renovations at 4 schools Tammie Knauer Tom Kalert 05/14 08/14 Naropa University Boulder, CO 2,200,000 Naropa University 303-245-4804 Caddis Architecture 303-443-3629 Nalanda Renovation Todd Kilburn Bryan Bowcn 04114 09/14 Fort Collins Country Club Fort Collins, CO 5,600,000 Fort Collins Country Club 970-482-1336 Marsh & Associates 720-266-2582 Addition and Renovations Phase I & II Scott Szymoniak Scott Albers 06/14 10/14 Green Lawn & Tree Care Cheyenne, WY 510,000 Green Lawn & Tree Care 307-634-2375 Gertsch-Baker Engineering 307-742-6116 New Facility Ben Trautwein Ted Gertsch 06/14 10/14 Fat Boys Tire Cheyenne, WY 2,060,000 Fat Boy Tire 307-632-1671 Farnsworth Group 309-663-8436 New Facility Kirk Lenhardt Eric Cluver 07/14 10/14 Anheuser Busch Brewery Experience Fort Collins, CO 2,000,000 Anheuser Busch 3I4-577-7324 Anheuser Busch 314-577-7324 New Tap Room Joe Dollar Joe Dollar 06/14 11/14 United Rental Cheyenne, WY 1,400,000 United Rental 307-432-7578 Gertsch-Baker Engineering 307-742-6116 New Facility Ben Trautwein Ted Gertsch 07/14 11/14 Woodward Engine Test Office Windsor, CO 500,000 Woodward Governor 970-498-3284 Ghafari Architecture 970-498-3284 Renovation Rick Nealeigh Rick Nealeigh 06/14 12/14 Industrial Piping Specialists Loveland, CO 3,700,000 Industrial Piping Specialists 918-437-9100 Hauser Architects 970-669-8220 New Distribution Facility Frank Church Alan Hauser 09/14 04/15 Cheyenne Laramie Beverage Office & Warehouse Cheyenne, WY 4,000,000 Cheyene laramie Beverage 307-631-2859 Gertsch-Baker Engineering 307-742-6116 New Facility Todd Lewis Ted Gertsch 09/14 04/15 Home Instead Senior Care Fort Collins, CO 900,000 Home Instead 970-494-0289 WG Architects 970493-2025 New Office Facility & Spec Core/Shell Mike Maguire Bob Gustafson 10/14 10115 Pederson Toyota Fort Collins, CO 6,500,000 Pederson Toyota 970-372-4185 AW Architects 303-788-1717 Retail Facility Expansion & Renovation Gerry & Mark Pederson Mark Bowers Total 36,687,660 No Text No Text No Text No Text No Text Project No: jA YEH & ASSOCIATES, INC Summary of Laboratory Test Results 28 - 201 Project Name: South Transit Center Date: 11 /23/2009 Sample Location Natural Moisture Content ° Natural Dry Density (pcf) Gradation Atterberg pH Water Soluble Sulfate ° %Swell (+) / Consoli- dation () Unconf. Comp. Strength R-VALUE CLASSIFICATION Boring NO. Depth (ft) Sample Type Gravel > #4 ° Sand (%) Fines < #200 ° LL PL PI AASHTO USCS TH - 1 2 CA 5.9 — 0 89 11 NV NP NP — — — — — A-2-4 ( 0 ) SP - SM TH-1 5 CA 5.7 — — — — — — — — — — — — — — TH - 1 10 CA 16.5 105.5 — — — — — — — — — — TH -2 3 CA 5.4 120.2 — — — — — — — — — — TH -2 5 CA 8.4 — 2 87 11 NV NP NP — 0.002 — — — A-2-4 ( 0 ) SP - SM TH-3 3 CA 10.9 111.8 — — — — — — — — — — — — TH -3 5 CA 12.9 109.4 — — — — — — — — — — — — — TH - 4 3 CA 12.0 100.4 — — — — — — — — -0.1 — — — — TH - 4 5 CA 11.6 107.8 1 50 50 NV NP NP — 0.004 — A - 4 ( 0 ) SM TH-4 10 CA 14.8 110.0 — — — TH -5 5 CA 10.2 103.2 — — TH -5 10 CA 6.7 103.7 5 68 27 32 18 14 — — — — — A-2-6 ( 0 ) SC TH - 6 5 CA 14.4 114.4 — — 73 34 14 20 -0.1 — — A - 6 ( 12 ) CL TH - 7 5 CA 15.1 115.4 — — 57 34 16 18 — 0.031 — — — A - 6 ( 7 ) CL TH - 8 5 CA 17.7 107.6 — — 78 43 13 30 — — -0.1 — — A-7-6 ( 22 ) CL Re. 3/02 Pay of 2 Project No: 28 - 201 jA YEH & ASSOCIATES, INC Summary of Laboratory Test Results Project Name: South Transit Center Date: 11/23/2009 Sample Location Natural Moisture Content Natural Dry Density Gradation Atterberg PH Water Soluble Sulf%ate ° /° Swell (+} / Consoli- dation (-) Unconf. Comp. Strength R-VALUE CLASSIFICATION Boring No. Depth (ft) Sample Gravel > #4 Sand ° Fines < #200 LL PL PI AASHTO USCS TH - 9 5 CA 10.2 107.2 0 75 25 26 14 12 — — — — — A-2-6 ( 0 ) SC TH - 10 5 CA 7.7 — — — 74 — — — — 0.007 — — — — TH - 11 5 CA 12.1 92.5 23 65 12 NV NP NP — — — — — A-2-4 ( 0 ) SP - SM TH - 12 5 CA 5.3 — 44 45 11 NV NP NP — 0.005 — — — A-1-b { 0 ) SP - SM TH - 13 5 CA 10.5 119.2 16 61 23 NV NP NP — 0.012 — — — A-2-4 ( 0 ) SM Composite 0-5 Bulk 14.7 — — — 59 35 15 20 — — — — 8 A - 6 ( 9 ) CL Rev 2 - 8102 Page 2 of 2 APPENDIX C- Pavement Design Calculations 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Flexible Structural Design Module 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus Stage Construction Calculated Design Structural Number Parking Lot Flexible Structural Design 36,500 4.5 2.3 80 % 0.44 3,337 psi 1 2.48 in Specified Layer Design Struct Drain Coef. Coef. Thickness Width Calculated Laver Material Description Ai Mi Di in ft SN in 1 HMA 0.44 1 6 12 2.64 Total - - - 6.00 - 2:64 Page 1 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Flexible Structural Design Module 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus Stage Construction Calculated Design Structural Number Parking Lot Flexible Structural Design 36,500 4.5 2.3 80 % 0.44 3,337 psi 1 2.48 in Specified Layer Design Struct Drain Coef Coef. Thickness Width Calculated Layer Material Description Ai Mi Di in ift-1 SN in 1 HMA 0.44 1 4 12 1.76 2 ABC 0.11 1 8 12 0.88 Total - - - 12.00 - 2.64 Page 1 Selected Completed Projects Year ProjectName/Type Location Contract Owner/Contact Phone Architect/Contact Phone 2014 Tri-State Energy Maintenance Building Burlington, CO 4,200,000 Tri-State Gen & Trans Asso. 303-254-3150 Gensler 303-595-8585 New Facility Ben Mayer Eric Blase 2014 NIX Farm Office Fort Collins, CO 1,240,000 City of Port Collins 970-221-6273 Aller Lingle Massey 970-223-1820 New Facility Ethan Cozzens Ian Shuff 2014 Iron Mt Testiing & Development Center Windsor, CO 3,400,000 Woodward Governor 970-498-3284 Ghafari Architecture 970-498-3284 Phase II Tenant Finish Renovation Rick Nealeigh Rick Nealeigh 2014 Wichita, KS. Wal-Mart 41507 Wichita, KS 585,000 Wal-Mart Stores, Inc. 479-633-5894 Law Kingdon Remodel Lannie Redden 2014 LaJunta, CO, Wal-Mart #1384 LaJunta, CO 520,000 Wal-Mart Stores, Inc. 479-426-0461 Law Kingdon Remodel Eric Everson 2014 Crete, NE, Wal-Mart #4322 Crete. NE 368,000 Wal-Mart Stores. Inc. 479-633-5894 Cyntergy Architecture Remodel Lannie Redden 2014 Wal-Mart Distribution Center#6019 Loveland, CO 1,700,000 Wal-Mart Stores, Inc. 479-866-1478 Galloway Parking Lot Expansion Wil Elshof 2014 COBiZ Bank Fort Collins. CO 240,000 COB17 Financial 303-383-6246 Acquilano Leslie, Inc. 303-893-5355 Remodel Keith Parker Ryan Dougouito 2014 Avago Technologies Fort Collins, CO 1,500,000 Avago Technologies 970-288-0344 CH2M Hill 503-872-4405 New Thermo Oxidizer Unit Paul Tanguay Paul Fujimoto 2014 Redtail Operations Center New Raymer, CO 1,800,000 Savory Holdings 303-886-7934 Allen Architecture New Facility Jim Savory 2013 Sam's Club #6430 Cheyenne, WY 1,947,000 Wal-Mart Stores, Inc. 479-366-9951 Harrison French & Asso. 479-366-9951 Retail Store Remodel John Holifield George Harrison 2013 Wal-Mart 7077 Wastewater Improvements Cheyenne, WY 550,000 Wal-Mart Stores, Inc. 479-866-1478 Carlson Consultants Renovation Wil Elshof 2013 Naropa University Boulder, CO 543,000 Naropa University 303-546-5284 Bryan Bowen Architects 720-318-8746 Pavilion Aaron Cook Bryan Bowen 2013 Salud Family Health Center Sterling, CO 840,000 Salud Family Health Clinics 303-892-6401 TW Beek Architects 970-586-3913 Facility Addition John Santistevan Thomas Beck 2013 CSU Housing Services Warehouse Fort Collins, CO 800,000 Colorado State University 970-491-0167 Vaught Frye Larson 970-224-1191 Free Standing Freezer/Cooler Shelly Carroll Jeff Hanson 2013 Minot Wal-Mart # 1636 Minot, ND 384,000 Wal-Mart Stores, Inc. 479-426-4296 Sinergy Restrooms Remodel Eric Everson 2013 Woodward Air Valve Test Lab Loveland, CO 2,700,000 Woodward Governor 970-498-3284 Ghafari Architecture 970498-3284 New Facility Rick Nealeigh Rick Nealeigh 2013 Bauder Elementary School Fort Collins, CO 1,490,000 Poudre School District 970-490-3610 Architecture Plus 970-493-1220 Remodel John Little Tom Kalert 2013 Fort Collins Transfort Vehicle Maintenance Fort Collins, CO 2,156,000 City of Fort Collins 970-221-6805 Aller Lingle Massey 970-223-1820 Facility Addition Ron Kechter Matt Newman 2013 Red Rocks Community College Lakewood, CO 1.300.000 Red Rocks Community College 303-914-6513 Yon Tanner Architects 303-691-8000 Environmental Training Center Addition Cathy Rock Cannon Yon 2013 Avago Technologies Fort Collins. CO 9,500,000 Avago Technologies 970-288-0344 CH2M Hill 503-8724405 New 4-story Clean Room Paul Tanguay Paul Fujimoto 2013 Wal-Mart Neighborhood Market #3177 Fort Collins, CO 5517,500 Wal-Mart Stores, Inc. 479-633-5894 Dennis D. Smith Architect 316-268-0230 Grocery Store Tenant Finish Gene Overlander Dennis D. Smith 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Rigid Structural Design Module Pavement Type 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability 28-day Mean PCC Modulus of Rupture 28-day Mean Elastic Modulus of Slab Mean Effective k-value Reliability Level Overall Standard Deviation Load Transfer Coefficient, J Overall Drainage Coefficient, Cd Parking Lot Rigid Structural Design JPCP 54,750 4.5 2.3 650 psi 3,400,000 psi 50 psi/in 80 % 0.34 3.2 1 Calculated Design Thickness 4.06 in Page 1 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Flexible Structural Design Module Bus Access Lanes 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus Stage Construction Calculated Design Structural Number Flexible Structural Design 2,285,309 4.5 2.3 80 % 0.44 3,337 psi 1 4.58 in Specified Layer Design Struct Drain Coef. Coef. Thickness Width Calculated Laver Material Description Ai Mi Di in Lft-1 SN in 1 HMA 0.44 1 10.5 12 4.62 Total - - - 10.50 - 4.62 Page 1 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Flexible Structural Design Module 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus Stage Construction Calculated Design Structural Number Bus Access Lanes Flexible Structural Design 2,285,309 4.5 2.3 80 % 0.44 3,337 psi 1 4.58 in Specified Layer Design Struct Drain Coef. Coef. Thickness Width Calculated Layer Material Description (Ai)Mi Di in D SN in 1 HMA 0.44 1 7 12 3.08 2 ABC 0.11 1 14 12 1.54 Total - - - 21.00 - 4.62 Page 1 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Rigid Structural Design Module Pavement Type 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability 28-day Mean PCC Modulus of Rupture 28-day Mean Elastic Modulus of Slab Mean Effective k-value Reliability Level Overall Standard Deviation Load Transfer Coefficient, J Overall Drainage Coefficient, Cd Bus Access Lanes Rigid Structural Design JPCP 5,335,891 4.5 2.3 650 psi 3,400,000 psi 50 psi/in 80 % 0.34 3.2 1 Calculated Design Thickness 8.80 in Page 1 EXHIBIT 1 — QUESTIONS & ANSWERS 1. Has the city submitted the drawings for permit? No 2. If yes to question #1 did the city pay the plan check fee and Poudre Fire Authority Fee? No 3. Is the city paying for the permit fees or does the general contractor carry these? City will pay for permit fees. General Contractor must pull permit. 4. What is the anticipated start dated? October 1, 2014 5. Is the contractor carrying builders risk? Yes. Awarded contractor must name the City as an additional insured and provide the certificate with the contract documents. 6. Summary of Work, 1.02, B states Landscaping provide unit price per plant. The bid form does not include a unit price sheet with the bid form. Is this unit pricing part of the bid? Remove "provide unit price per plant". The drawings include a landscape plan and representative plant list and are part of the lump sum bid. 7. Is testing required and is the City paying for it? I would only see the concrete being tested. Yes, testing will be paid for by the City but the contractor must coordinate with CTL Thompson. Addendum 2 -7675 South Transit Center — Bike Shelter Addition Page 2 of 2 Selected Completed Projects Year Project Name/Type Location Contract Owner/Contact Phone Architect/Contact Phone . 2013 Houska Automotive Fort Collins, CO 1,095,000 Houska Automotive 970-482-0156 Hauser Architects 970-669-8220 Tire and Lube Warehouse Dennis Houska Alan Hauser 2012 Avago Technologies Fort Collins, CO 1,600,D00 Avago Technologies 970-288-0344 CH2M Hill 503-872-4405 Solvent Storage Facility Paul Tanguay Paul Fujimoto 2012 Johnstown Public Works Facility Johnstown, CO 2.215,400 Town of Johnstown/RKG. Inc. 970-481-0716 Hauser Architects 970-669-8220 New Municipal Facility Kevin Gibbs Alan Hauser 2012 Laramie FMS No. 2 (LEER Silver Pending) Laramie, Wyoming 10,669,000 Wyoming Military Department 307-772-5477 Pouppirt Architects 307-778-8236 New Facility Construction William Merrill Rande Pouppirt 2012 Avery Block, 2 Phases Fort Collins, CO 550,000 Palmer Properties 970-204-4000 SlatterPaull Architects 303-222-0226 Historic Retail Fapade Renovation Spiro Palmer Melanie Short 2012 Avago Technologies Fort Collins, CO 9,400,000 Avago Technologies 970-288-0344 CH2M Hill 503-872-4405 4-story Clean Room Expansion Paul Tanguay Paul Fujimoto 2012 Poudre Downtown Public Library Fort Collins, CO 2,875,000 Poudre Library District 970-631-6664 OL Architecture 303-495-9788 Renovation and Additions Ken Draves Kate Fields 2012 Steamboat Restaurant Cheyenne, WY 600,000 Redco 307-630-0543 Pouppirt Architects 307-778-8236 New Restaurant Tenant Finish Ryan Gertsch Rande Pouppirt 2012 Boy Scouts Retail Store Loveland, CO 65,500 Boy Scouts of America 970-584-2222 BSA Retail Planning & Dev 704-231-9994 Retail Store Remodel John Coleman Doug Williamson 2012 Sam's Club #6633 Fort Collins. CO 1,300,000 Wal-Mart Stores, Inc. 479-586-6082 Alternatives in Engineering 636-398-5288 Retail Store Remodel Aaron Womack James Spaulding 2012 Houska Automotive Fort Collins. CO 600,000 Houska Automotive 970-482-0156 Hauser Architects 970-669-8220 Factory/Motor Parts Wholesale Warehouse Dennis Houska Alan Hauser 2011 Coyote Ridge Elementary School Fort Collins, CO 716,800 Thompson School District 970-613-5140 Bennett, Wagner & Grody 303-623-7323 Classroom Addition Project Michael Martens Jennifer Song Koeppe 2011 Super Vac Manufacturing Fort Collins. CO 2.000,000 Super Vac Manufacturing 970-420-0606 Architecture West 970-207-0424 Manufacturing Facility Renovation Ron Weinmeister Steve Steinbecker 2011 Wal-Mart #2656 Espinola, NM 609,855 Wal-Mart Stores, Inc. 479-426-5975 CM Architecture 817-877-0044 Retail Store Remodel Todd Guin 2011 Buckley AFB FamCamp Aurora. CO 1.913,600 Buckley AFB, 460th CONS 720-847-9953 Merrick 720-847-9953 Recreational Campground 'Thomas Manning 2011 Sam's Club #8165 Sioux Falls, SD 1,934,000 Wal-Mart Stores, Inc. 479-586-3634 PB2 Architecture 479-636-3545 Retail Store Remodel Rick Hayes Mike Phillips 2011 Monarch K-8 Preschool Addition Louisville, CO 852,550 Boulder Valley School District 720-561-5591 RTA Architects 719-867-7061 Facility Addition Rex Hartman Rick Taves 2011 Wal-Mart #1273 Fountain, CO 1,018,600 Wal-Mart Stores, Inc. 479-531-2666 Shade Lawerence O'Quinn 214-749-0626 Retail Store Remodel Marcellus Moses Shade L. O'Quinn 2011 Wal-Mart #1538 Brookings, SD 1,195,000 Wal-Mart Stores, Inc. 479-586-3634 Dennis D. Smith Architects 316-268-0230 Retail Store Remodel Rick Hayes Dennis Smith 2011 Sam's Club #4745 Thornton, CO 1,513,456 Wal-Mart Stores, Inc. 479-586-6673 Harrison French & Asso. 479-273-7980 Retail Store Remodel Mark Barkley Amy Hamilton 2011 King Soopers #99 Fort Collins, CO 5,457,632 King Soopers 303-778-3100 Pickering Firm, Inc. 901-729-5520 New Grocery Store Eric Sailor Brad Schmiedicke 2011 J.P. Morgan Chase Bank Fort Collins, CO 970,280 J.P. Morgan Chase 303-244-3038 CLC Associates, Inc. 303-770-5600 New North College Branch Heather Beattie Kris Saline Previous Positions: McDonnell Douglas Corp Manager/Structural Analysis Rockwell International Structural Design/Analysis Randall J. DeMario Principal/President i Heath Construction All you imagine. o 22 Years with Heath Construction a 22 Years in Construction m B.S. Structural engineering Southern Illinois University * AGC of Colorado, Board President, 2010 * AGC of America, Board of Governors 2013 - 2014 Randy came to Heath from the aerospace industry - a dynamic business in which fast-moving companies apply imagination and technology every day to create new possibilities for themselves and their customers. This is the creative philosophy that Randy has applied to Heath Con- struction. While so many other construction companies in Northern Colorado have resisted change, this successful, family -owned company has evolved into an employee -owned, regional leader in construction. "We're a progressive company with big ideas. We believe that construc- tion is all about people - all the people who conceive your project and join in building it. And all the people who will live with it for years to come. "When you're ready to entrust your vision to a construction company, we believe you deserve to work with individuals who are at the top of their profession. That's why we employ so many of the most talented and dedicated professionals in the region. And that's why were invest- ing so heavily to make our people even more successful on every project they take on - including yours." AC")?" DATE (MMIDDfYYY Y) CERTIFICATE OF LIABILITY INSURANCE 09/03/2 14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-303-534-4567 IMA, Inc. - Colorado Division CONTACT NAME: PHONE FAX C o xt : No' E-MAIL ADDRESS: denpam_®imacorp.com 1705 17th Street INSURERS AFFORDING COVERAGE NAIC # Suite 100 Denver, CO 80202 INSURER A: PHOENIX INS CO(Travelers) 25623 INSURED INSURERB: TRAVELERS IND CO 25658 INSURER CAMERICAN GUAR &.LIAB INS(Zurich North 26247 Heath Construction, LLC INSURER D: PINNACOL ASSUR" 41190 141 Racquette Dr INSURERE: ZURICH AMER INS CO(Pinnacol Assurance) 41190 Fort Collins, CO 80524 INSURER F COVERAGES CERTIFICATE NUMBER: 41325420 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I T R LTR TYPE OF INSURANCE ADDL S SUER POLICY NUMBER MMf IDYL XP MMIDD�YY LIMITS A GENERAL LIABILITY DTC0325D325APHX14 04/30/1 04/30/15 EACH OCCURRENCE $ 2,000,000 XDAMAGE COMMERCIAL GENERAL LIABILITY TO RENTED PREMISES Ea occurrence $ 300,000 MEO EXP (Anyone person) $ 10,000 CLAIMS -MADE a OCCUR PERSONAL &ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GE_N'LAGGREGATELIMIT APPLIESPER: PRODUCTS-COMP/OPAGG S4,000,000 $ X POLICY PRO- LOC E AUTOMOBILE LIABILITY DT81032SD325AIND14 30 1 04 30 15 COMBINED SINGLELIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ X ANYAUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS E AUTOS PROPERTY DAMAGE Per accident $ $ C X UMBRELLA LIAB X OCCUR AUC596783906 04/30/1 04/30/15 EACH OCCURRENCE $ 10,000,000 AGGREGATE S 10, 000, 000 EXCESS LIAB CLAIMS -MADE DED I RETENTION $ $ D E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECU I IVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A 3096125 WC969178403 - KS, NE, UT 10/O1/1 10/01/1 10/01/14 10/01/14 X OCY STATIMUS OEH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD t01, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER C:ANGtLLAI IUN For Information Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) zmsamar © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Heath construction Five Year Litigation History Heath Construction filed law suits or requested arbitrations with regard to construction contracts within the last five years: Case R.C. Heath Construction Co, vs. Fisher Mechanical Contractors, Inc. Number 2010CV1131, District Court, Weld County, CO Ruling Filed November 8, 2010 Project Platteville/Gilcrest Fire Station, constructed in 2008 Nature of Suit Underground piping construction defect. Resolution Heath Construction received a favorable ruling. Case R.C. Heath Construction Co. vs. Fortunato Insulation, Inc. Number 2010 CV453, District Court, Larimer County, CO Ruling Filed April 26, 2010 Project Thunder Mountain Harley/Davidson Retail Center, constructed in 2004 Nature of Suit Product defect in applied foam insulation in exterior wall. Resolution Heath Construction received a favorable ruling. Outstanding claims, suits or judgments against Heath Construction Pending Arbitration SRB Acoustics. Heath Construction was the general contractor for the renovation construction in a Wal-Mart Super Center in Fort Collins, CO. SRB Acoustics was the ceiling sub -contractor for Heath on the project. A dispute arose concerning failure of SRB Acoustics to properly install a fire -rated ceiling per the specifications of the plans. Pursuant to a mandatory arbitration provision in Heath's sub -contract with SRB, on October 2, 2013, the Court stayed the action to foreclose a mechanic' lien, breach of contract and unjust enrichment on behalf of SRB and subcontractors, pending arbitration. Arbitration has been scheduled for Fall 2014. Heath Construction . P.O. Drawer H . 141 Racquette Dr.. Fort Collins, CO 80522 . Office: 970.221.4195 • Fax: 970.221.2907 • www.heathconstruction.com SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 5% of the contract. ITEM SUBCONTRACTOR DEPARTMENT OF TRANSPORTATION BIDDERS LIST Project Name and Number I Project Code Proposal Date Contractor Region Bid No, 7675- South Transit Center -Bike Shelter Additio 9 9/3/2014 Heath Construction, LLC Subcontractors/Suppliers/Vendors: The bidder must list all firms seeking to participate on the contract. This information is used by the Colorado Department of Transportation (CDOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to submit this form may result in the proposal being rejected. Firm Name Email Work Proposed DBE I Selected (Select all that apply) (Y/N) (Y/N) 11 certify that the information provided herein is true and confect tgf ke besLof my knowledge. 1 Name Kandall J. UeMano Signature/lnitiaTFA-f / (''jI IV nTitle president (Date 9/31141 Work Proposed Categories: 1. Materials and Supplies 2. Flagging and Traffic Control 3. Trucking and Hauling 4 Precast Concrete. Foundations. and Footings 5 Concrete Paving. Flahvork and Repair 6 Lighting and Electrical 7 Signs. Signal Installation, and Guardrail 8, Fencing 9 Buildings and Vertical Structures f0 Utility. Water and Seiver Lines form must be submitted by the If, Slructural Steel bnd SVel Reinforcement 12. Riprap and Anchored Retaining Walls 13. Landscape and Erosion Control 14. Bridge and Bridge Deck Construction 15. Asphalt Paving 16 Road and Parking Lot Harking 17 Chip Seal, Crack Seat Joint Seal and Crack Fill 18. Bridge Painting and Coating t9. Stain;ay and Ornamental Afetal 20. Parking Lots and Commercial Sidewalks deadline. For CDOT projects, submit to cdot 21 Clearing, Demolition. Excavation and Earthwork 22. Engineering and Surveying Services 23. Public Relations and Involvement 24. Piles and Deep Foundations 25 Waste illanagement and Recycling 26. Site Clean Up 27, P.techanical and HVAC 28. Tunnel Construction 29. Profiling and Grinding 30. Environmental Health and Safety COOT Form #1413 01 /14 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Heath Construction, LLC Project: South Transit Center - Bike Shelter Additio Contact Randv DeMario Project Code: 9 Phone: 970-221-4195 Date of Proposal: 9/3/2014 Email. randy@heathconstruction.com Contract Goal: 11% Preferred Contact Method: phone Region: DBE Commitments DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation Total Eligible Participation o Total Bid Amount Total Eligible Participation Percentage Bidder Signature This section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following: CDOT shall not award a contract until it has been determined that the contract goal has been met or that you have otherwise demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the approval of CDOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal. erformed and that their eligible participation It is your responsibility to ensure that the selected DBEs are certified for the work Fing )e"gible has been properly counted. For additional information and instructions on calcui participation, see the Standard Special Provision Disadvantaged Business Enterprise Requirements. Randall J. DeMario President 9/3/2014 Name Title Signature Date This form must be submitted by the proposal deadline. For CDOT projects sublhit to Aot rhq_dbeforms@state.co.us. Civil Rights and Business Resource Center CDOT Form # 1414 01/14 BUY AMERICA The contractor agrees to comply with 49 U.S.C. 53230),and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) an t applicable regulations in 49 C.F.R. Part 661.5. Date U/J/ u14 Signature Company Name Title President Construction, LLC Certificate of Non -Compliance with 49 U.S. C. 53236)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date 9/3/2014 Signature Company Name Heath Construction, LLC Title President Certification requirement for procurement of buses, other rolling stock and associated equipment Certificate of Compliance with 49 U.S.C. 53236)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S.C. 53236)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act Of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-66 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING PART 1 - Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100, 000) PART 2 - The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of F6rt of �Purthas�ing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7675: South Transit Center - Bike Shelter Addition OPENING DATE: 3:00 PM (Our Clock) September 3, 2014 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 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in as follows: 1. Delete all LEED References All references to LEED are removed from the project plans and specifications. There are no LEED requirements for this project. SECTION PART DELETE REFERENCE 02750 Decorative Concrete 1.02 Related D. Section 01015 — LEED Paving Sections Requirements 02750 Decorative Concrete 1.04 Submittals B. LEED Submittals Paving 02870 Site Furnishings 1.02 Related C. Section 01015 — LEED Sections Requirements 02870 Site Furnishings 1.06 Quality C. LEED Compliance Assurance 02920 Lawns and Grasses 1.2 Summary B.9. Section 01015 — LEED Re uirements 02920 Lawns and Grasses 1.4 Submittals B. LEED Submittals 02930 Exterior Plants 1.2 Summary B.1. Section 01015, LEED Re uirements 02930 Exterior Plants 1.4 Submittals B. LEED Submittals 2. Delete Maintenance Agreement SECTION PART DELETE REFERENCE 02935 Plant Maintenance 1.01 Scope B. The Contractor shall be required (by this contract) to enter into a separate maintenance agreement and the terms of that maintenance agreement spelled out in these project specifications. 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 ENCLOSED WITH THE BID/QUOTE STATING THAT THIS RECEIVED. A WRITTEN STATEMENT ADDENDUM HAS BEEN Addendum 1 -7675 South Transit Center — Bike Shelter Addition Page 1 of 1 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, Heath Construction, LLC, certifies or affirms the truthfulness and accuracy of e c statement of its certification and disclosure, if any. In addition, the Contractor understands nd rees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and Signature of Contractor's Authorized Official Randall J. DeMario, President Name and Title of Contractor's Authorized Official 9/3/2014 Date SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: September 24, 2014 TO: Heath Construction LLC PROJECT: 7675 South Transit Center - Bike Shelter Addition OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated September 3, 2014 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7675 South Transit Center - Bike Shelter Addition. The Price of your Agreement is Two Hundred Twenty -Four Thousand Seven Hundred Sixty Dollars ($224,760). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by October 10, 2014. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the ContraA Documents attached. OWNER Gerry S. Paul Director of Purchasing & Risk Management SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 24th day of September in the year of 2014 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Heath Construction LLC (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7675 South Transit Center - Bike Shelter Addition and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Aller Lingle Massey. The Operations Services Department is hereinafter called ENGINEER and will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within eighty-four (84) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within seven (7) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Two Hundred Dollars ($200) for each calendar day or fraction thereof that expires after the eighty-four (84) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Hundred Dollars ($100) for each calendar day or fraction thereof that expires after the seven (7) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Two Hundred Twenty -Four Thousand Seven Hundred Sixty Dollars ($224,760), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: G0.0 Cover Sheet C5.0 Bike Shelter Addition L3.0 Landscape Plan LS5.0 Site Layout Plan A4.0 Bike Shelter E4.2 Power and Systems Plan The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: Cl F FO CQkLINS By: GERRY PAUL DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date Attes Addri P. O. Box 580 Fort Collins, CO 80522 HEATH CONSTRUCTION LLC PRINTED r Title: -Pu;�" Date: 2ot f Attest: (CORPORATE SEAL) A pr ved as to Orm Address for giving notices: � L A-ssVtant City Attorney License No.: SECTION 00530 NOTICE TO PROCEED Description of Work: 7675 South Transit Center - Bike Shelter Addition To: Heath Construction LLC This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 20 and , 20_, respectively. City of Fort Collins OWNER M Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20_ CONTRACTOR: Heath Construction LLC Title: SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 Federal Terms & Conditions Davis Bacon Wage Rates 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS SOILS REPORT i SECTION 00610 PERFORMANCE BOND Bond No, 106153229 KNOW ALL MEN BY THESE PRESENTS: that Heath Construction, LLC 141 Racquette Drive, Fort Collins, CO 80522 (ar►diuidu); (a Raers+p), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Travelers Casualty and Surety Company of Arnerica (Address) One Tower Square, Hartford, CT 06183 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Two Hundred Twenty -Four Thousand Seven Hundred Sixty Dollars ($224,760) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 24th day of September, 2014, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7675 South Transit Center - Bike Shelter Addition. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is execut n three (3) counterparts, each one of which shall be deemed an original, this 30th day f �e tember .2014. IN PRESENCE OF: Princ al e Cons tion, LLC Attest: By: By: (Title) (Title) (Corporate Seal) 141 Racquette Drive, Fort Collins, CO 80522 (Address) IN PRESENCE OF: IN PRESENCE OF: it e iwLUU� Michele K. Delimont (Surety Seal) Other Partners By: NIA By: Surety Travelers Cas�uallt'y and SureAQd ty Company of America By: ",j ilip J. NTnasch, Attorney-in-l-act One Tower S uare, Hartford, CT 06183 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. IMA 11705 17th Street, Suite 100 Denver, CO 80202 Phone 303.534.4567 SECTION 00615 PAYMENT BOND Bond No. 106153229 KNOW ALL MEN BY THESE PRESENTS: that Heath Construction, LLC 141 Racquette Drive, Fort Collins, CO 80522 (-af-kidivid-u,a}}-(ef'-artnet-sNp), (a Corporation), hereinafter referred to as the 'Principal" and (Firm) Travelers Casualty and Surety Company of America (Address) One Tower Square, Hartford, CT 06183 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins 300 Laporte Ave. Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Two Hundred Twenty -Four Thousand Seven Hundred Sixty Dollars ($224,760) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 24th day of September, 2014, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7675 South Transit Center - Bike Shelter Addition. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, th" th day of September , 2014. IN PRESENCE OF: Attest: By: (Title) (Corporate Seal) IN PRESENCE OF: N/A Michele K. Delimont (Surety Seal) , LLC By: (Title) 141 Racquette Drive, Fort Collins, CO 80522 (Address) Other Partners By: N/A By: Surety Travelers Casualty and Surety Company of America By: o a a-d U- P lower lip J. Mo rich, Attorney -in -Fact One Square, Hartford, CT 06183 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. QiA I1705 17th Street, Suite 100 Denver, CO 80202 Phone 303.534.4567 WARNING: THIS POWER OF ATTORNEY IS I ,d1W POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 226270 Certificate No. 005602629 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Robert L. Cohen, Sheryl] Shaw, Sarah Finn, Nicole L. McCollam, Robert J. Reiter, Sue Wood, Bradley J. Jeffress, Kristen L. McCormick, Michael Lischer Jr., Philip J. Monasch, and Jessica Talbot of the City of Denver , State of Colorado , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of August 2013 16th Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company ASU \0.E 4 'N I// �J,/ I' ry3�.'h. ATV ANO yam• Y �oPP�ogr �i � e- �' QO\.`y sG� f JpY•��R9�� uJP OL 3•�� �� �y,�,,�.co �> • ! S s � HRflTF6RD. r1 FO .G � Cl $ •"'�'+NWTED � T 't RPOR t. m WiGOpPORATf=.,Ci^� 9 � � I e t 9 s z o 1977 ; z a HRrtrFORo, t ! t :ys$'y 1951 Jt•SE ALio">t�SSEAL 'o; C.ONN. n qs,\ CONM• JY. a State of Connecticut City of Hartford ss. By: '44a� Robert L. Raney, enior Vice President On this the 16th day of August 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. er*(40 In Witness Whereof, I hereunto set my hand and official seal.My Commission expires the 30th day of June, 2016. Mane C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: WITHOUT THE RED IS INVALID WITHOUT THE This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity, and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 30thday of September 20 14 Kevin E. Hughes, Assistant Sec tary � r,I.SU,���` � rFtRE 6 f O\*���(/9 JpY INSUg4 JPItY R/y°J t%0 --•'4 .i11 +"Y� C O��r �' � �P � �RP°R f 4 i • 1° P G Y� 1982 0 195 SE AL n y WrY1 P in 1896 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. CERTIFICATE OF LIABILITY INSURANCE ATE D10/06/201/DD/Y4 10/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-303-534-4567 IMA, Inc. - Colorado Division CONTACT NAME:PHONE FAX A/C No): _jA/C Ng. Ext : (,C. _ E-MAIL denpam@imacorp.com ADDRESS: P p.com 1705 17th Street Suite 100 Denver, CO 80202 INSURERS AFFORDING COVERAGE NAIC# INSURER A: PHOENIX INS CO(Travelers) 25623 INSURED Heath Construction, LLC INSURER B: TRAVELERS IND CO 25658 INSURER CAMERICAN GUAR & LIAB INS(Zurich North 26247 INSURERD: ZURICH AMER INS CO (Pinnacol Assurance) 16535 PO Drawer H INSURERE: PINNACOL ASSUR 41190 Fort Collins, CO 80522 INSURER F ULJV1KA1il-5 CFHiTIFICATF NIIMRFR 417b9926 DF\/ICInlid NIIIM[2CD- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY) POLICY EXP (MM/DD/YYYY LIMITS A GENERAL LIABILITY DTC0325D325APHX14 04/30/1 04/30/15 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fi-I OCCUR DAMAGE TO RENTED PREMISES Ea occurrenceI $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY X PRO- LOC $ B AUTOMOBILE LIABILITY DT810325D325AIND14 04 30 1 04/30/15 COMBINED SINGLE LIMIT Eaaccident 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Pidt (Per accident) $ X NON -OWNED HIRED AUTOS FAUTOS PROPERTY D DAMAGE Per accident $ $ C X UMBRELLA LIAB X OCCUR AUC596783906 04/30/1 04/30/15 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ D E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? N❑ N / A WC969178404 - Other Stat 3096125 - CO s10/O1/1 10/01/1 10/01/15 10/01/15 X WC STATUS OTH- T E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Fort Collins and State of Colorado are included as Additional Insureds on the General and Automobile Liability Policies if required by written contract or agreement and with respect to work performed by Insured subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION RE: 7675 South Transit Center - Bike Shelter Addition. City of Fort Collins 100 Laporte Ave. Fort Collins, CO 80522 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD njones2014 41769926 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7675 South Transit Center - Bike Shelter Addition PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Heath Construction LLC CONTRACT DATE: September 24, 2014 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO OWNER Z4"T GL416101 By: AUTHORIZED REPRESENTATIVE DATE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE ,20 TO: Heath Construction LLC Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Heath Construction LLC for the City of Fort Collins project, 7675 South Transit Center - Bike Shelter Addition. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated September 24, 2014. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 20_ Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: SECTION 00020 INVITATION TO BID SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Heath Construction LLC (CONTRACTOR) PROJECT: 7675 South Transit Center - Bike Shelter Addition The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20_ CONTRACTOR: HEATH CONSTRUCTION LLC M Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_ by Witness my hand and official seal. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Heath Construction LLC PROJECT: 7675 South Transit Center - Bike Shelter Addition CONTRACT DATE: September 24, 2014 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (S u rety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , 20 (Surety Company) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) A• DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partneror corporate name. Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number: Business telephone number: Colorado withholding tax account number Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year I construction start date completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are sho%m by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTF,NTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS ....................:........... ........... ..,,. ...... 1 1.1 Addenda.............................................1 L2Agreement ..............................-...........1 1.3 Application for Payment ...................... 1 L4Asbestos .......................... ..............1 1.5 Bid.....................................................1 1.6 Bidding Documents ..............................1 1.7 Bidding Requirements_. ...................... I l.8 Bonds.................................................1 1.9 Change Order, ... .............. ........... 1,10 Contract Documents,,,,,,,,,,,,,,,,,,,, l 1.11 Contract Price.....................................1 1.12 Contract Times ............. ....................... 1 1.13 CONTRACTOR..................................1 1.14 defective.............................................3 1.15 Drawings............................................1 1,16 Effective Date of the 1.17 ENGINEER. . ....................................... 1 1.18 ENGINEERs Consultant ......................1 1,19 Field Order.........................................1 1,20 General Requirements... ...................... 1.21 Hazardous Waste. ...... ........ L22.a Laws and Regulations; Laws or Regulations .................. .................... ? 1.22.b Legal Holidays, ................................... 2 1.23 Liens..................................................7 1.24 Milestone ...... ......................... ......... _2 1:25 Notice of Award,,,__,_,_,,,_......,_2 1,26 Notice to Proceed.................................2 1.27 OWNER ............................. ...... .......... Z 1.28 Partial Utilization ..........:.................... 2 129 PCBs ............ .... .................................. ? 1.30 Petroleum...........................................2 1.31 Project.. ._._..._............ ._..... 1.32.a Radioactive Material,...._.....................2 1.32.b Regular Working Hours ....................... 2 1.33 Resident Project Representative ......... _2 1.34 Samples..............................................2 L35 Shop Drawings...................................2 1.36 Specifications.....................................2 1.37 Subcontractor............................I........2 1.38 Substantial Completion ...................... 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,,, 2 1.40 Supplier ...................................... 2 1.41 Underground Facilities......................2-3 L42 Unit Price Work ........................ ......_... 3 1.43 Work..................................................3 1.44 Work Change Directive ......................3 1.45 Written Amendment ........................... Page Number 2. PRELIMINARY MATTERS .......... ............ ......._.3 2.1 Delivery of Bonds ........................... 3 2.2 Copies of Documents ........................3 2.3 Commencement of Contract Times; Notice to Proceed,,,-.,-„_..._. 3 2.4 Starting the Work., .......... ........... 3 2.5-2.7 Before Starting Construction; CONTRACTORS Responsibility to Report; Preliminary Schedules; Delivery of Certificates of Insurance.........- _..-...... - 3-4 2.8 Preconstruction Conference ............. 4 2.9 Initially Acceptable Schedules ........._4 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE... .................... .... ........ 4 3.1-3.2 Intent........ _.............. _....................4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 intent of Certain Terms or Adjectives..... I ....... .. . ..... I...... ............... 5 3.5 Amending Contract Docan ents „......5 3.6 Supplementing Contract Documents 5 3.7 Reuse of Documents.,, ..... ................ 5 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS, 4.1 Availability of Lands ,,,,,,,,,,,,,,,,,,,,,$$ 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawings ......................0 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data............................................ 6 4.2.3 Notice of Differing Subsurface or Physical Conditions ,,,,,,,,,,,,,,,,,,G 41A ENGINEERS Review .......................¢ 4.2.5 Possible Contract Documents Change.........................................6 4.2.6 Possible Price and Times Adjustments ...... ............... ..........G-7 4.3 Physical Conditions --Underground Facilities ....................................... 7 4.3.1 Shown or Indicated._. ......... 7 4.3.2 Not Shown or Indicated,,,,,,,,,,,,,,,,,,, 7 4.4 Reference Points...............................7 EIC )C GENERA[. CONDITIONS 1910.8 (1990 EOI.I7ON) w/ CITY OF FORT COLLINS MOI)MCATIONS (REV 9/99) Article or Paragraph page Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material -.7-8 5, BONDS AND INSURANCE 5.1-5.2 Performance, Payin ent and Other Bonds 8 5.3 ... ... .... I .... .......... .................. Licensed Sureties and Insurers; Certificates of Insurance 5A CONTRACTORs Liability Insurance 9 5.5 OWNERs Liability Insurance ...............9 5.6 Property Insurance, ............... ......... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance.._ 10 5.8 Notice of Cancellation Protision 10 5.9 CONTRACTORs Responsibility for Deductible Amounts. ................... 10 5,10 Other Special Insurance ................. ...10 5.11 Waiver of Rights....... I ........................ 11 S 12-5,13 Receipt and Application of Insurance Proceeds ..................... JO-1 1 5,14 Acceptance of Bonds and Insix- ance; Option to Replace ...................1I 5.15 Partial Utilization --Property Insurance 11 6. CONTRACTOR'S RESPONSIBILITIES...............11 6,1-6-2 Supervision and Superintendencq ....... 11 6.3-6.5 Labor, Materials and Equipment— 11-12 6.6 Progress Schedule ..............................12 6.7 Substitutes and "Or -Equal" Items. CONTRACTORs Expense-, Substitute Construction Methods or Procedures; ENGINEER's Evaluation 12-13 68-6 11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights.. . ... _ ............... 13-14 6,12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,, 14 4.13 Permits___ ..... ...... ......................... 14 6.14 Laws and Regulations ....................... J4 6.15 Taxes .................................... 14-15 6.16 Use of Premises 15 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading .....................15 6.19 Record Documents ............................. J5 6,20 Safety and Protection.. ..... ___ ....... 15-16 6.21 Safety Representative ......................... J6 6.22 Hazard Communication Programs,,,_.. 16 6.23 Emergencies... .................................. 16 6.24 Shop Drawings and Samples ..............16 ff Article or Paragraph Page Number &Title Number 6,25 Submittal Proceedures-, CON- TRACTOR!s Review Prior to Shop Drawing or Sample Submittal...' ........ ... 1 ..... I—— ... 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER .... _ 16-17 6.27 Responsibility for Variations From Contract Documents 17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals............_ ..... ... ... ...... 17 6.29 Continuing the Work.....__,._.,..,_, ....17 630 CONTRACTORs General Warranty and Guarantee ..............17 6.31-6,33 Indemnification 6.34 Survival of Obligations ................... IS 7. OTHER WORK 18 7.1-73 Related Work at Site IS 7-4 Coordination ... ................ ............ IS OWNFR!S RESPONSIBILITIES 18 81 Comm unicati ons to CON- TRACTOR 18 8,2 Replacement of ENGINEER ............ 18 8.3 Furnish Data andPay Promptly When Due 18 8.4 Lands and Easements-, Reports and Tests 8.5 Insurance.., 8.6 Change Or Chan Sa 8.7 Inspections, Tests and Approvals............ I ......................19 S'S Stop or Suspend Work; Terminate CONTRACTORs Services 19 8.9 Limitations on OWNER'S Responsibilities, ...... ................... J9 8,10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material...................; j9 8.11 Evidence of Financal Arrangements ........................ ._19 9. ENGINEERS STATUS DT)TJNG CONSTRUCTION 9.1 OWNERS Representative...............19 9.2 Visits to Site 19 9_4 Project Representative * 19-21 9.4 Clarifications and Interpre- tations 21 9.5 Authorized Variations in V&k.... ... 21 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) vv/ CITY Of FORT COLLINS MODIFICATION', (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number &: "fitic Number Number &: Title Number 9.6 Rejecting Defective Work ,,,,,,,,,;,,,,,.„„21 9.7-9.9 Shop Drawings, Change Orders and Payments....................................21 9.10 Determinations for Unit Prices,_._. 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial InterpretcS.............22 9.13 Limitations on ENGINEER's Authority and Responsibilitie$,,,, 22-23 CHANGES IN THE WORK ....................................... 23 10.1 OWNEWs Ordered Change.................73 14. 10.2 Claim for Adjustment... ...................... 23 10.3 Work Not Required by Contract Documents ..................................... 23 10.4 Change Orders..................................23 10.5 Notification of Surety .............. ,....... _,23 CHANGE OF CONTRACT' PRICE .............................23 11.1-113 Contract Price; Claim for Adjustment; Value of the Work..-...- ................ 23-24 11 A Cost of the Work ........................... 24-25 11.5 Exclusions to Cost of the Work..,,,,,.,, 25 11.6 CONTRACTOR's Fee ..... ....... ,,,,,,....„25 11.7 Cost Records................................125-26 11.8 Cash Allowances...............................26 11.9 Unit Price Work................................26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment... ..................... 26 12.2 Time of the Essence M 12.3 Delays Beyond CONTRACTORS Control_._, . ................... ......... 26-27 12.4 Delays Beyond OWNF,R's and CONTRACTOR's Control................27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE Or DEFEC77PE WORK ......._......... ...............................77 13.1 Notice of Defects.................„.............27 13.2 Access to the Wort , ............... ............. 27 13.3 Tests and Inspections; CONTRAC I'OR's Cooperation .......... 27 13.4 OWNERS Responsibilities; Independent Testing Laboratory,,,„,,, 27 13.5 CONTRACTOR's Responsibilities ........................... 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval„ ................ 7 13.8-13.9 Uncovering Work at ENGI- NEER's Request_ ................... 27-28 13.10 OWNER May Stop the Work ........ -28 13.11 Correction or Removal of Defective Work .......................... 2S 13.12 Correction Period.„.........................28 13.13 Acceptance of Defective Work„_ ...... 28 13.14 OWNER May Correct Defective Work ..................................... 2 8 -29 PAYMENTS TO CONTRACTOR AND COMPLETION.................................................29 14.1 Schedule of Values__ ............. .........29 14.2 Application for Progress Payment..................................... 29 14.3 CONTRACTORS Warranty of Title.......................................... 29 14.4-14.7 Review of Applications for Progress Payments.................29-30 14.8-149 Substantial Completion ,,,,,,,,,,,,,„„„„30 14.10 Partial Utilization,....._..... ...... 30-31 14.11 Final Inspectioq ............................. 1 14.12 Final Application for Payment ........ 31 14.13-14.14 Final Payment and Acceptance .,,,_,_31 14.15 Waiver of Claims ......,_,... 31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER May Suspend Work .......... 32 15 2-15.4 OWNER May Terminate ........ ........ 32 15.5 CONTRACTOR May Stop Work or Terminate 32-33 16. DISPUTE RESOLUTION ---------------------------------33 17. MISCELLANEOUS......_._.I.................. ............................33 17.1 Giving Notice................................33 17.2 Computation of Times....................33 17.3 Notice of Claim .... .................. ....... 33 17.4 Cumulative Remedies.....................33 17.5 Professional Fees and Court Costs Included... ......... ........... _ --- 33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank.......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement.._................GC-AI 16.1-16.6 Arbitration..... .... .-_....... ..........GC -AI 16.7 Mediation,,,,,,...,,„,_„................GC-Al EJCDC CE INIMAL CONDITIONS 1910 •S (1990 EDITION) w/ C!TY OF FORT COLLINS MODIFICATIONS (REV 9199) SECTION 00020 INVITATION TO BID Date: August 13, 2014 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on September 3, for the South Transit Center - Bike Shelter Addition; BID NO. 7675. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 7675. The Work consists of utility installation, bike shelter procurement and installation, landscaping, and sitework. All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. This is a federally funded project with a Disadvantaged Business Enterprise (DBE) goal of 11%. Contractor needs to include signed forms 1413, 1414, Buy America and Certificate Regarding Lobbying with their bid. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 AM, on August 20, 2014, at the South Transit Center, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: hftps://www.fcqov.com/eprocurement Bids will be received as set forth in the Bidding Documents The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. IND13X TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance ................. ................. ......5,14 defective Work .... ..................... 13.5, 13.13 final payment.........................:.........I....9.12, 14.15 insurance..,,., ..... .............................. n.14 other Work, by CONTRACTOR ........ .......... ......:?.3 Substitutes and "Or -Equal" Items ............... .....�.7.1 Work by MINER .............................. .5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibili ties ........ .............................. .......4.1 site, related Work .............................................. 7.2 Work,-.......................................13.' 1114, 14.9 Acts or Omissions--. Acts and Omissions-- CONTRACTOR...................................6.9.1, 9.13.3 ENGINEER .......................................... {, 20, 9,13.3 OWNER......... ........6.20, 8.9 Addenda --definition of (also see definition of Specifications) ,,,(1.6, 1.10, 6.19), 1.1 Additional Property Insurances,. 5.7 Adjustm ents-. Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, ..............................4, _5.3, 9.4, 9.5. 10.2-10.4. .......................................1.11. 12, 14.8, 15.1 progress schedule ... ............................ .........,..... 6.6 Agreeni ent-- definition of ).2 "All -Risk" Insurance, policy form......................._...5.6.2 Allowances, Cash_ ................................................. 11.8 Amending Contract Documents ...................... ......... 3.5 Amendment, Written -- in general ................ J.10, 1.45, 3.5, 5.10, 5.12, 66.2 .......................... G.8,6.19,10.1,10.4,11.2 ........ 12.1,13,12.2,14.7.2 Appal, OWNER or CONTRACTOR intent to,,,,,,,,,,,, ,,,,,,,9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of........... ............... ...........................1.3 ENGINEETs Responsibility ............................... 9.9 final payment ........ ......:9.13.4, 9.13.5, 14.12-14.15 in general .........................2.8, 2.9, 5.6.4. 9.10, 15.5 progress payment ................ ........... .,.......... 14.1-14.7 review of ................. ................................. .14.4-14.7 Arbitration ................................................ ..... 16A-16.6 Asbestos» claims pursuant thereto, ,, ................... _ 4.5,2, 4.5.3 CONTRACTOR authorized to stop Work .... _.... 4.5.2 definition of,,-, .............. ............................. ...... 1.4 Article or Paragraph Number OWNER responsibility for,,,..,,.................. 4.5,1, 8.10 possible price and times change,,,,,,,,,,,,,,,,,,__, ... 4.5.2 Authorized Variations in Work„__,,,,. 3.6, 6.25, 6.27, 9.5 Availability of Lands..........................................4.1, 8A Award, Notice of--defined.......................................125 Before Starting Construction..............................2.5-2,8 Bid --definition of........................1.5 (1-1, 1,10, 2.3, 3.3, .....................4.2.6A, 6,13, 11.4.3,11.9.1) Bidding Documents -definition of ).6(6.8.2) Bidding Requirements --definition Of ..........................................1,7 (1.1, 4.2.6.2) Bonds -- acceptance of .............................. .......:..:...... ..... 5.14 additional bonds ................ „_.-..,10.5. 11.4.5.9 Cost of the Work.. ........ ......... 11.5.4 definition of......................................................1.8 delivery of ................................................... �.1, 5,1 final Application for Payment . ............_.14.12-14.14 general .............. .......................1,10, . 5.1-5.3, 5.13, 9.13, 10.5, 14.7.6 Performance, Payment and Other,,,,,,,,,,,,,,,,,„ 5.1-5.2 Bonds and Insurance --in general... ........... 111.1 .... 1.15 Builder's risk "all-risk" policy form. .............. .........$42 Cancellation Provisions, Insurance_,.,.._ 5.4-11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion, ....... 1.38, 6.30.2.3, ............................14.8, 14.10 Certificates of Inspection,,,,,,,,,,,,,,,9.13.4, 135, 14.12 Certificates of Insurance-,-_.,,.-..,2.7, 9.3, 5.4.11, 5.4.13. --------- -------...... 5,6.5, 5.8, 5,14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances..............................................11.8 Claim for price adjustment__ . ...... 4A, 4.2.6, 4.5, 5.15, 6.82, 9.4 .................... 9.5. 10.2, 10.5, 11.2. 13.9, ....... ........... .13,13, 13.14, 14.7, 15.1, 15.5 CONTRACTOR's fee .............. ......11.6 Cast of the Work general., ... .......................................... 11.4-11.7 Exclusions to ......... ......................... :.........11.5 Cost Records .................._...,...........................11.7 in general ............. J,19. 1.44, 9,11, 10.4.2, 10.4.3, 11 Lump Sum Pricing.........................................11.3.2 Notification of Surety ................... ...:................. 10.5 Scope of,. . ....... _ ............. __ ...... ........ _ ... 10 3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 E1(.'DC. GENERAL CONDITIONS 1910.8 (1990 ED1'IION w( CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Unit Price Work..._.._...----..._.......-....._.._,11.9 Article or Paragraph Number Value of Work .................................................. )1.3 Change in Contract Times — Claim for times adjustment........4.1, 4.2.6, 4.5, 5,15, .,, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, .....13.9, 13.13, 13,14, 14.7, 15.1. 15.5 Contractual time limits... .......... I ................... I ... 12.2 Delays beyond CONTRACTORs control. ......................................................12.3 Delays beyond OWNER's and CONTR.ACTOR's control.............................12.4 Notification of surety.........................................10.5 Scope of change........................................10.3-10.4 Change Orders -- Acceptance of Defective Work ... ................13.13 Amending Contract Documents ... ....................„ 3.5 Cash Allowances ........................... ...... ..11-8 Change of Contract Price.....................................11 Change of Contract Times,,,,-„ ..... .................12 Changes in the Work..........................................10 CONTRACTOR's fee ................... ..................... lt6 Cost of the Work.......................................11.4-11.7 CostRecords....................................................11.7 definition of.......................................................1.9 emergencies.....................................................6.23 ENGINEER s responsibility....... 9.8. 10.4. 11.2. 12.1 execution of......................................................10.4 Indcmniftctioq .........................0,12, 6,16, 6.31-6.33 Insurance, Bonds and.......................5.10, 5.13, 10.5 OWNER may terminate............................15.2-15.4 OWNER's Responsibility .............. ...............$.6. 10A Physical Conditions - Subsurface and,., ... __ ........... ............ ***'* ....... 4.2 Underground Facilities-..................I...,-_....43.2 Record Documents..... ....... ......................... ... fi.19 Scope of Change ........ ................. ......... .....103-10.4 Substitutes ............................................. 6.7.3. 6.8.2 Unit Price Work ............. ..................................11:9 value of Work, covered by ...................... ...11.3 Changes in the Work.................................................10 Notification of surety....... ........ __ ............ ....... OWNER's and CONTRACTOR's responsibilities ................... . ........................10.4 Right to an adjustment......................................10.2 Scope of change.......................................103-10.4 Claims - against CONTRACTOR .................................. A16 against ENGINEER....... .................................. 6.32 against OWNER...............................................0-32 Change of Contract Price ........................... 9.4, 112 Change of Contract Times .......................... 9.4, 12.1 CONTRACTORs.............4. 7.1, 9.4, 9.5, 9.11. 10.2, .................... I ...... I I -Z 11.9, 12.1. 13.9, 14.8, .......................................15.1. 15.5, 17.3 CONTRACTOR's Fee .............. --- ... ............-.-11.6 Article or Paragraph Number CONTRACTOR's liability ...... ,.... 5A, 612, 6.16, 6.31 Cost of the Work.......................................11.4, 11.5 Decisions on Disputes...............................9.11, 9.12 Dispute Resolution ........ ...............1....,.., ....... ,,...16.1 Dispute Resolution Agreement, ................... 16.1-16,6 ENGINEER as initial interpretor..................... 9.11 Lump Stint Pricing ........ ................ ..... ............. 11.3.2 Noticeof. -..................................._.------.._.17.3 OWNER 's....................9A, 9.5, 9.11, 10.2, 11.2, 11.9 ........................12.1, 13.9, 13.13, 13.14, 17.3 OWNERs liability ......... .............. .._............ ........ .5 OWNER may refuse to make payment.................14.7 Professional Fees and Court Costs Included...... _ 17.5 request for formal decision on ................. ........... �..I l Substitute Items ........................... .................. 6-7.1 2 Time Extension.................................................12.1 Time requirements .................................. 9-11, 12.1 Unit Price Work, ........ ................... ...... j 1-9-3 Valueof...........................................................1.1.3 Waiver of --on Final Payment ................. j 4.14, 14.15 Work Change Directive ... ................ .... .............. 10-2 written notice required ......................9.11, 11.2, 12.1 Clarifications and Interpretation;.,,,,,,,,,,, 3.6.3, 9.4. 9.11 Clean Site ............................................ ------6,17 Codes of Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times ...........................2.3 Communications -- general .................. ...................... .....,6.2, 6.9.2, 8.1 Hazard Communication Programs .....................4.22 Completion - Final Application for Payment ............... .......... .1,4.12 Final Inspection.............................................14.11 Final Payment and Acceptance, ........... _J4.13-14.14 Partial Utilization ........ ................. .............. ...„14.10 Substantial Completion ......... .......... 1.38, 14.8-14.9 Waiver of Claims............................................14.15 Computation of Times ......... ....... --.... ,,,--, --- 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others.................................................6.8-6.11 Conferences -- initially acceptable schedules .............................. 2.9 preconst ructioq.................................................. 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report..........................2.5, 3.3.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery, Equipment, etc,... .............. 6-4 Continuing the Work .................................... .6,29, 10.4 Contract Documents - Amending., ........................................................ 3,5 Bonds..._..._....-_............_........................._...5.1 E1CIx GENERAL CONDITIONS 1910.5 (1990 EI)ITTON) w, CITY OF FORT COLLINS MODIFICATIONS (REV 919) Cash Allowances 11.8 Article or Paragraph Number Change of Contract Price ........................... ........ I I Change of Contract Times,.,....... I .......................12 Changes in the Work,,,,,,,,,,,, ................ ** ... 10,4-10.5 check and verily ....... ................... 2.5 Clarifications and Interpretations,,.,,,,.,,, ............. 3.2, 3.6. 9.4, 9.11 definition of ............... ....... ............... ... ___1,10 ENGINEER as initial interpreter of., .... _____9111 ENGINEER as OWNER's representative.... 9.1 g4encra13 Insurance,, ........................ _ ...................... ...... 53 Intent 1-3.4 minor variations in the Work ..............................3.6 OWNER's responsibility to furnish data,.,, ....... 83 OWNEI;Vs responsibility to make prompt psym ent.. ......... .........8.3, 14-4, 14.13 precedence......4'. ... 1. ... I I ......................... 3.1,3.3.3 Record Documents............................................6.19 Reference to Standards and Specifications of Technical Societies.................................. 3.3 Related'Work ........ ............................................. 7.2 Reporting and Resolving Discrepancies,,,,,,,, 2-5, 3.3 Reuse of'.. . . . . . . . . . . ...3.7 Supplementing ..... ............................................ 3.6 Termination ofENGINEER!s Employment .......... 8.2 Unit Price Work ................... ............. I- ... ....... 11.9 variations .........................................3.6, 3.6, 6,23, 6,27 Visits to Site, ENGINEER'S ....... ......... ... 9.2 Contract Price - adjustment of .... .......... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Change of.,_,,,.,..., ' ........... Decision on Disputes ........................................ 9.11 definition of 1,11 Contract Times - adjustment of, ... ........ _15, 4.1. 9.4, 10.3, 12 Change of, .... ...... ............ 12.1-12.4 Commencement of, ............ ........... ...... 23 definition of.....................................................1.12 CONTRACTOR -- Acceptance of Insurance,...-.... .. ........ ....... _5.14 Communications ......................................6.2, Continue Work ............. ........ ... �6.29,10.4 coordination and scheduling ............................ 0,9.2 definition of,,,,,,,,,,,,,,,,,,,,, ................................ 1.13 Limited Reliance on Technical Data Authorized May Stop Work or Term inate ............................15.5 provide site access to others.... ..... 7-2,13.2 Safety and Protection...................4.3.1.2, 6.16. 6,18, ' * .......................... * .... ***'* 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal ....................................... fi.25 vii Stop Work requirements, ....... ----------------- ,4.5.2 CONTRACTOR's- Article or Paragraph Number Compensation ........................ .. .... ** ............. ........ 1.1---11. 1-11.2 Continuing Obligation .....................................14.1.5 Defective Work,,,.,,., 9.6, 13.10-13.14 Duty to correct defective Work ......................... J3.11 ]Duty to Report - Changes in the Work caused by Emergency......... ............ ........6.23 Defects in Work of titers .............................. 7-3 Differing conditions...-- ........ ........... 4.2.3 Discrepancy in Documents ........ 2.5, 3.12, 614.2 Underground Facilities not indicated,.,,,,,,,, 4.3.2 Emergencies .............. ............ .... 6.23 Fquipm ent and Machinery Rental, Cost of the Work ...........................................11.4.5.3 Fee -Cost Plus., ....... ....... _1 1-4.5-6, 11-5,1, 11.6 General Warranty and Guarantee ...................... fi.30 Hazard Communication Programs„-,,... ...... fi.22 Indemnification ..... ................... 0. 12. & 16, 6,31-6.33 Inspection of the Work ..... ............... ......... 7.3,13.4 Labor, Materials and Equipment ....... ...... _.J.3-65 Laws and Regulations, Compliance by,,., ... _ .... 6-14.1 Liability Insurance ....... ....... ....................... __5.4 Notice of Intent to Appeal ... * ....... 'i.- .... - .,9.10,10.4 obligation to perform and complete theWork ....................................................6.30 Patent Fees and Royalties, paid for by ................ 6. 12 Performance and Other Bon& . .......... ' ... .. . * ... 5.1 Permits, obtained and paid for by...... ............... -0. 13 Progress Schedule ...........................2.6. 2.8, 2.9, 66, ........................................6.29, .. * * ...... *"'*"'*** ... **""* .... .. * k.29, 10.4, 15-2.1 Request for formal decisionon disputes. .............. 9-11 Responsibilities - Changes in the Work . .... ... ... Concerning Subcontractors, Suppliers and Others- .1, ......... I - - . .... 1-1 ....... 6,8-6.11 Continuing the Work ' ..........................629, 10A CONTRACTOR's expense ...... ...... ............. 0,7.1 CONTRACTOR!s General Warranty and Guarantee....,,,,.... I .......... .... -.1--630 CONTRACTORs review prior to Shop Drawing or Sample submittal ................. 6.25 Coordination of Work ..... ......... .... ' ..... 6-9.2 Emergencies . .......... ...................................6.23 ENGINIMRs evaluation, Substitutes or "Or -Equal" Items ....... ..... 6.7.3 For Acts and Omissions of0thers.1.1 ..... ................ 0-9. 1 -6.9.2, 9.13 for deductible am ounts. insurance ........ ......... . 5.9 general........................................5, 7.2, 73, 89 Hazardous Communication Program$ ........... 6.22 Indemnification ................................. 6.31-6,33 EJCW. GENERAL CONDITIONS 1910.8 (1990 EDMOM w( CITY OF FORT COLLINS NIODIRCA17ONS M-V 5/99) Labor, Materials and Fquipment..............6.3-6.5 Laws and Regulations...... _.......-................,.6,14 Liability Insurance. . .... _ ............ .............. 5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 0.27 Patent Fees and Royalties ............................. 6.12 Permits.......................................................6.13 Progress Schedule ......................................... 6.6 Record Documents.........................:...........6.19 related Work performed prior to ENGINEER's approval of required submittals,_.... ..... ........ ..........._..........0.28 safe structural loading., .................. 6 18 Safety and Protection ....................6.20, 72, 13.2 Safety Representative....... _.......-.................6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples,,,,.,,,,,,, „0.24 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness .......................................... 6.17 Submittal Procedures...................................6.25 Substitute Construction Methods and Procedures ..........:...................... .... 6.7.2 Substitutes and "Or -Equal" Item4............ _.,0.7.1 Superintendence..........................................6.2 Supervision..................... ............................. 6.1 Survival of Obligations.... ............................ 6.34 Taxes..... ......... ................... ........................6,15 Tests and Inspections.............._...................13.5 To Report .................. Use of Premises,,,,,,,,,,,,1,....... &16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal.........................................625 Right to adjustment for changes in the Work ..... 10.2 right to claim............ 4, 7.1, 9A, 9.5, 9,11, 10.2,11.2, ......... .) 1.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection .................. 6.20-6.22, 7.2, 13.2 Safety Representative ....................................... 6.21 Shop Drawings and Samples Submittals ..... 6.24-6.28 Special Consultants.:. - - I I ... .... I I ...... I I .... 11 ...... 11.4.4 Substitute Construction Methods and Procedures.6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Other4.,,,,,,.,,6.8-6.11 Supervision and Superintendence ......... 6.1, 42, 6.21 Taxes, Payment by ......................... ................0.15 Use of Premises...-..-----..._. 6.16-6.18 Warranties and guarantees ....................... .4.5, 6.30 Warranty of Title..............................................14.3 Written Notice Required -- CONTRACTOR stop Work or term inatc,....... 15.5 Reports of Differing Subsurface and Physical Conditions,,,,,,,,,,,,,,,,,,,,,,,,4.2.3 Substantial Completion._.............................14.8 viii CONTRACTORS —other .............................................. 7 Contractual Liability Insurance_-_--__ 5.4.10 Contractual Time Limits .......... ......... ,12.2 Article or Paragraph Number Coordination— CONTRACT'OR's responsibility .........................0.9.2 Copies of Documents ................... _ I ... ....................... .2 Correction Period. ........ ....... ................. _ ............ 1112 Correction, Removal or Acceptance of Defective Work-- in general...................................10.4.1, 13.10-13.14 Acceptance afDefective Work ..........................13.13 Correction or Removal of Defective Work.......................:.........6.30, 13.11 Correction Period ..................... ....................... 13.12 OWNER May Correct Defective Work,. . . ....... .13.14 OWNER May Stop Work................................13.10 Cost -- of Tests and Inspections.....................................13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional ..................11.4.5.9 Cash Discounts..............................................11 A.2 CONTRACTOR' Fee ...................................... 11.6 Employee Expenses ............... .................. ,,.,,11A.5.1 Exclusions to.....................................................11.5 General 11.4-1 I.5 Home office and overhead expenses ....................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment ............... ................ . 11.4.2 Minor expenses .................... .......................11.4.5.8 Payroll costs on changes.................................11.4,1 performed by Subcontractors ........................... 1,1.4.3 Records 11.7 Rentals of construction equipment and machinery .... .......... ..- ............ ..., _...11.4.5.3 Royalty payments, permits and license fees ................ ............................ 11.4.5.5 Site office and temporary facilities ..... .........11A.5.2 Special Consultants, CONTRACTOR's............ 11.4.4 Supplemental.................................................1 L4.5 Taxes related to the Work............................1.1.45.4 Tests and Inspection, .................................... .... J3.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities..............a 1.4.5.7 Work after regular hours.................................11.4.1 Covering Work._............................................13.6-13,7 Cumulative Remedies ....... .............. _.......... 17.4-17.5 Cutting, fitting and patching ........................... . 7.2 Data, to be furnished by OWNER., ...... .............. .... _�.3 Day --definition of................................................17.2.2 Decisions on Disputes. ............................. 9.11, 9.12 defective --definition of ............... ............................3.14 defective Work -- Acceptance of .......... ........ .................... 10.4.1. 13.13 EJCDC GEdcRAL CONDITIONS 1910-8 (1990 EDITION) V aTY OF FORT COU,INS MODIFICATIONS (RF.V 9i99) Correction or Removal of, 10.4.1, 13.11 Correction Period 1112 in general........., ...... ...................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work ...... .................. .... 13.10 Prompt Notice of Defects ..... * .... * ..... **"* ..... * ........ 131 Rejecting........._,............. ........ ...... ......... ......... 9.6 Uncovering the Work ................ _ .................. _j3.8 Definitions I Delays .4.1, 6.29, 12.3-12.4 Delivery ofi3o*n'�'s.'.*,'.'.','.'.'.",','.','.'.*,*.*.','.'.',*.'.'.'.'.*.'....� ................. _ 2.1 Delivery of certificates of insurance.................. _�.7 Determinations for Unit Prices 9.10 Differing Subsurface or pltysteal Conditions Noticeof -----...............................................4.23 -- ................. ...... 4.23 Reviewi FNGW,EER!s eview ......................................4.2.4 4,2.4 possible Contract Documents Change,,,,,,,,,,,,,, 4.2-5 Possible Price and Times Adjustments.. ........... 4.2.6 Discrepancies -Reporting and Resolving...,...--._....................2.5, 3.3.2, 6.14.2 Dispute Resolution - Agreement ................................. .............. 6 1-166 Arbitration, ..... _ .............................. ........ 6.1-1& 5 genera116 Mediation .........................................................16.6 Dispute Resolution Agreement__ ........... --------- 16,1-16.6 Disputes, Decisions by ENGINEER .................. 9. 11-9.12 Documents— Copies of........ ......... ................. _2.2 Record 6.19 Reuseof, ...... ........................ I ............ I .......... 3.7 Drawings --definition of, ..........................................J.15 Easements 4.1 Effective date of defi'n' i 6 on Qf. 1,16 Emergencies..,,., ...... ......... ... ........ 02- ENGINEER-- as initial interpreter on disputes. ... ............ 9.11-9,12 definition of I A7 Limitations on authority and responsibilities ..... 9,13 Replacement of ................. __ ......... ................. 8.2 Resident Project Representative:..,_ .. ............. ...9.3 ENGINEEWs Consultant -- definition of 1.18 ENUINEERs-- authority and responsibility, limitations on,,.,,,, 9.13 Authorized Variations in the Wor1 .....................9.5 Change Orders, responsibility for ....... 9.7,10,11, 12 Clarifications and Interpretations__,,...... _ - 3.6.3, 9.4 Decisions on Disputes,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Items ..........................6.7.3 Liability ........................ ............. ........... 0.32,9.12 Notice Work is Acceptable, ............................. 14.13 Observations ........................................... 0.30.2,9,2 OWNER!s Representative Payments to the CONTRACTOR, Responsibility ...... Responsibility for ........ ........................... 9.9,14 Recommendation of Payment .................... 14.4. 1413 Article or Paragraph Number Responsibilities --Limitations on ...... .......... 9,11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ........ ... ***11* 4.2.4 :,* Shop Drawings and Samples, review responsibility.,.... _ ............. ....... _fi.26 Status During Construction -- authorized variations in the Work, ........... 9.5 Clarifications and Interpretations ..................9.4 Decisions on Disputes ....... _ ...... .......... 9' 11-9.12 Determinations on Unit Price ......................9110 ENGINEER as Initial Interpreter --- ___9.11-9,12 ENGINEER!sResponsibil i ties ................ 9,1-9.12 Limitations an ENGINEFRs Authority and Responsibilities ..............................9.13 OWNER's Representative ..............................9.1 Project Representative...--.._--...____ ........... 93 Rejecting Defective Work ..............................9.0 Shop Drawings, Change Orders and Payments, ........ ___ ........ 9.7-9.9 Visits to Site......_.,_,,,, .. .. . ........... I ......9.2 Unit Price determinations,,,,,, ........................... 9.10 Visits to Site 9.2 Written consent required .............................. 3.2,9,1 Equipment, Labor, Materials and ... * .......... * .... *** ... 0.3-65 Equipment rental, Cost of the Work ....................11.4.5.3 Equivalent Materials and Equipment ........................ 0-7 error or omissions..................................................6.33 Evidence of Financial Arrangements.........,,_„_„ ...._8.11 Explorations of physical conditions....................... 4.2.1 Fee, CONTRACTOKs--Costs Plus,,,,,,,,, ,,,,,,,,, 1-111.6 Field Order - definition of ................................ ).19 issued by ENGINEER ................................ 3.6.1,9.5 Final Application for Payment'... Final Inspection.,,,,.__,,;, .... J4.11 Final Payment -- and Acceptance ... ........................... 14,13-14.14 Prior to,. for cash allovences 11.8 General Provisions ................... ......... .... _17.3-17.4 General Requirements - definition0( ...................... ......................... .... 1.20 principal references to ..............2.6, 6.4. 6.6-6.7, 6,24 Giving Notice - _ ' - - -- - - -- ----- * ..... - ----- .. .... 17.1 Guarantee of Work -by CONTRACTOR__ � _630,14.12 Hazard Coinmiinication Programs ......................... 6.22 Hazardous Waste— definition of . ............. .................. 21 general................... .................. .............. 4.5 OWNER's responsibility for ............................... B-10 EJCDC. GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY Of FORT COLLINS NIODWTCA71ONS (REV 9199) Indemnification .-- 6-12, 6.16, 6.31-6.33 Initially Acceptable Schedules,,;,.,.... .....2.9 Inspection-- Certificatesof .... ,,..,..;........... . ...9.1.3.4, 13.5, 14.12 Final..........................................................14.11 Article or Paragraph Number Special, required byENGIIEER........ 9.6 ................... Tests and Approval ............................ 8.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work.....................................I......11.4.5.9 Before starting the Work-, ............................ _ ...... 2.7 Bonds and --in general..........................................5 Cancellation Provisions .......................•......-...... 5.8 Certificates of.. ......... ...... 5, 5.3, 5.4,11, 5A.13, ........... .....5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations.....................................5.4.13 CONTRACTOR's Liability..................................5.4 CONTRACTOR's objection to coverage. -.,,-•-,,,_, 5.14 Contractual Liability ................ ......... ............. 5A,10 deductible amounts, CONTRACTOR's responsibility ................................................5.9 Final Application for Payment, .... •,,,•,,,,,,,,,,,,,,, 14.12 Licensed Insurers ............ .......... ........................ .$.3 Notice requirements, material change* ........ 5.8, 10.5 Option to Replace ..... ...................... ... ... _..........5.14 other special insurances....................................5.10 OWNER as fiduciary for insureds..............5.12-5.13 OWNER's Liability ............... ............................. 5.5 OWNER's Responsibility.....................................8.5 Partial Utiliz2tion. Property Insuraneq..............5.15 Property............ .. ...................... ....:......5.6-5.10 Receipt and Application of Insurance Proceeds, ................................ Special Insurance._,-_-....:.................................5.10 Waiver of Rights ................... ...........................5.11 Intent of Contract Documents..............................3.1-3.4 Interpretations and Clarifications ..................... .6.3, 9.4 Investigations of physical conditions •-„.....................4.2 Labor,1,,Iaterials and Equipment_ ................. _._6.3-65 Lands -- and Easements ...................... ............................. $.4 Availability of .............. •.... .,..... ................... 4.1. 8.4 Reports and Tests.................................................4 Laws and Regulations --Laws or Regulations -- Bonds................ .............................. .......... 5.1-5.2 Changes in the Work ............. ...........................10.4 Contract Documents...........................................3.1 CONTRACTOR's Responsibilities ,,,,,,. ...... 6-14 Correction Period, defective Work ..................... 13.12 Cost of the Work, taxes...............................11.4.5.4 definition of ................. ............................ .......1.22 gencral6.14 Indemnification, _.,•-_-...................... -....... .31-6.33 Insurance_ ............. ...... .......................•----.......,, 5.3 Precedence ._._............... .......:.............. .. 3,1, 3.33 Reference to .... .. ..............................................3,3,1 Safety and Protection ... ................. _........ 6-20, 13.2 Subcontractors, Suppliers and Others,,,,,,•,•, 6.8-6.11 Article or Paragraph Number Tests and Inspections,,,,,----,••• .. .................... 13.5 Use of Premises ................................................ 6.16 Visits to Site.......................................................9.2 Liability Insurance-- CONTRACTOR's............................................... 5.4 OWNERS Licensed Sureties and Insurers, ........... .................... 5-3 Liens -- Application for Progress Payment .......................14,2 CONTRACTOR's Warranty of Titlq----........... ---- 4.3 Final Application for Payment;,,,,,, .,,,,,,,,14,12 definition of-,, ............ ...... _ ...... _ ... ................. j,23 Waiver of Claims ........................,................ -„ 14.15 Limitations on ENGINEER's authority and responsibilities. __ . .......... .......................... . ..9,13 Limited Reliance by CONTRACTOR Authorized ...................................................... 4.2.2 Maintenance and Operating Manuals -- Final Application for Payment .......................... 14.12 Manuals (of others) -- Precedence_.......... ............................. .......-- .3.33.1 Reference to in Contract Documents..................3.3,1 Materials and equipment -- furnished by CONTRACTOR .............................. 6-3 not incorporated in Work.-- ...................... ..........14.2 Materials or equipment --equivalent., ................. ....... 6.7 Mediation (Optional)........... _........ ................16.7 Milestones --definition of.......................................1 24 Miscellaneous -- Computation of Times,.._.._-.... 17 2 Cumulative Remedies ............ ......... ................... 17.4 Giving Notice ................... .......... ........ .,............ T 1 Notice of Claim ....................... ..........................17.3 Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts ........... ...................................... ? Not Shown or Indicated-... .... --„.............................4.3.2 Notice of -- Acceptability of Project ..... .......... .....:........ .14.13 Award, definition of,,,, ..... ............... ...... j.25 Claim............................................................17.3 Defects.13.1 Differing Subsurface or Physical Condition* -..... 4.2.3 Giving. ............ ............................. ................. •j,7.1 Tests and Inspections,, ................................ ......13.3 Variation, Shop Drawing and Sample ........... -..... 6.27 Notice to Proceed -- definition of .................................. ,................... 1.26 giving of ............................ 2.3 t-:JCDC GENLRAL CONDITIONS 1910.8 (1990 EDITION) w,'CITY OF FORT COLLINS MODIFiCA71ONS (REV 9199) Notification to Surety-------_-........ ...........10.5 Observations, by ENGINEER ..... ............ ....... 6,30,9,2 Occupancy of the Work ....... ... _ .... 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ... ............. 69, 9.13 Open Peril policy form, Insurance., .... .................5.6.2 Option to Replace ............... ..................... ...... ....... 5.14 Article or Paragraph Number "Or Equal" Items ......................................................6.7 Other work 7 Overtime Work —prohibition of.._..._ ............... ... 63 OWNER -- Acceptance of */ective Work ..........................13.13 appoint an ENGINEER ....... _ .............. .......... ' 8.2 as fiduciary ............. ........ ......... _ _ 12-5.13 Availability of Lands, responsibility .................... 4.1 definition of.._ ......... ..................................... 1.27 data, furnish-,........._ ...... __ ........... __ .... __8.3 May Correct Defective Work . .............................13.14 May refuse to make pay'M ent L ............................J4.7 May Stop the Work...--, ........ .... J3. 10 May Suspend Work, Terminate_, ................. $.8, 13.10, 15.1-15.4 Payment, make prompt., ................... l3.3.14,4,14.13 performarice of other work.....................I............ 71 permits and licenses, requirements,,,,,,,,,,,,,,,,,,, 6.13 purchased insurance requirements,,,,,,,,,,,,,, . 5.6-5.10 OWNER!s-- Acceptance of the Work...-..._.......__..........0.30.2.5 Change Orders, obligation to execute.,_._,,,., 8.6, 10.4 Communications 8.1 Coordination of the Work 7.4 Disputes, request for decision ............................9.11 Inspections, tests and approvals .................. 8.7,1 3.4 Liability Insurance ..............................................5.5 Notice of Defects ..............................................13.1 Representative --During Construction, FNGINEFR's Status 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material . _ ............. 8.10 Change Orders, ...... .................................. 8.6 Changes in the Work..._......._......................10.1 communications_ ............. ............. __81 CONTRACTORs responsibilities ................... S.9 evidence of Financial arrangement;; ........... 'All inspections, tests and approvals ..................... 8.7 insurance. ..................................................... 8.5 lands and easements............_.......____.....8.4 Prompt payment by ........ _ ....... ................... 8.3 replacement of ENGINEER, ........................... $.2 reports and tests .................. I .... 1.111 .............. _8_4 stop or suspend Work,,,,,,,,,,,,,,,,,, R.8, 13.10, 15.1 terminate CONTRACTORs services separate representative at site..............................9.3 testing, independent,,...,_ ....13.4 ...... use or occupancy of the Work ..........................5.15, 6.30.2.4. 14.10 written consent or approval required ....... ...... ...... .9.1.6.3, 11.4 Xi E JCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199.1 Article or Paragraph Nurn her written notice required., ....... ......... _7.1, 9A, 9.11. I ................... ...... I ...... 11,2, 11.9. 147, 15.4 PCBs -- definition of .....................................................1.29 general,.. ... ....................................................... 4.5 OWNER's responsibility for...............................0.10 Partial Utilization - definition of............_..............................).28 general 6-30.2.4, 14.10 Property Insurance..... _ .................. Patent Fees and Royalties.....,....,... ......................... 6.12 Payment Bonds ................... ......................... 5. 1-5.2 Payments, Recommendation of ...... ....... 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion - Application for ProgressPayments .................... 4,2 CONTRACTOR's Warranty of ------- 4.3 Final Application for Payment........... ..............14.12 Final Inspection ....... ...... .............................. _14.11 Final Payment and Acceptance ..... 11, ...•.... 14.13-14,14 general ....... ......... .................. ....53, 14 Partial Utilization ....... ...... ... 14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments ............... . .............. 14A-14-7 promptpayment .... ............. ..................... __ .... $3 Schedule of Values ............................................ 14.1 Substantial Completion.--_ ............ ____ .... 14,8-14.9 Waiver of Claims .............................................14.15 when payments duo ................................ 14.4,14,13 withholding payment.......__ ... ..... - - ............. 14.7 Performance Bonds ....... _ ........ .......... ........ 5.1-5.2 Permits..' ......... - ................... ...... ......... 6.13 Petroleum -- definition of ........................ ............................ 1.30 general........................... .................. ......... ... 4.5 OIAINER!s responsibility for ............. ................ 8.10 Physical Conditions -- Drawings of, in or relating tQ........................ . 4.2.1.2 ENGINFER's review .................................. ..... 4.2A existing structures,,...._ . ............................. _ ... 4.2.2 genera14.2.1.2 . . ........... ...... .............. .............. ....... Notice of Differing Subsurface or.......................4.2.3 Possible Contract Documents Change...............1.2.5 Possible Price and Times Adjustments_, .......... 426 Reports and Drawings...........- .................. . ...... 41,21 Subsurface and ............... .. ................................. 4,2 Subsurface Conditions_I ........... 4.2.13 Technical Data, Limited Reliance by CONTRACTOR Authorized ........................ 4.2,2 Underground Facilities-- general........................................................ 4.3 Not Shown or Indicaed..............................4.3.2 Protection of ......................................... 4.3,6,20 Article or Paragraph Number Shown orIndicated, ...................... . ................... __4.3.1 Technical Data,... ........................................... A.2.2 Preconstruction Conferenc4 .......................................2.8 Preliminary Matters ............... .......... ........... I ........ 2 Preliminary Schedules ..... ........................ . ............... Premises, Use of............................................. Price, Change of Contract .... ............. ............. I Price, Contract --definition of .................................. Progress Payment. Applications for ... ....... .............. J4.2 Progress Payment--retainage,_-, ......... 11 .......... .. 14,2 Progress schedule, CCNTRACTOR!s. ............ 2.6, 2.8, 19, .......... I.. . .................. 1 6.6, 6.29, 10.4. 15.2.1 Project --definition of ........ .................... ................. 131 Project Representative— ENGINEERs Status During Construction ............ 9.3 Project Representative. Resident --definition of . ........ 1.33 prompt payment by 01VNFP ......... ... ................ I ........ 8.3 Property Insurance -- Additional .......................... 5.7 genera] 5.6-5. 10 Partial Utilization,..........._ ......... _ ...... 5,15, 14,102 receipt and application of proceeclq... ......... 532-5.13 Protection, Safety and,.,_,_ ................. ...... 0.20-6,21, 13,2 Punch list ................ ........... _k4. 11 Radioactive Meterial defintionof ................................... ............. _...I. 32 genera14.5 OWNER's responsibility for ..... ...... ............ ?. 10 Recommendation ofPaymcn� .................14.4, 14.5, 14,13 Record Documents 6,19, 14.12 Records, procedures for maintaining,_ ...... ............ __8 Reference Points ............. _ ....................................... 4.4 Reference to Standards and Specifications of Technical Societies .........................................3.3 Regulations, Laws and (or) ......................................6.14 Rejecting Defective Work..._ ......... ........... _ ........ --- 9.6 Related Work -- atSite ......... .............................................. 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ....................6.28 Remedies. cumulative........_........................... 17.4,17.5 Removal or Correction ofDefective Work ...... ......... 13.11 rental agreern eats. OWNER approval required- ... 11.4.5.3 replacement of ENGINEER, by OWNER,,,,,,,,,,,,,,,,,,,, 8.2 Reporting and Resolving Discrepancies ................................2.5, 33-2, 6.14,2 Reports -- and Drawings ........ ....... ...... ........... and Tests, OIAINER!s responsibility ..................... $.4 Resident and Project Representative -- definition of.....................................................1.33 provisionfor ............................................................9.3 Xii EXI)C GENERAL. CONDITIONS 1910-8 (1990 EDITION) w,, CITY or FORT COLLINS MODIFICATIONS (RFV 91W) Article or Paragraph Number Resident Superintendent, CONTRACTOR'$ .............. 6.2 Responsibilities -- CONTRACTOR s-in general... 6 ENGINEER's-in general,,,,,,,,,,,,,,,,,,,,, .......9 Limitations cm, ...... _ ................... _........9.13 OWNER"s-in general ........ ...... ..........:.......,....,......:8 Retainage _ ........... ........1.4.2 Reusc of Documents.. .... ........ .............. ........ ,7 .............. Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal .........................0.25 Review of Applications for Progress Payments ............ ..................... I ... 14.4-14.7 Right to an adjustment .................... ....................... 10,2 Rightsof Way. .._-._............... ._.._._...._...........__...._4.1 Royalties, Patent Fees and......................................6.12 Safe Structural Loading ....................... .. ............6,19 Safety -- and Protection................................4.3.2, 6.16, 6.18, ...................................... ............. _ ...........6.20-6.21. 7.2, 13.2 general ............................. ..................... ...0,20-6.23 Representative, CONTRACTORS .......................¢.21 Samples -- definition of,_ ............................... _J.34 general ............ .........................................24-6.28 Review by CONTRACTOR................................6.25 Review by ENGINEER, ... ................ 6.2 .6.27 related Work...................................................6.28 submittal of.._ ....... .......... .;:............. ............ ...6.24.2 submittal procedures.........................................0.25 Schedule of progress, ............................ 2.6,2.8-2.9, 6.6, ..........................6.29, 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submittals .............................. 2,6,18-2.9, 6.24-6.28 Schedule of Values...-, .... ...... ...... 2-6,18-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting .............. ... ... ................ ..... . .................6.6 Change of Contract Times,,,,,,,,.,,,,, 10A Initially Acceptable_, ....... .......................... 2.8. 2.9 I'rcliminary........................................... . ........... ,2.6 Scope of Changes ................ ....................... 10.3-10.4 Subsurface Conditions......:...............................„4.2.1.1 Shop Drawings— and Samples, general.................................6.24.6.28 Change Orders & Applications for Pavrncnts, and......................................,.,9.7-99 definition of......................................................1.35 ENGINEER's approval of., ...... ....3.6.2 ENGINEERS responsibility for review ..................................... 9.7, 6.24428 related Work......_ .................................. ........6.28 review procedures .............................. 2.8, 6,24-6.28 Article or Paragraph Number submittal required................................................6.24.1 Submittal Procedures.......................................A25 use to approve substitutions..............................6.7.3 Shown or Indicated, ...................................... ....... A.3.1 Site Access.....................................................7.2, 13.2 Site Cleanliness..................................................... 6.17 Site, Visits to -- by ENGINEER .......................................... 9.2. 13.2 by others ... .-...... "special causes of loss" policy form, insurance ...... 6.6.2 definition of.....................................................1.36 Specifications— defination of ........... ........................... .............. 1,36 of Technical Societies, reference to__ .............. 3.3.1 precedence., ................ .......................3, 3.3 Standards and Specifications of Technical Societies,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,, 3.3 Starting Construction, Beforq ........ ,,, ................ 2.5-2.8 Starting the Work. --.....................................2.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER ................. 8.8, 13.10, .................... 15.1 Storage of materials and equipment,,,,,,,,,,,,,,,,...... .1, 7.2 Structural Loading, Safety.......................................6.18 Subcontractor-- Concerning,... ................. ............................ �. 8-6.11 definition of.....................................................J-37 delays........ ........... ................ ........... ............. .12.3 waiver of rights........... .................................... 6.11 Subcontractors --in general,,,,,,,,,,,,,,,,,,,,,,,, .6.8-6.11 Subcontracts --required provisions,,,,,5.11, 6.11, 11.4.3 Subm ittals— Applications for Payment,,,,,,,,,,,,,,,,,,,,,, ........... 14,2 Maintenance and Operation Manuals..............14.12 Procedures. ............................................. , ........0. 25 Progress Schedules......................................2.6, 29 Samples ............... ...0.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions.- ... .... _ ......... .... 2.6, 2,8-2.9 Shop Drawings ......................................., 6.24-6.28 Substantial Completion -- certification of ............................ C 30.2.3, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedures... ,..6.7.2 Substitutes and "Or Equal" Items .............. _,............. 6.7 CONTRACTOWs Expense ............. ............... ¢.7.1.3 ENGINEER's Evaluation.................................6.7-3 "Or -Equal. ............... .. 6.7.1.1 Substitute Construction Methods EJCDC. GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (RFV 9199) Article or Paragraph Number or Procedures.............................................0.7.2 Substitute Items.........._ ................ ......... ....... 15.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatng to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 ENGINEEWs Review ...................................... 4.2A general..............................................................4 2 Limited Reliance by CONTRACTOR Authorized ................................................ 4. 2, 2 Notice of Differing Subsurface or Physical Conditions ......................................... 4.2.3 Physical Conditions.......................................4.2.L2 Possible Contract Documents Change,,,,,,,,,,,,,,,4.2.5 Possible Price andTimes Adjustments .............. .4.2.6 Reports and Drawings.__....._ ...................... .--- 42.1 Subsurface and ................................................... 4.2 Subsurface Conditions at the Site,.,,,,,,,,,,.,,,,, 4 2,1-1 Technical Data., ....... .......................... _4.2.2 Supervision— CONTRACTOR's responsibility...........................0 1 OWNER shall not supervise:................................8.9 ENGINEER shall not supervise................9.2, 9.13.2 Superintendence ..... . . ............................................. „6-2 Superintendent, CONTRACTOR's resident...............0.2 Supplemental costs- ....... ..... ......................... ........ 1.4.5 Supplementary Conditions— definition of.....................................................1.39 principal references to.................1.10, 1,18, 22, 27, ........... ._....... .4.2, 4.3, 5.1, 5.3, 5A, 5.6-5.9, ... .-...... 1.,., 5.11, 6,8, 6.13, 7.4, 8.11, 93, 9.10 Supplementing Contract Documents .........................3.6 Supplier -- definition of.....................................................1.40 principal references tq........... 3.7, 6.5, 6.8-6.11, 6.20, ............................•---.........6.24, 9,13, 14.12 Waiver of Rig,sits.....,.........................................6.I I Surety -- consent to final payment ........................14.12, 14.14 ENGINEER has no duty to ................................ 9.13 Notification of-, ............. .... __ ......... 10A, 10.5. 15.2 qualification of ... ____ .... ............ ........ ....... 5.1-5-3 Survival of Obligations .......................................... 6.34 Suspend Work, OWNER May .......... . ............13.10, 15.1 Suspension of Work and Termination--__ ................. 15 CONTRACTOR May Stop Work or Terminate.. ............... ..............................15.5 OWNER May Suspend Work, . ........ ....... _15.1 OWNER May Terminate..........................•„j5.2-15.4 Taxes --Payment by CONTRACTOR ........................ 6.15 Technical Data -- Limited Reliance by CONTRACTOR .................4.2.2 Possible Price and Times Adjustments.-.-. ....... .4.2.6 Reports of Differing Subsurface and Physical Conditions....,.__ ..........................4.2.3 xiv Temporary construction facilities..._,-,. ....... .---------- 4.1 Article or Paragraph Number Term ination-- by CONTRACTOR......................................_...15-5 by OWNER........................................8.8, 15.1-15,4 of ENGINEERs employment .............................. $.2 Suspension of Work-in general ..... .............. __.... 15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others ... _ _ .................. ..13.2 CONI"RACTOR's responsibilities ......................13.5 cost of 13.4 covering Work prior to ... ...... ............. 13.6-13.7 Laws and Regulations(or)....... ................... _., 13.5 Notice of Defects, ..... __ .........._............ _...........13.1 OWNER May Stop Work ... ......... ....... ..........-.13.10 OWNER's independent testing .........................33.4 special, required by ENGINI.6R....... ..............9-6 timely notice recuired.............. I ... ...,....... I ......... 13.4 Uncovering the Work, at ENGINEER's request ............................................... 13, 8-119 Times -- Adjusting.......................................................... 6.6 Change of Contract— . ...... 1 ......... ......... 11.....12 Computation of ............................................. *17.2 Contract Tunes --definition of ...........................J1.12 day.. -- ............................. ...................1.7.2.2 Milestones..............................-...........................12 Requirements -- appeals...... ............................... ............. .1Q 16 clarifications, claims and disputes,,,,,,,,,,,,,•,.„9.11, 11.2, 12 Commencement of Contract Tunes. ,,,,.,.,,•,,., 2.3 Preconstruction Conference ........................ .2.8 schedules ................ ......................... 2,6, 2.9, 6.6 Starting the Work .... ....._.._...................... 1_2.4 Title, Warranty of...................................................14.3 Uncovering Work ......................... ...................13.8-13.9 Underground Facilities, Physical Conditions — definition of....................................................1.41 Not Shown cr Indicated .................. ____ ...._..-. 4.3.2 protection of ....... ............. ........... ..... ___ ... 4.3, 6.20 Shown or Indicated.........................................4.3.1 Unit Price Work— claims..................................._11.9.3 definition of...................................-................1.42 general l 1.9. 14.1. 14.5 Unit Prices— general 11.3.1 Determination for ............................................ 9,10 Use of Premises ............................... 6.16, 6.18, 6.30.2.4 Utility owners............................¢.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial. ......._..._1.28. 5.15. 6.30.2.4, 14.10 Value of the Work...................................................11.3 Values, Schedule of_............................'•6, 2.8-2.9, 14.1 EJCDC GENERA. CONDITIONS 1910-8 (1990 ED1110N) w/ CITY OF FORT COLLINS MODMCATIONS (REV 9/Wi Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. City of Fort Collins Gerry S. Paul Director of Purchasing & Risk Management Variations in Work --Minor Authorized .................. ....................... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site--byENG1NEER................................... 9.2 Waiver of Claims --on Final Payment .....................14,15 Waiver of Rights by insured parties .......... .......5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................0.30 Warranty of Title, CONTRACTORs..................... 14.3 Work -- Access to., .......................................... ........... 13.2 . byothers,_ ..... ...................................................... 7 Changes in the, .................... ............ .............. 10 Continuing the..................................................0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of................... ............... .......I.....7.4 Cost of the.................................................11.4-11.5 definition of 1.43 neglected by C&hTRACTOR............................1114 other Work_ .................... OWNER May Stop Work ....... ............ .............. 13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site . ..... .................... ......... ..7.1-7.3 Startingthe........................................................2A Stopping by CONTRACTOR.............................1.5.5 Stopping by OWNER .................................15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive -- claims pursuant to. ....................................... .... JO.2 definition of 1.44 principal references tq ...................... 10.1-10.2 Written Amendment -- definition of.................:....,...............................1.45 principal references to,,,,,,,,,,,,,,1.10, 3.5, 5.10,15.T2, ............... ..¢.6.2, 6.8,2, 6.19, 10.1, 10A, ............................ 1.1.2,12A,13.122,14.7.2 Written Clarifications and lnterpretaticns...................................3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR ............................7.1, 9.10-9.11, ........................................... 10.4. 11.2. 12.1 by OWNER ....................9.10-9,11, 10A, 11.2, 13.14 xv E.JCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wl MY OF FORT COLLINS MODMCATTONS (REV 9199) (This page left blank intentionally) XIi EJCDC GEN Ud, CONDRIONS 1910.8 (1990 EDMON) w! CITY OF FORT COLUNS MOATFICATION$ (REV 9)'99) GENERAL CONDITIONS ARTICLE 1 DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents, 1 2. Agreement -The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1,3, A plicaGion for Payment -The form accepted by INGR which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one Percent asbestos and iq friable or is releasing asbestos fibers into the air above current action levels estahlished by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bi&hng Docnmrents-The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7, Bidding Requirements --The advertisement or invitation to Bid instructions to bidders, and the Bid form. I.S. Bonds --Performance and Payment bonds and other instruments of security. 1.9. Change Or&,r--A document recommended by 2,1GINMR, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract price or the Contract Times_, issued on or after the Effective Date of the Agreement 1.10, Contract Documents -The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOWs Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) wlC ITY OF FORT COLLINS MODIFICRTIONS (REV 42000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.63 an or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs b.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. I A 1. Contract Price -The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11 9.1 in the case of Unit price Work). 1.12, Contract Times -The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by h"NG1NEEiR'.s written recommendation of finial payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement 1.14, riefective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14,10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16. E_jJecfive Date of the Agreement -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. EN231NEER-The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Considlant- A person, firm or corporation having a contract with ENGINEER to furnish services as ENGIN'r-ER's independent professional associate or consultant %vith respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order -A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 120. General Requirements —Sections of Division 1 of the Specifications. 1.21. Hacardow Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22 _a, Lars and Regulations; Lasin; or Regulations --Any and all applicable laws, rules. regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 1.22.b. Leal Holidays --shall be those holidays observed by the Ciri of port Collins. ] 23, Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. A9ilestone--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Suhstantial Completion of all the Work. 1 25, Notice ofAward A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26, Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) firing the date on which the Contract Times will commcnce to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corporation association firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1 2S. Partial Utilisation —Else by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 129. PCBs —Polychlorinated biphenyls 1.30, Petrokum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non-Iazardous Wastes and crude oils 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radfoacfive Alaterial—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDCGI'NEitAL CONDITIONS 191" 0990 Edition) wi CITY OF FORT COLLINS MODIFICATIONS (REV 4/:000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32 b Regular Woriine Hours --Regular working hours are defined as 7 00am to 6:00pm unless otherwise .s�ecitied in the General Requirements. 1.33. Resident Project Representatiw—The authorized representative of ENGINEER who maybe assixned to the site or any pail thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drawings -All drawings, diagrams, illustrutiorrs, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1_37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thercoQ has progressed to the point where, in the opinion of ENGINFER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the, Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for fugal payment as evidenced by FNGINF,ER's written recommendation of final payment in accordance with paragraph 14,13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1,39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier --A manufacturer, fabricator, supplier, distributor, materialman or vendor having, a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any cncasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic ce other control systems or water. 1.42. Unit Price Work --Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and fumi-N and incorporating materials and equipment into the constructiom, and performing or furnishing services and furnishing documents, all as required by the Contract Documents, I A4. Work Change Directive —A written directive to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions, under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23, A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amenrament---A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMIAiARY MATTERS Delivery of Bon&.- 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Doeunrents- 2 2 OWNER shalt furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished upon request., at the cost of reproduction Commencement of Contract Tim"; Notice toProceed- 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC o3ENI MAL CONDITIONS 1910-S (1990 Edition) wl C31 TY OF FORT CULLINS MODIFICATIONS (REV 412000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. c�Bid-capering-er-#hethirtiethday�€terthe-k'stx'acttva�te of the Agreemdate is earlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall he done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CON"rRACTO.R knew or reasonably should have known thereof. 2,6. Within ten days after the Effective Date of the Agreement (unicss otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2, a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2. L In nnraise will a schedule be acre ble wwhi allows Izss than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.T Before any Work at the site is started, CONTRACTOR and 0;WQ;R shall eaeh deliver to the etlwr OWNER with copies to each identiftzd--in .. IaNcm'1�F.R certificates of insurance (and other evidence of insurance rrasexebiy— request requested by OWNER) which CONTRACTOR _ is required to purchase and maintain in accordance with paragraphs 5.4,—"-and 5 7, Prec:onstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started a conference attended by CONTRACTOR. ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Inidafly Acceptable Scheduler 2.9. Unless otherwise provided in the Contract Doe unicnts Afg4ieation-for- Freyment before any work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as apprriltriate designated by_OWNER, will be held to review Orr to liNGINFER as provided below the schedules submitted in accordance with paragraph16. gqd D elal_Lt qufre tints. CONTRACTOR shall have an additional tom days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGII U-:R responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR'S full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to F.NGMFF,R as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EJCDC OENM&L CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT CQLLINS MODIFICATIONS (REV 42000') describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for, When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work-, materials or equipment such words or phrases shall be interpreted m accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by RNGINFFR as provided in paragraph 9.4. 3.3. Reference to Ntandards and Specifications of Technical Societies; Reporting and Resohing Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or associatic or to the Laws or Regulations of any govermnental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3,2. It during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6: provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolvnig any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of FNGINEER.'s Consultants agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9,13 or any other provision of the Contract Documents. 3A Whenever in the Contract Documents the terms "as ordered" "as directed", "as required", "as allowed" "as approved" or terms of like effect or import arc used, or the adjectives "reasonable", "suitable" "acceptable" "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such teat or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amenr6ng and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways. 3.5.1. a formal WrittenAmendtnent, 3.5.2. a Change Order (pursuant to paragraph I0,4), or EJCDC GENERAL CONDIMONS 1910-8 (1990 Edtian) w/ CITY OF FORT COLLINS MODIFICATIONS {REV 42000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. 1n addition, the requirements of the Contract Documents may be supplemintcd, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENCD=— 's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGI\i'EER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse ofDocurrren& 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performin¢ or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENCIINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or 2daptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS; SU SURFACE AND PHYSICAL CONDITIONS; REFFRFXCE POINTS Availability ofLanda: 4.1. OWNER shall furnish, as indicated in the Contact Documents, the lands upon which the Work is to be perforated, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR trpmreasonable wrinen-request; statetttent of rec card -lapel -title grid dega} -descrfpttort-of-the lands-upon--which-tlte-Wrark-+s-icr I per£arttta�c£ grad OW1�iEIt-'s-interest therein-as-necessary-for-grvir>g-nt�iee of--or-€ding-a maelmrric's 1i.r against -such laridS in a an withand RtgulaEicrns OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply m performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNFR's fumishing these lands, rights -of - way or easements. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12- CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 S*ubsurface and Physical Conditions: 4.2, I. Reports and Drau4ngs: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Con& ions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. and 4.2.12. ft slcal Conditions: Those drawings of physical conditions ui or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Retiance by CONMACTOR Authoriae4' Tecivtical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEFR's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR'S purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precauticxns and programs incident thereto, or 422.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn frotn any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Sribsurface or Physical Conditions: if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 42.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2 2 is materially inaccurate, or 4.2.3.2. is of such a mature as to require a change in the Contract Documents, or 42.3.3. differs materially from that shown or VC-I)C OEN- ERAL CONDMoNs 191" o990 E(tition) w! CITY OF FORT COLLINS MODIFICATIONS (REV 412000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent ui work of the character provided for in the Contract Documents, then CONTRACTOR shall, prernptly imme&Lely after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as p�nnitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR stall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 442.4. ENGINEER''• Review: IENGINETR will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of fiNUINHER's findings and conclusions. 4.2.5. Possible Contract Documents Change: if hNGINEER concludes that a changc in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.23, a Work Change Directive or a Change Order will he issued as provided in Article 10 to reflect and document the consequences of such change. 4.16 Possible Price and 'Times Adjustments.' An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cast of, or time required for performance of the Work, subject, however, to the following: 4.2.6.1. such condition must meet anv one or more of the categories described in paragraphs 4.2.3.1 through 42.3.4, inclusive; 4.2.6.2_ a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustor ent, 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.1 U and 11.9-. and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Tunes 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract, or 4.2.6.4.2, the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTR.ACTOR's making such final commitment; or 4.2.6.43, CONI'RA(,-1'OR tailed to five the written notice within the time and as required bY' paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 1 I and 12. However, MkINk Rx ENGINEF;R and E1,JGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shorn orlpideate& The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINFFR by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will he included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in pare aph620 and repairing any damage thereto resulting from the Work. 4.3.2. Mal Shoun or Indicated If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately alter becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by parawaph 6 23). identify the owner of such Underground Facility and EICDC OENET,AL CONDln ONS 1910-9 ii 990 E(itim) wfCiTYOfrOkTCOLLINS MODIFICATIONS (R VU2009) give written notice to that owner and to OWNER and ENGINMR. 1%TG=-R will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph6M CONTRACTOR sh" may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonnahly have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONIRACTOR may make a claim therefor as provided in Articles i i and 12. However, OWNER, FNGTNF,ER and 1NGINF.F,R's Consultants shall not be liable to CONTRACTOR for any claims, coasts, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points• 4A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, lla ,ardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, hazardous Wage or Radioactive Material uncovered or revealed at the site which was nod shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brouilnt to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 4 5:2:--�'I-TRAC-�9Rshall-immediately-(�stap�sll sttoh—ntitiee--in—wit �3--�?V.'PFi�R--shall—promptly corr"t-with-El GRZERsit. -for OWNER-te,ietain-a qualified expert -to -evaluate -such Ck3Fiq RACE 43R shall not ba rcxluired o-resume-Work anv-r fired pernoits--related-therete-Rrt&-delivered-to that -such -condition -and -any -of ,wAed-area-is of has-been litheF- Mial+ c A .44- 1C--after reeaipt e€, dial avfttterrxetre-e C.ONTRAMOR-clots notagrae to rEsuma sudr�vcxk onnditiort��hen rna ordaFsu��,f tho Work that ig in mNCIOn with in ��lidS4pn�r—o4'RTl-ii 1t m x rc nun. cn r rlwrrta Ar r.�o Find-��„-,��->�. agrc�-ague-entitlerneattc�or-tha amountcaFe3.temtsf-an the aithar-patty-tntayattalEe-e-elaatt aherafor-es-proved-in A ftieles 11 and 12 n11WER w. A .. L......meh deleted poniea of-tha-�VorlE }�erfetttted-by E4W S-cavn fcaraes�-oihars ineceorrdance-w•itli-A�rticle-�- Regulations,--9W#F�--shall--inderrtni€y- and-lsold Mass----�AA1-TIt,AET-0R; StibEontr�texers� efTlcers�-dirac�Eors�-•-ern+pk>yres:• _-agznts,-�-artier c>reukanLs and- ribeonttautcas ErL-each end --any of them-€rem--snd-egsirrst-stirelainrt�eost�-losses-and �tl-ar3sit�---ottt�-o€-or--resulting-frottr --suEh hazardous eonditi , oosk Icons •errciemttge-is stir#table to bodily -injury; inckaland f n)-nethirtg-'►n- th>y -subpa ra�aPli-43:4-sla;ll-cib}igate <3Vl+NER—to-indemn4y ,any--persm-cor-entity- from- and own negligenoe-. 4.5.5. The F not intended to HaZaFdous-W`as p TOrblAp a€-th EJCDCGENERAL CONDmno m1910-8(t990E(fition) wt CiTY OF FORT COLLINS MODIGICATIONS (REV 4/7000) ARTICLE S--BONDS AM INSURANCE Performance, Payment and Other Bands: 5.1. CONTRACTOR shall furnish performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also famish such other Bands as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current fist of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staft Bureau of nm Goverent FinsnclaI Operations, U.S. Treasun, Department All Bonds signed by an agent must be accompanied by a certified copy of such agcnt's authority to act. 5.2. If the surety on any Bond fumMed by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required- Such surety and insurance companies shall also meet such additional requirements and qualifications its may be provided in the Supplementary Conditions, 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER -shall additienml-k-a-reel-identified-in--ihe-Su ementary and inlairr-in ae30F7Ffia; e-WiLh paragraphs c 6 and 5.7 t...e..f SECTION 00100 INSTRUCTIONS TO BIDDERS COMR4C'OR's Liability Insurance: 5,4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of tbem to perform or fiimish any of the ~Fork, or by anyone for whose acts any of them may be liable 5.4.1. claims under workers' compensation disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or heath of CONTRACfOR's employees; 5.4-3- claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; �:4.4,-csks�»s--for-damages---insur�l-hy-earstomary iiidiresily-relat-sash-person-hy r•r�rrroar rnr7 r.;� a ,. ..a.._ ..., .... c 4t�Fi4ftHt�t� 5.4.5, claims for damages, other than to the Work itself~ because of injury to or destruction of tangible property wherever located, including loss of use resultingtherefrom; and 5.4A. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5A to be purchased and maintained shall 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and ,5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, E JGTNEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds. 5.4.5. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance-, ElCDC 0EN XAL CONDITIONS 1910-3 (1990 Edtim) w.! t`i TY OF FORT COLLINS Iv tODIF1CATIONS ORE V AP_ 000) 5.4,10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33, 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at Iewt thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacing diefeciive Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any, insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's 5 5. in addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's Option, may purchase and maintain at OANER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Docuatelts Property, Insurance. 54 ------ Unless•-Otherw-ise- pr trery C-osditiorts,- 0W1, ISR-- xhali intain of -the -full, replacement--cost-thereof4sub*-t -to-such dactttoti big-atnexrnts-as-haay--tre-- prcw.i...--in---the Supplementary-Conditioms or---required--by--laws--and Regulations}-Tltth tnsucnr shell: -5:6:1-.-_include - interests- ef--{3WNF R ENOD :�rtitie�s--ideuttifiecl--in-hha-,Supplementary--C�melitiorffi; each of -whom is-deerned to -hare sn insurable interest andshah-be listed as -an insured ca acktitional-insuued §:6 2---6e wt3ttcn-cur rr i3uildeF s Rsad "all -mk" or and kttar-1re the—follov♦ng—perils F�a�a, lighta�tendad coverage- theft:-vends}isnrand rnflhciaus mischief 5 6.3:--itielude--e tpe-ineurred-m-the-repair- err rep}i ent-ofany-insured-proMW (inc}udingbut wt arehitft*; or-at-another4ocation-that was-agreed.writang by prcaviEied thrit-suEh materta --andequipment-hava-been by iET sbR and 1 AW 54, -and-rna3ntain--su.eh-boiler as-may-sae--fe uifed-by-th,--Supplementafy-C-onditiorts crlisted a lmF Emil meintairied-l�-f3W��•ai aecordartee-withLperagraphs 3f 5.7 aided -*r- materially �af��d-oF-renews'-r�F>�-tail-�t-lea$t-ihiriv-d��y$-priox written---notice--has- n--i, whom -a-eerti€twat"-insufmne%-hA9�->ae�i- issued -and, -w4l any-io in —a - -with1 gmph S. 11. 59. OWNER shall not be resTxmsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR Suboontractors or others to the War& to the e?aent of any deduatible amewits that -we identi€teEk-in-lhe Suppleriicxitart'-+oenditior>9—=fhe-l3sk-of such--}c02-arid if -a eF-thern wisi-r{aparty incuurar eovera6e- within-t}te--limitg--of- such-amounts,--meh-may piuc}te5earid nieinkain-itaF-tire-purchaser'-s-owrtex-per�e. -SAO. -_Af-G0NT7RACTUR--FegL1e5L4-1rt -wlltif>'• t}18t-l3iltCF as �Iranee, and the eed r arm-Qrder Wii,Amendment. PAM-te VCDCGENERAL. CONDITIONS 1910-9 (1990 Edition) 10 w! CITY OF FORT COL.LI NS MODIFICA.IIONS (REV 4,1000) oamnaenmement of the Work -at the > te; 4W shah in S. 1 1 ,1. f1(WMk and Qgl . T-"TV�SS"L'aiL'n.aH paliciespttrshasud-ittasser ee-with-par"phs -S�< 1 c -r Wi4l ..... o n11r Tnn C-0 ,4>, A rTnR- Subovntrec4fxs; - `a�::Til�b`F$; -- -�i3C�fPFFsE}2's irlstareds-or-additions}-itmTfeek--irl-sex�tt-�olieies-end n ffevide PFiffiffy r n In �1 darn ages-Eeused-by-the-mils--vered-thereby:--.._AN -ihereunde. and G0W%kG:FGR waive all Eireuorsv tr in---9d<}IttOr ;— wStVe--un�aazTifg�iL4—against OTlsultatiiS-and all Other p8r9t7n4 E3F 8lititl", entified ieftq to be listed losses and damages a A;Iqod At shall extffld to FAhepNise psi+al?It'tlndeFany-p9llfy-S6IS6tH'd: agei---cq�ca —sta �€€taai� �ir�rs=-ei�y�-$►ter-s-o€-ar�-af tl�n:-fsr: oe ,.� :oF-�,eF-«aferit�--er�-ten�iri� beyon,"irea-phy�i}-�---4Jamaglz-t0 ar�i�-e�t�-or-Feel It iris-fratri-Ufa-oF�liaF-peal; whedwfar-not-{mured by -and S-I-l-��—f�-� dafnaga to-t#te--cotiipktad by. misirgoutof of ferlting &aln Gfe or sthasured !by Bay Pr-spef4y insumns-8 =vered dw*g---partial r . ,a -pursuant--4e paragraph�4. -campletlori pumam-to p eph-.}48 of ali+sf-tole} payment raeorary agaimt- any flf GONTRt1 FF�I� Subcontractom, Receipt andApplicalion oflnsuranceProceeds-. 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection he made, OWNI-'R as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. if no such agreement among the parties in interest is reached, OWNTER as fiduciary shall adjust and settle the loss with the insurers ir,o il . rtiivn ri r� icliicia^ .� II FS e bona �e Acceptance ofBondvand Insurance; Option to Replace: 5J4. If ctitlter-tttay OWNER has any objection to the coverage afforded by or richer provisions of the Bon&or insurance required to be purchased and maintained by the tr11--pKt4y CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents. the e�jeeting�rty"sFmll-sa•rtctify'`�ecathtrpartY OWTIII2 will n���C2i_'gT�E1�'OR in wrlhng within tent f� days after reeeipt deli of the certificates feu -cam e�idense requested) Io OWNER as required by paxagmph 2.7. OWNER End CONTRACTOR shall eHeh pfevide to atliar-sue#t-afklit#eu�I--irifetmatiorr�nj-resp�t-o€-utsttranee prswitled--as, -the -other-may-yea bly--request --If-either party--does-not purchase-sir-maintain--all-4--the-Bonds-,and insurance ---required --- o€-.such --party---by -the Certt{ad Dot urnents-stwh-patty--shall-noel _1 r' ._iffi`ly_ writing of such -failure -to purchase prior- to -the-start of die set-ittairiteirt- the feqtlifed F ' araremealy,-•ilia-others party-rnay.bled:-ta obtaiir-ectu�aleni 13orxls-tr insurancesty pnc+tes;t sus:h-evtlier-party's-interests st ilia expanse-ol thu party-who•was-required to provide -such eoverapt and a Oontraet-lh ieettecorslingly: Partial Utilization -Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EXOC UENEIOIL, CONDITIONS 191" (1990 t:46 n) RICITY OF FOkT COLLINS MODIFICATIONS (REV 9t2000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.1 a, provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing- effected any chang,es in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTIC Lk: 6-CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall I be solely responsible for the means, methods, techniques, sequences and procedures of construction, but C.ONTRAc'I'OR shall not he responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to sce that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and INGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All comtnunirations to the superintendent shall be as binding as if given to CONTRACTOR, Labor, Materials and Equipment. 6-3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents, CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINTEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday. Su nday, Holidays or outside the Regular Working Hours, 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliarwes, fuel. power, light, heat, telephone, water, sanitary facilities, ternporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6 4 1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copv of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restriction,: City of Fort (Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not mot in cement kilns that bum ha7xdfous waste as a fuel. 6.5, All materials and equipment shall be of good Kquaand new, except as otherwise provided in the ct Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below. 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not cliange the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto_ 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submittal in accordance with the requirements of paragraph 12.1. Such adjustments may (wily be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCDCOV CONDMONS191"(IME(itiai) w! CITY OF FORT COLLINS MODIrICATIONS tlol• V 4R000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 'Vr-Equal": If in ENGIN'i1,R's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, he accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substihde Items: If in ENGLNEER's sole discretion an item of material or equimppment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances.. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOWs achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all coats or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors at%cted by the resulting change, all of which will be CONTRACTOR shall perform not less than 20 considered by ENGINEER in evaluating the Rercznt of the Work ytitith its own forces (that ,is, proposed substitute. ENGINEER may require without subountractin . The ?t) rcent requirement CONTRACTOR to furnish additional data about shall be unders400d to refer io the Work tie value of the proposed substitute. which totals not less than 20 percent of the Contract Price_ 6.7.1.3. CO14 RACTOIR's Expense: All data to be provided by CONTRACTOR in support of any 6.8.2. It the —Sttppletttet�iat3-Geriditions Bidding proposed "or -equal" or substitute item will be at Documents require the identity of certain CONTRACTOR's expense. Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the 6.7.2. Substitute Constriction McLhods or principal items of materials or equipment) to be Procedures: If a specific means, method technique, suhmitied to OWNER in advance of tha ifred sequence or procedure of construction is shown or data prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINERP and ---if Documents CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. OWNER's or ENGINEER's acceptance` (either in CONTRACTOR shrill submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER, in ENGINPHWs sole discretion, to by the date indicated for acceptance or objection in detemune that the substitute proposed is equivalent to the bidding; documents or the Contract Documents) of that expressly called for by the Contract Documents. any-sUslr ubcaattaeter 3trpplier ear otheF perm or The procedure for review by ENGINEER will be so similar to that provided in subparagraph 6.7.1.2. its of wasarrakile tigaten; �' h e ( i0 k l 6,7.3. Engineers Evafualicn7: ENGINEER will be aQNi11� �w 111 �1 �itr.+�a coat Sk] Y—yrssi ii,R ail aceepts!>k sub9titu3ter tlte-Ctmtraet-Frieee �vi11 Ire allowed a reasonable time within which to evaluate ediusted h, the oe4. each propel or submittal made pursuant to s-aubstiion end arcpriet�-Ghartge-flriier paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or _constitute a condition of the Contract rtyVir-mg the substitute will be ordered, installed or utilized without use of the named suhconcracltors, suppliers or other hNGTNGER'.s prior written acceptance which will be persons or organization on the Work unless prior evidenced by either a Change Order or an approved written appmvil is obtained from OWNER and Shop Drawing. OWNER may require ENGINEER. No acceptance by OWNER or CONTRACTOR to famish at CONTRACTOR's ENGINEER of any such Subcontractor, Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver surety with respect to any "or -equal" or substitute. of any right of OWNER or ENGINEER to reject ENGINEER will record time required by defective Work. ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by 6_9. CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making charges in the Contract 6.9.1. CONTRACTOR shall be fully responsible to Documents (or in the provisions of any other direct OWNER and ENGINEER for all acts and omissions contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby. IN7tether or not ENGINEER and organizations performing or furnishing any of the accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR, CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINEER and responsible for CONTRACTOR's own acts and ENGTNEER's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item, create for the benefit of any such Subcontractor, Supplier or other person or organization any 6.8. Concerning Subcontractors, Suppliers and contractual relationship between OWNER or Others: ENGrNT-,ER and any such Subcontractor, Supplier or other person of organization, nor shall it create any 6.8-1. CONTRACTOR shall not employ any obligation on the part of OWNER or ENGINEER to Subcontractor, Supplier or other person or organization pay or to see to the payment of any monays due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6.8.2), whether organirstion except as may otherwise be required by initially or as a substitute, against whom OWNER or Laws and Regulations. OWNER or ENGINEER may ENGINEER may have reasonable objection. furnish to am, subcontractor, supplier or other person CONTRACTOR shall not be required to employ any or organization evidence of amounts Raid to Subcontractor, Supplier or other person or organization coml'RACTOR in accordance with to furnish or perform any of the Work against whom CONTRACTOR'S "Applications for Payment". CONTRACTOR has reasonable objection EJCDC GENERAL CONDITIONS 1910-8 (1990 BMW w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and aganizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of an Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terns and conditions of the Caruract Documents for the benefit of OWNER and ENGINEER. Whenever any�ushagraement additier+a�tn9ur d an-tlx }RFI xepetir irtsuranee i m v►ded tin CONTRACT and -the -Subeonuaetor-or-,.Supplier-will Toig, RR any of the pefils e6ywd t7nn to tbe-Wor"f-the-insurers _on any :sarcia pc�}i©tes require c n-n nrT( Will Patent Fees and Re values.' 6,12. CONTRACTOR shall pay all license fees and royalties and assume all oasts incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the Tannest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, cots, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Wort: or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. ElCOC GENERAL CONDMOM 1910-8 11990 Edition) 14 wl CITY OF FORT COLLINS MODtitCAT10NS (RE-V 412000) Permits 6.13. Unless otherwise ovided in the Supplements Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, an the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Lawn and Regulations. 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or havingreason to know that it is contrary to Laws or Regations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes. 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15,1. OWNER is exempt from Colorado State and kx�al _sales and use taxes on materials to be cee anently incorporated into the oroiect. Said taxes shall not be included in the Contract Price. Address: Colorado Dmartment of Revenue State Capital Annex 1375 Sherman Street Denver. Colorado 80261 Sales and Use Taxes for the Slate of Colorado Reuorml Transportation District (RTD) and certain Colorado counties are collected by the State of golgra4p and are ascituied in the Certification of Exemption. All applicable Sales and Use Taxes Cirtcludirta State aillected taszs) on anv items other than construction and building materials physically incorporated into the project are to bz paid by CONTRACTOR and are to bbee included in aooroonate bid items. Use of Prenuses: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and arras identified in and permitted by the Contract Documents and other land and areas permitted by laws aril Regulations, rights -of -way, permits and casements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work-, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shalt, to the fullest extent permitted by Laws and Regulations, indcmnify and hold harmless OWNER, ENGINEER ENGIlVEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Wort;.. 6.17. During the progress of the tv'ork, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work_ At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to oriel condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Document, EJCDC UEN£ftAt, COMMONS 1910-8 (1990 Edtidn) w/ CITY Or FORT COLLINS MODIRCATIONS MEV V2000) 6.t9. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments. Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference Upon completion of the Work, and prior to release of final pavinent, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6:20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety oC and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection, CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal. relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly cm indirectly, in whole or in part, by CONTRACTOR, arty Subcontractor, Supplier or any other person or organization directly cx indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER. or ENGINEER or ENGINE-ER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in Wit, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. SafeoRepresentative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Conimiurication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to he made available to or exchanged between or among employers at the site in accordance with laws or Regulations. l nergencies.- 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or FNGTNEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations. from the Contract Documents have been caused thereby. If ENGINEER determincs that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and ,Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EJCDC GENERAL CONDMOM 1910-9 (1990 E(fition) 16 wt C1 TY OF FORT COLD NS MODIFICATIONS (REV 412000) purposes required by paragraph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Awcedures: 6.15.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and instal ation pertaining to the performance of the Work, and 6.25.1.3. all information relative to C,ONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents, 6.25 2- Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3, At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any that the Shop Drawing or Sample submitted may have from the requirements of the Contract Document.% such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGr,%TEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9, ENGLNEER°s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals 627. ENGINEER'.s review and approval of Shop Drawing or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACIORR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9. any related Work performed prior to ENGINEER's review and approval of the frertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the N%ork: 6.29. CONTRACTOR shall cant' on the Work and adhere to the progress schedule during all disputes or disagreements with Ol' NMR. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing,. 6.30. CONTRACTOR's General iFarranttr and C,uarantee- 6.30.1, CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultant% that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers, air 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC (JENEM CONDI12 ONS 1910-8 (1990 Ution) w+CITY OF FORT COLLINS MODIRCATIONS MEv 42000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER, 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.224 use or occupancy of the Work or any part thereof by OWNER; 0.30.2.5, any acceptance by OWNrER or any failure to do so. 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accef"bahty by ENGINEER pursuant to paragraph 14.13: 6.30.2.7, any inspection, test or approval by others; or 6.30.2.8. any correction of &fective Work by OWNER Indemnification: 6.31, To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEERS Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting loom the performance of the Work, provided that any such claim, cast, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting; therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in pan by any negligence or om ission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity, 6.32. In an), and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payablc by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers compensation acts, disability benefit ads or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants. officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Sunimml of Obligations: 6,34. All representations, indemnifications, warranties and guarantees made in. required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work-- and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain Gencral Conditions similar to these, or have other work performed by utility ov;wrs. If the fact that such other work is to be performed was not noted in the Contract Documents, then. (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER., if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise Provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting* and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and r�s�monsibilitics of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EXEC OENE]t.4L CONDITIONS 191" (1990 Edition) 18 wi CITY OF FORT COLLINS MODIFICATIONS (REV 412000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CON, TRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOWs failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONITRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7A.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; acid 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8—OR'NER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of FNGMEER. OWNER shall appoint an engineer against whemmflP�TRACT{3R-mmttkr no -reasonable ebjeetiorm whose status under the Contract Documents shall be that of the former ENGINEER. 83. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing