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HomeMy WebLinkAboutBID - 8140 MAX BRT TICKET VENDING MACHINE TRIM REPLACEMENTSPECIFICATIONS AND CONTRACT DOCUMENTS FOR MAX BRT TICKET VENDING MACHINE TRIM REPLACEMENT BID NO. 8140 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS AUGUST 5, 2015 – 3:00 P.M. (OUR CLOCK) 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 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-A1 - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 Federal Terms and 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 SECTION 00020 INVITATION TO BID SECTION 00020 INVITATION TO BID Date: July 8, 2015 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 August 5, 2015, for the MAX BRT Ticket Vending Machine Trim Replacement; BID NO. 8140. 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 8140. The Work shall consist of removal, demolition, fabrication and installation of metal sheet paneling as trim for the ticket vending machines along the MAX BRT transportation corridor. The work includes all materials required to complete the work, including all labor, equipment, and traffic control. Federal requirements and Davis-Bacon wages apply. 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. 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 1:00 PM, on July 21, 2015, in Conference Room 2A at 215 N Mason Street, 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:  Rocky Mountain E-Purchasing System: www.rockymountainbidsystem.com Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 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 Paul Purchasing Director SECTION 00100 INSTRUCTIONS TO BIDDERS 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 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. 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 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. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non-responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 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. 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 SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT: 8140 MAX BRT Ticket Vending Machine Trim Replacement Place: Date: 1. In compliance with your Invitation to Bid dated , 20 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment Bonds is as follows: . 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through . 8. BID SCHEDULE (Base Bid) LUMP SUM BASE BID $ IN WORDS: 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: CONTRACTOR BY: Printed Date Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Email SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and , as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ 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, 8140 MAX BRT Ticket Vending Machine Trim Replacement. 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. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20__, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL SURETY Name: Address: By: By: Title: Title: ATTEST: By: (SEAL) (SEAL) SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank Reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General Contractor? If yes, in what city, county and state? What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? If yes, what percent of total contract? And to whom? 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL 21. What are the limits of your public liability? DETAIL What company? 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at ________________ this ______ day of __________________, 20__. Company: By: Printed: Title: State of County of being duly sworn deposes and says that he is of (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____________, 20__. (Seal) Notary Public My commission expires: . SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: [Date] TO: [Contractor] PROJECT: 8140 MAX BRT Ticket Vending Machine Trim Replacement OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated [Contractor's Bid Date] for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8140 MAX BRT Ticket Vending Machine Trim Replacement. The Price of your Agreement is ($ ). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by [Date]. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By: Gerry Paul Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and [Contractor] (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 8140 MAX BRT Ticket Vending Machine Trim Replacement and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Ditesco, 1315 Oakridge Drive, Suite 120, Fort Collins, CO 80525, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within ninty (90) 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 ten (10) 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: Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the Ninety (90) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Two Hundred Fifty Dollars ($250.00) for each calendar day or fraction thereof that expires after the ten (10) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Dollars ($ ), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, 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: N/A The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers to , inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR] By: By: GERRY PAUL PURCHASING DIRECTOR PRINTED Date: Title: Date: Date: Attest: (CORPORATE SEAL) City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Attest: Approved as to Form Address for giving notices: Assistant City Attorney License No.: SECTION 00530 NOTICE TO PROCEED Description of Work: 8140 MAX BRT Ticket Vending Machine Trim Replacement To: [Contractor] 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 By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20__. CONTRACTOR: [Contractor] By: 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 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (firm) (address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the [Day] day of [Month], 20[Year], a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8140 MAX BRT Ticket Vending Machine Trim Replacement. 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 executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of _____ ____, 20__. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By:_____________________________________ _____________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (firm) (address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto 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 Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the [Day] day of [Month], 20[Year], a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8140 MAX BRT Ticket Vending Machine Trim Replacement. 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, this day of , 20__. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By:_____________________________________ _____________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor’s general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8140 MAX BRT Ticket Vending Machine Trim Replacement PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: [Contractor] CONTRACT DATE: [Date] The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the 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 By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20__ TO: [Contractor] Gentlemen: You are hereby notified that on the day of , 20__, the City of Fort Collins, Colorado, has accepted the Work completed by [Contractor] for the City of Fort Collins project, 8140 MAX BRT Ticket Vending Machine Trim Replacement. 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 [Contract Date]. 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 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: [Contractor] (CONTRACTOR) PROJECT: 8140 MAX BRT Ticket Vending Machine Trim Replacement 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 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: [CONTRACTOR] By: 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: [Contractor] PROJECT: 8140 MAX BRT Ticket Vending Machine Trim Replacement CONTRACT DATE: [Date] In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for . (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , 20____ . (Surety Company) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE 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 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: N/A 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: N/A SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 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). 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-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. FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED 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. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, 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 Contract Characteristics Operationa l Service Contract Turnkey Constructio n Architectural Engineering Acquisitio n of Rolling Stock Professional Services I State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects None None unless1 non- competitive award Those imposed on state pass thru to Contractor None Yes, if non- competitive award or if funded thru2 5307/5309/5 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. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. E. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. F. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (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. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. G. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). H. 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 [10] 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. I. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. J. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 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 seq., (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) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is __ %. A separate contract goal [of __ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. {If a separate contract goal has been established, use the following} 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] [concurrent with and accompanying an initial proposal] [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][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the City of Fort Collins. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the City of Fort Collins and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.] e. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.” Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BUY AMERICA The contractor agrees to comply with 49 U.S.C. 5323(j) 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. 5323(j)(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. 5323(j)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(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. 5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(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. 5323(j)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(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. 5323(j)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(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, 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, ___________________, 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 contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 16. 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. 17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Background and Application The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts “financed at least in part by loans or grants from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non-construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an amount that is not greater than $100,000.” 40 USC 3701(b)(3) (A)(iii). The Act applies to construction contracts and, in very limited circumstances, non- construction projects that employ “laborers or mechanics on a public work.” These non- construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed “commercial items.” 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below. The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to ensure the Act’s requirements are satisfied. Clause Language Contract Work Hours and Safety Standards (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate 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. 18. 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. (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). 19. 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. 20. 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. 21. 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. 22. 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@fcgov.com or calling 970-221-6775. DAVIS BACON WAGE RATES General Decision Number: CO150008 01/09/2015 CO8 Superseded General Decision Number: CO20140008 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) Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 01/09/2015 ASBE0028-001 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 ------------------------------------------------------------------------------------------------------------------------------ CARP1001-001 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 01/01/2015 Rates Fringes Elevator Constructor ........................................................................ $ 40.68 28.385+a+b FOOTNOTE: a. Vacation: 6%/under 5 years based on regular hourly rate for all hours worked. 8%/over 5 years based on regular hourly rate for all hours worked. b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day. ------------------------------------------------------------------------------------------------------------------------------ IRON0024-001 11/01/2013 Rates Fringes IRONWORKER, STRUCTURAL.......... ............................................ $ 24.80 10.14 ------------------------------------------------------------------------------------------------------------------------------ PAIN0930-001 07/01/2014 Rates Fringes GLAZIER.......................... ................................................................ $ 29.67 7.52 ------------------------------------------------------------------------------------------------------------------------------ PLAS0577-001 05/01/2014 Rates Fringes CEMENT MASON/CONCRETE FINISHER... .................................. $ 24.00 10.23 ------------------------------------------------------------------------------------------------------------------------------ PLUM0003-001 07/01/2014 Rates Fringes PLUMBER (Excluding HVAC work)....... ....................................................... $ 31.93 12.34 ------------------------------------------------------------------------------------------------------------------------------ PLUM0208-001 07/01/2013 Rates Fringes PIPEFITTER (Including HVAC pipe)....... ......................................................... $ 33.35 12.27 ------------------------------------------------------------------------------------------------------------------------------ SHEE0009-001 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 a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 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 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: [Project Name] CONTRACTOR: [Contractor] PROJECT NUMBER: 8140 MAX BRT Ticket Vending Machine Trim Replacement 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: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing SECTION 00960 APPLICATION FOR PAYMENT PROJECT MANUAL MAX BRT TICKET VENDING MACHINE TRIM REPLACEMENT FOR City of Fort Collins Engineering Department JUNE 21, 2015 IFC June 21, 2015 Ditesco PROJECT MANUAL TABLE OF CONTENTS CITY OF FORT COLLINS TVM TRIM REPLACEMENT PROJECT PROJECT NO. XX-XXX Section No. Subject Page(s) 00001 Cover ................................................................................................................................... 1 00005 Table of Contents ................................................................................................................ 2 BIDDING INFORMATION ...................................................................................................... 00020 to 00430 CONTRACT DOCUMENTS ................................................................................................... 00500 to 00670 CONDITIONS OF THE CONTRACT ..................................................................................... 00700 to 00960 SUPPLEMENTARY CONDITIONS FEDERAL TRANSIT ADMINISTRATION REQUIREMENTS DAVIS BACON WAGE RATES (certified payrolls required) DIVISION 1—GENERAL REQUIREMENTS 01 11 00 Summary of Work .............................................................................................. 01 11 00-05 01 25 00 Measurement and Payment ............................................................................... 01 25 00-03 01 29 00 Schedule of Values ............................................................................................ 01 29 00-02 01 31 19 Project Meetings ................................................................................................ 01 31 19-04 01 32 16 Construction Project Schedules ......................................................................... 01 32 13-03 01 33 00 Submittal Procedures ......................................................................................... 01 33 00-07 01 45 00 Quality Control ................................................................................................... 01 45 00-02 01 52 00 Temporary Construction Facilities ..................................................................... 01 52 00-03 01 55 26 Traffic Control ..................................................................................................... 01 55 26-03 01 74 00 Cleaning ............................................................................................................. 01 74 00-02 01 77 00 Close Out Procedures ........................................................................................ 01 77 00-04 01 78 23 Project Record Documents ................................................................................ 01 78 23-03 DIVISION 2—EXISTING CONDITIONS 02 41 00 Demolition .......................................................................................................... 02 41 00-03 DIVISION 7—SHEET METAL FLASHING AND TRIM 07 62 00 Sheet Metal Flashing and Trim .......................................................................... 07 62 00-04 Appendix A Picture References of Trim Locations Appendix B Drawings and Details END OF CONTENTS TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 11 00 SUMMARY OF WORK ____________________________________________________________________________________ IFC June 21, 2015 01 11 00-1 Ditesco SECTION 01 11 00 - SUMMARY OF WORK PART 1 GENERAL 1.1 SECTION INCLUDES A. Work covered by contract documents B. Work by Owner C. Work by others D. Contractor use of site and premises E. Work sequence F. Owner occupancy G. Partial Owner Occupancy H. Protection of public and private property I. Maintenance of traffic J. Barricades and lights K. Lines and grades L. Regulatory requirements M. Cutting and patching N. Alteration Project Procedures O. Coordination 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of this Contract consists of removal, demolition, fabrication and installation of metal sheet paneling as trim for ticket vending machines along the MAX BRT transportation corridor. B. Furnish all materials, equipment, supplies, and appurtenances; provide all construction equipment and tools; and perform all necessary labor and supervision. C. Coordinate the progress of the Work including coordination between trades, subcontractors, suppliers, public utilities and Owner to ensure the progress of Work. D. It is the intent of this contract that Work proceed in the most expeditious manner possible. E. The Work included in the lump sum price comprises all work completed by the CONTRACTOR to construct the MAX BRT TVM Trim Replacement Project. The project includes tasks described herein and as outlined on the project plans. 1.3 WORK BY OWNER TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 11 00 SUMMARY OF WORK ____________________________________________________________________________________ IFC June 21, 2015 01 11 00-2 Ditesco A. Normal day to day operations of the MAX BRT system will be on-going; construction shall not isolate or impact existing activities. The CONTRACTOR will be expected to coordinate project construction activities around these day to day operations including advance notification of work to Transfort operations personnel. Normal operation of the MAX BRT system may cause the Contractor to stop or delay work at any time. The Contractor shall prepare his/her work plan and price the work accordingly. 1.4 WORK BY OTHERS A. The City of Fort Collins may have other Contractors on the project site performing various other work during the course of this project. The Owner has not fully defined the limits and durations of these other projects. However, it is expected that other contractors will be performing warranty work along the BRT corridor including concrete replacement, electrical and lighting maintenance and landscaping replacement. 1.5 CONTRACTOR USE OF SITE AND PREMISES A. Contractor shall limit his use of the premises for Work and storage, to allow for Owner occupancy. B. Coordinate use of premises under direction of Engineer and Project Manager. C. Assume full responsibility for the protection and safekeeping of products stored on site under this Contract. D. Move any stored products, under Contractor's control, which interfere with operations of the Owner. E. Obtain and pay for the use of additional storage or work areas needed for operations. F. Contractor may use those areas indicated on the drawings for staging and storage and such additional areas as Engineer or Project Manager may designate. 1.6 WORK SEQUENCE A. Construct Work in stages to allow for Owner's continuous occupancy and for uninterrupted service. Provide “Detailed Work Plan” for each Phase of the project and for every item of Work on the project as required in Section 01 32 16. Coordinate construction schedule and operations with the Engineer and Owner’s Project Manager. Work shall be completed at times acceptable to the Owner. This includes evenings, weekends or non-BRT operational times. All Work shall be done as to not endanger customers or pedestrians throughout the project sites. The CONTRACTOR shall minimize all outages to TVMs or platform spaces and shall coordinate the outages and duration with the Owner a minimum of 7 days prior to commencing work. B. Sequences other than those specified will be considered by Engineer, provided they afford equivalent continuity of operations. C. Construction services performed in accordance with the Agreement and specifications include the following: 1. Base Bid a. The base bid includes demolition, removal, preparation, fabrication and installation of new TVM metal panel trim at locations shown in these specifications and as detailed in the drawings. 2. Alternates a. There are no alternates to the base bid. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 11 00 SUMMARY OF WORK ____________________________________________________________________________________ IFC June 21, 2015 01 11 00-3 Ditesco 3. Work shall include all items incidental to completion of the project whether or not specifically called for including, but not limited to project coordination, traffic control, existing facility protection, staging, repair, cleaning and mobilization/demobilization. D. Contract times and completion dates. Construction services performed in accordance with the Agreement and Specifications are based on the following schedules: 1. Construction Period: a. Notice-to-Proceed is anticipated around July 30, 2015. The Contractor shall be substantially complete within 90 calendar days. Substantial completion is expected around October 30, 2015. The Contractor shall be finally complete within 10 calendar days of substantial completion. Final completion is expected near November 10, 2015. 2. The Contractor is directed to the Agreement, Section 00500 which outline Time of Completion requirements and Liquidated Damages. Substantial and final completion are further defined in Section 01 77 00. 1.7 OWNER OCCUPANCY A. Owner will occupy the premises during the entire period of construction for the conduct of his normal operations. Cooperate with Owner in all construction operations to minimize conflict, and to facilitate Owner usage. 1.8 EASEMENTS AND RIGHT-OF-WAY A. In general, Owner will provide full use of premises for construction of improvements. Exceptions shall be identified within the contract documents. Owner reserves the right to limit site access as required for changes in operations. B. Confine construction operations to the immediate vicinity of the location indicated on drawings and use due care in placing construction tools, equipment, materials and supplies, so as to cause the least possible damage to property and interference with traffic. 1.9 PROTECTION OF PROPERTY A. Protect, shore, brace, support, and maintain machines and facilities affected by construction operations. B. Restore to their original condition, pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences sod and other surface structures affected by construction operations. C. Use new materials for replacement. D. Contractor shall be responsible for all damage to streets, sidewalks, pavements, roads, shoulders, ditches, embankments, culverts, location or character, which may be caused by transporting equipment, materials, or personnel to or from the Work or any or site thereof, whether by him or his subcontractors. E. Make satisfactory and acceptable arrangements with the Owner of, or the agency or authority having jurisdiction over, any damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. F. Keep fire hydrants and water control valves free from obstruction and available for use at all times. 1.10 MAINTENANCE OF TRAFFIC TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 11 00 SUMMARY OF WORK ____________________________________________________________________________________ IFC June 21, 2015 01 11 00-4 Ditesco A. Conduct Work to interfere as little as possible with BRT, public and school travel, whether vehicular or pedestrian. Prepare detailed traffic control plans for each part of the project as required in Section 01 32 16 – Construction Project Schedules. Traffic control plans shall be prepared by a Certified Traffic Control Supervisor and submitted to the Owner for approval. 1. Whenever it is necessary to cross, close, or obstruct roads, driveways and walks, provide and maintain suitable and safe bridges, detours, or other temporary devices for accommodation of public or private travel according to ADA standards as applicable. a. Provide Engineer and Owner a minimum of 48 working hours notice b. Owner is not responsible for Contractors downtime associated with failure to identify closures and compliance with these requirements. B. Detour 1. Provide, as required, bridges across trenches, barricades, guardrail approaches, lights, signals, signs, and other devices necessary for protection of the Work and public safety. 1.11 BARRICADES AND LIGHTS A. Protect streets, sidewalks, parking lots and other public thoroughfares which are closed to traffic by effective barricades with acceptable warning signs B. Locate barricades at the street intersecting public thoroughfare on each side of the blocked section. C. Provide suitable barriers, signs, and lights to the extent required to adequately protect the public. D. Provide similar warning signs and lights at obstructions such as material piles and equipment. E. Illuminate barricades and obstructions with warning lights from sunset to sunrise. F. Store materials and conduct work to cause the minimum obstruction to the Owner. G. Install and maintain barricades, signs, lights, and other protective devices in conformity with applicable statutory requirements, MUTCD and, as required by the City of Fort Collins Traffic Operations Department. 1.12 LINES AND GRADES A. Construct all Work to the lines, grades, and elevations indicated on the drawings. 1. Remove and reconstruct improperly located Work. B. Provide all additional survey, layout, and measurement work required. 1. Establish lines and levels, locate and lay out, by instrumentation and similar appropriate means. 2. From time to time, verify layouts by the same methods. 1.13 REGULATORY REQUIREMENTS A. Comply with all federal, state, and local laws, regulations, codes, and ordinances applicable to the Work. B. References in the Contract Document to local codes shall mean the codes in effect at the City of Fort Collins and other Federal or State Agencies having jurisdiction over the project. C. Other standards and codes which apply to the Work are designated in the specifications. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 11 00 SUMMARY OF WORK ____________________________________________________________________________________ IFC June 21, 2015 01 11 00-5 Ditesco 1.14 COORDINATION A. Coordinate scheduling, submissions, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B. Coordinate completion and clean up of Work of separate Sections. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 25 00 MEASUREMENT AND PAYMENT IFC June 21, 2015 01 25 00-1 Ditesco SECTION 01 25 00 – MEASUREMENT AND PAYMENT PART 1 GENERAL 1.1 SECTION INCLUDES A. Format and Data Required B. Preparation of Application for each Progress Payment C. Substantiating Data for Progress Payments D. Preparation of Application for Final Payment E. Submittal Procedure F. Basis of Payment 1.2 RELATED SECTIONS A. Section 00520 - Agreement B. Section 00960 – Application for Payment 1.3 FORMAT AND DATA REQUIRED A. Submit applications typed on Application for Payment and Certificate for Payment using form in Section 00960 with itemized data typed on 8 1/2" by 11" white paper continuation sheets. Copies of forms are available from Engineer or Owner. B. Utilize Owner provided cover sheet. C. Provide Itemized Data on Continuation Sheet: 1. Format, schedules, line items and values: The schedule of values established as part of the Agreement. 1.4 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Submit Applications for Payment to Engineer in accordance with the schedule of values established by Conditions of the Contract and Agreement between Owner and Contractor. B. Application Form: 1. Fill in required information, including that for Change Orders executed prior to the date of submittal application. 2. Fill in summary of dollar values to agree with the respective totals indicated on the continuation sheets. 3. Execute certification with the signature of authorized officer of the Contractor's firm. 4. Notarize signature where required on Certificate for Payment. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 25 00 MEASUREMENT AND PAYMENT IFC June 21, 2015 01 25 00-2 Ditesco C. Continuation Sheets: 1. Fill in total list of all scheduled component items of Work, with time number and the scheduled dollar value for each item. 2. Fill in the dollar value in each column for each scheduled line item when work has been performed or products stored. 3. List each Change Order executed prior to the date of submission at the end of the continuation sheets: a. List by Change Order number, dollar amount and description as for an original component item of work. 4. Use data from approved Schedule of Values: Provide dollar value in each column for each line item for portion of work performed and for stored products. 1.5 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When Owner or Engineer requires substantiating data, Contractor shall submit suitable information, with a cover letter identifying: 1. Project 2. Application number and date 3. Detailed list of enclosures 4. For stored products/materials: a. Item number and identification as shown on application b. Description of specific material c. Vendor or supplier invoices substantiating stored costs as required by Owner. d. Insurance certificates covering materials stored and naming location. e. Bill of sale or transfer of title certification as applicable. B. Submit one copy of data and cover letter for each copy of application. C. Submit an updated construction schedule with each application for payment. D. Submit evidence of payment and release of liens within 60 days of payment to Contractor for Work performed by subcontractors or for equipment and materials delivered to the site during construction. 1.6 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Fill in Application form as specified for progress payments B. Use continuation sheets for presenting the final statement of accounting as specified in Section 01 77 00—Close out Procedures. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 25 00 MEASUREMENT AND PAYMENT IFC June 21, 2015 01 25 00-3 Ditesco 1.7 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Engineer at the times stipulated in the Agreement. B. Number: Four copies of each Application or single electronic copy in PDF format. C. When Engineer finds the Application properly completed and correct, he will transmit four Certificates for Payment to Owner, with a copy to Contractor. Upon approval by Owner, Owner will transmit payment to Contractor with one copy of Certificate attached. 1.8 BASIS OF PAYMENT A. No quantity measurement for payment will be made. B. Payment will be made on a lump sum basis relative to percent complete of each item contained within the schedule of values for each phase of work. The schedule of values shall be correlated to line items in the Contractor’s schedule and other required administrative schedules and forms including: 1. Contractors Construction Schedule 2. Application for Payment Form 3. List of subcontractors 4. Schedule of allowances 5. Schedule of alternates 6. List of products 7. List of principal suppliers and fabricators 8. Schedule of submittals C. Submit the Schedule of Values to the Engineer and Owner at the earliest feasible date, but in no case later than 10 business days before the date scheduled for submittal of the initial Application for Payment. D. The Contract sum prices shall include all costs whatsoever required to accomplish the work as designated in these contract documents and as shown on the plans. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 29 00 SCHEDULE OF VALUES IFC June 21, 2015 01 29 00-1 Ditesco SECTION 01 29 00 - SCHEDULE OF VALUES PART 1 GENERAL 1.1 SECTION INCLUDES A. Form and content B. Sub-schedule of unit material values. 1.2 REQUIREMENTS A. Submit to Engineer schedule of values allocated to various portions of Work, within 10 days after Notice of Award. B. Upon request of ENGINEER, support values with data which substantiate their correctness. C. Schedule of values, unless objected to by ENGINEER, shall be used only as basis for CONTRACTOR’s Applications for Payment. D. Submit initial schedule of values in duplicate. After review by ENGINEER, revise and resubmit as required. Submit schedule of Values with each Application for Payment, reflecting any changes. E. Submit typed schedule on form provided in Section 00960; 8-12” x11”. F. Format: 1. As formatted in Section 00960. 2. Include in each line item a directly proportional amount of the CONTRACTOR’s overhead and profit. 1.3 FORM AND CONTENT A. Type schedule on 8-1/2”x11 white paper; CONTRACTOR’s standard forms and automated printout will be considered for approval by ENGINEER upon CONTRACTOR’s request. Identify schedule with: 1. Title of project and location. 2. Project number. 3. Name and Address of CONTRACTOR. 4. Agreement designation. 5. Date of submission. B. Schedule shall list installed value of component parts of Work in sufficient detail to serve as basis for computing values for progress payments during construction. C. Follow table of contents of this Construction Project Manual as format for listing component items. Identify each line item with number and title of respective major section of Specifications. D. For each major line item list sub-values of major products or operations under item. E. For various portions of Work: 1. Each item shall include directly proportional amount of CONTRACTOR’s overhead and profit. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 29 00 SCHEDULE OF VALUES IFC June 21, 2015 01 29 00-2 Ditesco 2. For items on which progress payment will be requested for stored materials, break down value into: a. Cost of materials, delivered and unloaded at site, with taxes paid. b. Total installed value. F. Sum of all values listed in schedule shall equal total Contract Price. 1.4 SUBSCHEDULE OF UNIT MATERIAL VALUES A. Form of submittal shall parallel that of schedule of values, with each item identified same as line item in schedule of values. B. Unit quantity for bulk materials shall include allowance for normal waste. C. Unit values for materials shall be broken down into: 1. Cost of materials delivered and unloaded at Site, with taxes paid. 2. Installation costs, including CONTRACTOR’s overhead and profit. D. Installed unit value multiplied by quantity listed shall equal cost of that item in schedule of values. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 31 19 PROJECT MEETINGS IFC June 21, 2015 01 31 19-1 Ditesco SECTION 01 31 19 - PROJECT MEETINGS PART 1 GENERAL 1.1 SECTION INCLUDES A. General requirements B. Preconstruction conference C. Detailed Work Plan meetings D. Schedule finalization meeting E. Progress meetings 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work B. Section 01 32 16—Construction Schedules C. Section 01 33 00—Submittal Procedures D. Section 01 77 00—Close Out Procedures 1.3 GENERAL REQUIREMENTS A. Engineer will schedule and administer pre-construction meeting, schedule punchlist walk through, regularly scheduled progress meetings, and specially called meetings throughout the progress of the Work 1. Prepare agenda for meetings including items requested by Owner and Contractor. 2. Distribute written notice of each meeting to Owner and Contractor 4 days in advance of regularly scheduled meeting dates. 3. Contractor shall be required to attend specially called meetings as work progresses based on field observations, obtaining additional information or for other currently unidentified conditions/concerns of Engineer or Owner. 4. Preside at meetings 5. Record the minutes; include all significant proceedings and decisions 6. Reproduce and distribute copies of minutes within 3 days after each meeting a. To all participants in the meetings b. To Owner c. Furnish copies of minutes to Contractor B. Owner may attend meetings. C. Representatives of contractors, subcontractors, and suppliers attending the meetings shall be qualified and authorized to act on behalf of the entity each represents 1.4 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a conference within 10 days after Effective Date of Agreement. B. Location: City of Fort Collins Offices TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 31 19 PROJECT MEETINGS IFC June 21, 2015 01 31 19-2 Ditesco C. Attendance 1. Owner's Representative 2. Engineer and his professional consultants 3. Resident Project Representative 4. Contractor's Superintendent 5. Major Subcontractors 6. Major Suppliers 7. Others as appropriate D. Agenda: 1. Execution of Owner - Contractor Agreement. 2. Submission of executed bonds and insurance certificates 3. Distribution of Contract Documents 4. Submission of list of subcontractors and suppliers, list of products, and progress schedule 5. Designation of personnel representing the parties in Contract and the Engineer 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, cost proposal requests, Change Orders and Contract closeout procedures. 7. Construction scheduling and updates. 8. Scheduling activities of other consultants. 9. Critical work sequencing. 10. Major material deliveries and priorities. 11. Procedures for maintaining Record Documents. 12. Use of premises a. Work and storage areas b. Owner's requirements 13. Construction facilities, controls and construction aids. 14. Temporary utilities provided by Owner. 15. All safety and first-aid procedures are responsibility of the Contractor. 16. Security and housekeeping procedures as required by the Owner. 17. Procedures for testing. 1.5 DETAILED WORK PLAN MEETINGS A. Contractor shall request review of detailed work plans at least 10 days prior to beginning any work on items defined within detailed work plan. B. Location: City of Fort Collins Offices C. Attendance 1. Owner's Representative 2. Engineer and his professional consultants 3. Resident Project Representative 4. Contractor's Superintendent 5. Major Subcontractors 6. Major Suppliers 7. Others as appropriate D. Agenda: 1. Delivery or proposed Detailed Work Plan by Contractor to Owner. 2. Use of premises a. Work and storage areas b. Owner's requirements 3. Construction facilities, controls and construction aids 4. Temporary utilities provided by Owner 5. All safety and first-aid procedures are responsibility of the Contractor TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 31 19 PROJECT MEETINGS IFC June 21, 2015 01 31 19-3 Ditesco 6. Security and housekeeping procedures as required by the Owner 7. Procedures for testing 1.6 SCHEDULE PUNCH LIST WALK THROUGH A. Engineer will schedule at least 10 days before submission of the last Application for Payment B. Location: Field C. Attendance 1. Owner's representative 2. Engineer 3. Contractor 4. Others, as appropriate D. Suggested Agenda 1. Review of items remaining to be repaired or replaced prior to final acceptance and payment. 1.7 PROGRESS MEETINGS A. Engineer will schedule and administer meetings throughout progress of the Work at weekly intervals or other agreed upon timeframes. B. Location of the Meetings: City of Fort Collins Offices C. Engineer will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within three days to Contractor, Owner, participants, and those affected by decisions made. D. Attendance 1. Owner's Representative 2. Engineer, and his professional consultants as needed 3. Resident Project Representative 4. Contractor's Superintendent 5. Subcontractors as appropriate to the agenda 6. Suppliers as appropriate to the agenda 7. Others, as appropriate E. Agenda: 1. Review minutes of previous meetings 2. Review unresolved issues from last meeting 3. Review of Work progress; three week look-ahead schedule prepared by Contractor 4. Field observations, problems, conflicts and decisions 5. Identification of problems which impede planned progress 6. Review of submittals schedule and status of submittals 7. Review of off-site fabrication and delivery schedules 8. Maintenance of progress schedule 9. Corrective measures to regain projected schedules 10. Planned progress during succeeding work period 11. Coordination of projected progress 12. Maintenance of quality and work standards 13. Effect of proposed changes on progress schedule and coordination 14. Other business relating to Work TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 31 19 PROJECT MEETINGS IFC June 21, 2015 01 31 19-4 Ditesco PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 32 16 CONSTRUCTION PROJECT SCHEDULES IFC June 21, 2015 01 32 16-1 Ditesco SECTION 01 32 16 - CONSTRUCTION PROJECT SCHEDULES PART 1 GENERAL 1.1 SECTION INCLUDES A. Requirements B. Format C. Content D. Progress Revisions E. Submittals F. Distribution 1.2 RELATED SECTION A. Section 01 11 00—Summary of Work B. Section 01 25 00—Measurement and Payment C. Section 01 31 19—Project Meetings D. Section 01 33 00—Submittal Procedures E. Section 01 77 00—Close Out Procedures 1.3 REQUIREMENTS A. Within 10 days after Effective Date of Agreement, Contractor shall prepare and submit to Engineer estimated construction progress schedules for the Work, with sub schedules of related activities which are essential to its progress. B. Submit to Owner not less than 10 days prior to beginning Work, a “Detailed Work Plan” for each phase of the project. Detailed Work Plans shall include a Traffic Control Plan, Work Phasing plan, Barricade Plan and miscellaneous other improvements affecting the City’s interests. Schedule review meeting with Owner and Engineer. C. Submit revised progress schedules with each pay application. D. Owner may require Contractor to add to his equipment, or construction forces, as well as increase the working hours, if operations fall behind schedule at any time during construction period. 1.4 FORMAT A. General schedule format: Conform to ©Primavera P6, critical path method (CPM) scheduling format or approved equal: 1. Base schedule on work days and regular working hours, Monday through Friday 7:00 A.M. to 6:00 P.M. 2. Minimum sheet size: 8 1/2" by 11" 3. Color format TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 32 16 CONSTRUCTION PROJECT SCHEDULES IFC June 21, 2015 01 32 16-2 Ditesco B. Row (Listings)—Show: 1. Project Title 2. Major areas of construction 3. Construction activities within major areas of construction 4. Provide a separate bar for each construction activity. Bars to be annotated with activity description 5. Critical path activities to be clearly identified by color and lines 6. List in chronological order by start date each major area of construction and then by each construction activity within its respective area of construction 7. Show project start date, finish date, data date, run date, and revision table 8. Contract milestone dates 9. Legend C. Column (Headings)—Show: 1. Activity ID: Define by number corresponding to major specification sections 2. Activity Description 3. Percent Complete 4. Original Duration 5. Remaining Duration 6. Total Float 7. Early Start 8. Early Finish 9. Time Scale: Identify first day of each week. Allow space for notations. 10. Data date line 1.5 CONTENT A. Construction progress schedule—Show: 1. Complete sequence of construction by activity for full length of Contract time. 2. Major areas of construction to include, at a minimum, each separate stage of Work B. Submittals schedule for shop drawings and product data—Show: 1. The dates for Contractor's submittals 2. The dates accepted submittals will be required from Engineer. Extensions of time for delays in submittal approval shall only be allowed as provided in Section 01 33 00. C. Products delivery schedule—Show delivery dates for: 1. All major material deliveries 1.6 PROGRESS REVISIONS A. Progress schedules are to be representative of actual construction progress and sequencing of activities. Schedules that do not accurately represent construction progress will be rejected. B. Indicate progress of each activity as of data date. C. Show changes occurring since previous submission of schedule: 1. Major changes in scope 2. Activities modified since previous submission 3. Revised projections of progress and completion 4. Other identifiable changes D. Provide narrative report as needed to define: 1. Problem areas, anticipated delays, and impact on schedule 2. Corrective action recommended, and its effect TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 32 16 CONSTRUCTION PROJECT SCHEDULES IFC June 21, 2015 01 32 16-3 Ditesco 3. Effect on changes on schedules of other prime contractors 1.7 SUBMITTALS A. Submit initial schedules within 10 days after award of Contract: 1. Engineer will review schedules and return review copy within 10 days after receipt 2. If required, resubmit within 7 days after return of review copy B. Submit revised progress schedules with each Application for Payment. C. At each submission submit the number of opaque reproductions which the Contractor requires, plus 3 copies which will be distributed by Engineer. Do not submit fewer than 5 copies 1.8 DISTRIBUTION A. Engineer will distribute copies of accepted schedules to: 1. One copy to Owner 2. One copy to Resident Project Representative 3. One copy to be retained in Engineer's file 4. One copy to Contractor to be kept on file at job site 5. Remainder to Contractor for his distribution B. Schedule recipients will report promptly to Engineer and Contractor, in writing, any problems anticipated by projections shown in schedules PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 33 00 SUBMITTAL PROCEDURES IFC June 21, 2015 01 33 00-1 Ditesco SECTION 01 33 00 - SUBMITTAL PROCEDURES PART 1 GENERAL 1.1 SECTION INCLUDES A. Submission of all shop drawings and product data as required by the Contract Documents for all equipment and materials to be furnished under this contract unless specifically indicated otherwise 1.2 RELATED SECTIONS A. Section 01 32 16—Construction Project Schedules B. Section 01 45 00—Quality Control C. Section 01 77 00—Close Out Procedures D. Sections for Divisions 1 through 48—Required Submittals 1.3 SUBMITTALS A. Shop Drawings—Drawings shall be presented in a clear and thorough manner: 1. Identify details by reference to sheet and detail, schedule or room numbers shown on Contract Drawings 2. Identify equipment by reference to equipment name and tag number shown on Contract Drawings 3. Scale and Measurements: Make drawings accurate to a scale with sufficient detail to show the kind, size, arrangement and function of component materials and devices 4. Minimum sheet size: 81/2" by 11" 5. Fabrication drawing size: 11" by 17" or 22" by 34" B. Product Data—Preparation: 1. Clearly mark each copy to identify pertinent products or models submitted for review 2. Identify equipment by reference to equipment name and tag number 3. Catalog cut sheets: Cross-out or delete irrelevant data 4. Show performance characteristics and capacities 5. Show dimensions and clearances required for installation and maintenance 6. Show wiring or piping diagrams and controls 7. Show external connections, anchorages, and supports required C. "Certificate of Compliance": 1. Provided by manufacturer or supplier in lieu of submittal data required 2. Certifies that product data or item identified in certificate is in total compliance with Contract Document requirements 3. Specifically identifies project name and that there is no deviation from Contract Documents 4. Identify equipment by reference to equipment name and tag number 5. Identify limits of equipment, materials or work provided 6. Provide for specific product data or item only as indicated herein D. Construction Schedule: Designate in the construction schedule, or in a separate coordinated shop drawing schedule, the dates for submission and the dates that reviewed Shop Drawings and Product Data will be needed. 1.4 CONTRACTOR RESPONSIBILITIES TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 33 00 SUBMITTAL PROCEDURES IFC June 21, 2015 01 33 00-2 Ditesco A. Review shop drawings and product data prior to submission for accuracy and completeness of each submission. B. Approve and stamp each submission before submitting. C. Determine and verify: 1. Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance with specifications D. Prior to each submission, carefully review and coordinate all aspects of each item being submitted E. Verify that each item and the submittal for it conform in all respects with specified requirements of the Work and of the Contract Documents with respect to means, methods, techniques, sequences, and operations of construction, and safety precautions and programs incidental thereto. F. Make submissions promptly in accordance with Construction Schedule, and in such sequence as to cause no delay in the Work or in the work of any other Contractor. G. Notify Engineer in writing, at time of submission, of any deviations in the submittals from Contract Document requirements: 1. Identify and tabulate all deviations in transmittal letter 2. Indicate essential details of all changes proposed, including modifications to other facilities that may be a result of the deviation 1.5 SUBMISSION REQUIREMENTS A. Make submissions far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and resubmissions, and for placing orders and securing delivery B. In scheduling, allow a minimum of 14 calendar days for review by Engineer following receipt of submission in Engineer's office: 1. Time required to mail submissions or resubmissions is not considered a of review period C. Consecutively number all submissions: 1. Assign a unique number to include all shop drawings, product data and other information required for individual specification sections: a. For example: 076200-01 = first submittal for Sheet Metal Flashing and Trim b. For example: 076200-01rev1 = first revision of same submittal 2. Each specification section may still have more than one submittal number for later submissions (i.e., Preliminary O&M Manuals, Final O&M Manuals, etc.) D. Number of Submittals Required: 1. Shop Drawings and Product Data: If paper, submit a maximum of 2 copies for Contractor's use, plus a maximum of 3 copies which will be distributed by Engineer when approved. Do not submit more than 5 copies. If electronic, email or provide to document management website. E. Accompany each submission with a letter of transmittal showing all information required for identification and checking. Submittals shall contain: 1. Submittal number 2. Date of submission and dates of any previous submissions 3. Project title and number TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 33 00 SUBMITTAL PROCEDURES IFC June 21, 2015 01 33 00-3 Ditesco 4. Owner Contract identification number if applicable 5. The names of a. Contractor b. Supplier c. Manufacturer 6. Identification of the product, with the specification section number 7. Field dimensions, clearly identified as such 8. Relation to adjacent or critical features of the Work or materials 9. Applicable standards, such as ASTM or Federal Specification numbers 10. Identification of deviations from Contract Documents 11. Identification of revisions on resubmissions 12. An 8" by 4" blank space for Contractor's and Engineer's stamps 13. Stamp cover sheet of each submittal as identified in letter of transmittal 14. Contractor's stamp: Initialed or signed, certifying review and approval of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and of Contract Documents. Use stamp to include wording similar to the following: This submittal has been reviewed by [name of contractor] and approved with respect to the means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incidental thereto. [Name of contractor] also warrants that this submittal complies with contract documents and comprises no deviations thereto: Section No: Submittal No: Date: by: F. Submittal Log: 1. Maintain an accurate submittal log for duration of the Work showing current status of all submissions unless maintained by Owner or Engineer. 2. Show submittal number, section number, section title, submittal description dates and disposition of submittal 3. Make submittal log available to Engineer for Engineer's review upon request G. Unless specified otherwise, make submissions in groups to facilitate efficient review and approval: 1. Include all associated items from individual specification sections to assure that all information is available for checking each item when it is received 2. Submit a complete initial submittal including all components when an item consists of components from several sources 3. Partial submittals may be rejected as not complying with provisions of the Contract 4. Engineer will not be held liable for delays due to poorly organized or incomplete submissions 5. Do not include items from more than one specification section for any one submittal number H. Contractor may require subcontractors to provide drawings, setting diagrams and similar information to help coordinate the Work, but such data shall remain between Contractor and his subcontractors and will not be reviewed by Engineer unless specifically called for within the Contract Documents. 1.6 DISPOSITION OF SHOP DRAWINGS AND PRODUCT DATA TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 33 00 SUBMITTAL PROCEDURES IFC June 21, 2015 01 33 00-4 Ditesco A. "Approved As Submitted": Approved with No Exceptions Noted 1. One copy sent to Owner 2. One copy sent to Resident Project Representative 3. One copy retained in Engineer's file 4. Remaining copies returned to Contractor for his use a. One copy to be kept on file at Contractor's office at job site b. Remaining copies for Contractor's office file, suppliers, or subcontractors 5. No corrections or comments noted on submittal or in transmittal letter 6. Issues or miscellaneous comments pertaining to other related items of the Work may be included in transmittal letter 7. Resubmission not required B. "Exceptions Noted": Approved with Corrections Noted 1. One copy sent to Owner 2. One copy sent to Resident Project Representative 3. One copy retained in Engineer's file 4. Remaining copies returned to Contractor for his use a. One copy to be kept on file at Contractor's office at job site b. Remaining copies for Contractor's office file, suppliers or subcontractors c. Copies of submittal data in operation and maintenance manuals to be revised according to corrections 5. Comply with corrections or comments as noted on submittal and in transmittal letter 6. Resubmission not required C. "Revise And Resubmit": Incorrect or Specific Information Still Required 1. One copy sent to Resident Project Representative 2. One copy retained in Engineer's file 3. All remaining copies returned to Contractor for revision and re-submittal 4. Copy of transmittal letter sent to Owner. An "Approved As Submitted" or "Exceptions Noted" submittal will be forwarded to Owner upon resubmission and review per above disposition requirements. 5. Submittal is either: incorrectly annotated; specific comments need to be addressed and incorporated in re-submittal; and/or additional information may be required as noted in transmittal letter. 6. Submitted information may not include or address specific item required per the specification as identified in transmittal letter. 7. Specific information related to identified item may be required for final approval of submittal. 8. Resubmission of entire submittal may be required or resubmission of specific item may be required as identified in transmittal letter. D. "Rejected": Returned for Correction 1. One copy sent to Resident Project Representative 2. One copy retained in Engineer's file 3. All remaining copies returned to Contractor 4. Copy of transmittal letter sent to Owner 5. Contractor required to resubmit complete submittal package in accordance with Contract Documents 6. Submittal does not comply with provisions of Contract Documents as noted in transmittal letter 7. Resubmission required E. "Receipt Acknowledged": For Reference Purposes Only or for Record Copy 1. One copy sent to Resident Project Representative 2. One copy retained in Engineer's file 3. One copy returned to Contractor TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 33 00 SUBMITTAL PROCEDURES IFC June 21, 2015 01 33 00-5 Ditesco 4. Copy of transmittal letter sent to Owner 5. Remaining submittal copies destroyed 6. Detailed review and comment by Engineer not required 7. Resubmission not required 1.7 DISPOSITION OF SAMPLES A. "Approved As Submitted": Approved with No Exceptions Noted 1. One sample sent to Owner 2. One sample sent to Resident Project Representative 3. One sample retained in Engineer's file 4. Acknowledgment: Copy of transmittal letter sent to Contractor 5. Resubmission not required B. "Exceptions Noted": Approved with Corrections Noted 1. One sample sent to Owner 2. One sample sent to Resident Project Representative 3. One sample retained in Engineer's file 4. Acknowledgment: Copy of transmittal letter sent to Contractor 5. Work performed or products furnished to comply with exceptions noted in acknowledgment 6. Resubmission not required C. "Rejected": Returned for Correction 1. One sample retained in Engineer's file 2. Remaining samples sent to Contractor for re-submittal and compliance with the Contract Documents as noted in transmittal letter 3. Copy of transmittal letter sent to Owner 4. Resubmission required 1.8 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in submittals required by Engineer and resubmit until approved B. Transmit each resubmission under new letter of transmittal. Use number of original submittal followed directly by “rev” and a number corresponding to the number of times a submittal is resubmitted (i.e., rev1, rev2, rev3, etc.) C. Shop Drawings and Product Data: 1. Revise initial drawings or data and resubmit as specified for the initial submittal 2. Indicate any changes which have been made other than those requested by Engineer D. Reimbursement of Resubmission Review Costs: 1. Review of first submittal and one re-submittal will be performed by Engineer at no cost to the Contractor 2. Costs for review of subsequent resubmissions will be directly paid by Contractor 3. Engineer will document work-hours required for review and costs for Engineer review will be deducted from payments due Contractor as Change Order deductions. 4. Charges for review of resubmissions will include Engineer at a rate of $110 per hour and Submittal Clerk at a rate of $55 per hour 1.9 ENGINEER'S DUTIES TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 33 00 SUBMITTAL PROCEDURES IFC June 21, 2015 01 33 00-6 Ditesco A. Review submittals with reasonable promptness and in accord with approved submission schedule provided that each submittal has been called for by the Contract Documents and is stamped by Contractor as indicated above: 1. In the event that Engineer will require more than 7 calendar days to perform a submittal review as requested by Contractor, Engineer shall so notify Contractor or indicate so on the submission schedule. 2. No extensions of time are allowed due to Engineer’s delay in reviewing submittals unless all the following criteria are met: a. Engineer has failed to return submittal within 7 calendar days of receipt of the submittal or receipt of said notice, whichever is later b. Contractor demonstrates that delay in progress of the Work was directly attributable to Engineer’s failure to return submittal within 7 calendar days. 3. No extensions of time are allowed due to delays in progress of the Work caused by rejection and subsequent resubmission of data, including multiple resubmissions. B. Review drawings and data submitted only for general conformity with Contract Documents: 1. Engineer’s review of drawings and data returned marked “Approved As Submitted” or “Exceptions Noted” does not indicate a thorough review of all dimensions, quantities, and details of material, equipment device or items shown 2. Engineer’s review does not relieve Contractor of responsibility for errors, omissions or deviations nor responsibility for compliance with the Contract Documents 3. Engineer’s review shall not extend to means, methods, techniques, sequences, operations of construction, and safety precautions and programs incidental thereto. No information regarding these items will be reviewed whether or not included in submittals. C. Assume that no shop drawing or related submittal comprises a deviation to the Contract Documents unless Contractor advises Engineer otherwise in writing which is acknowledged by Engineer in writing: 1. Consider and review only those deviations from the Contract Documents clearly identified as such in submittal and tabulated in the Letter of Transmittal. D. Return submittals to Contractor for distribution or for resubmission E. Transmit, unreviewed, to Contractor all copies of submittals received directly from suppliers, manufacturers and subcontractors F. Transmit, unreviewed, to Contractor all copies of submittals not called for by the Contract Documents or which have not been approved by Contractor G. Engineer will not review uncalled-for shop drawings or product data except by special arrangement H. Affix stamp and indicate approval for submittal or resubmission requirements with the following stamp: TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 33 00 SUBMITTAL PROCEDURES IFC June 21, 2015 01 33 00-7 Ditesco  Approved As Submitted  Exceptions Noted  Revise And Resubmit  Rejected This review was performed only for general conformance with the design concept of the project and general compliance with the information given in the contract documents. Modifications or comments made on the shop drawings and product data during this review do not relieve contractor from responsibility for compliance with the requirements of the plans and specifications. Approval of a specific item does not include approval of the assembly of which the item is a component. Contractor is responsible for: dimensions to be confirmed and correlated at the jobsite; information that pertains solely to the fabrication processes or to the means, methods, techniques, sequences, and procedures of construction; coordination of the work of all trades; and for performing all work in a safe and satisfactory manner. Ditesco, LLC Date By 1.10 SUBMITTAL SCHEDULE A. Unless indicated otherwise, provide all submittals required by individual sections of the Contract Documents to establish compliance with the specified requirements PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 45 00 QUALITY CONTROL IFC June 21, 2015 01 45 00-1 Ditesco SECTION 01 45 00 - QUALITY CONTROL PART 1 GENERAL 1.1 SECTION INCLUDES A. Quality assurance and control of installation B. Contractor’s Responsibilities 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work B. Section 01 33 00—Submittal Procedures C. Section 07 62 00 – Sheet Metal Flashing and Trim 1.3 REFERENCES A. Conform to reference standard by date of issue current on date of Contract Documents B. Obtain copies of standards when required by Contract Documents C. Where specified reference standards conflict with Contract Documents, request clarification for Engineer before proceeding D. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.4 SUBMITTALS A. Submit under provisions of Section 01 33 00. B. Provide copies of written reports for materials as scheduled at the end of this section. Reference each report by respective section number C. Laboratory test reports—Provide written reports of each test and inspection to Engineer. Each report shall include: 1. Date issued 2. Project title and number 3. Testing laboratory name, address and telephone number 4. Name and signature of laboratory inspector 5. Date and time of sampling or inspection 6. Record of temperature and weather conditions 7. Date of test 8. Identification of product and specification section 9. Location of sample or test in the Project 10. Type of inspection or test 11. Results of tests and compliance with Contract Documents 12. Interpretation of test results when requested by Engineer D. Field test reports: Provide reports detailing results of the tests. Indicate compliance or non- compliance with Contract Documents. Identify corrective action for materials which fail to pass field tests TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 45 00 QUALITY CONTROL IFC June 21, 2015 01 45 00-2 Ditesco 1.5 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship to produce Work of specified quality. B. Comply fully with manufacturer's instructions, including each step in sequence C. Should manufacturer's instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Install TVM trim to lines shown on the drawings and details. Ensure a minimum tolerance gap to any TVM or surface of 1/8”. Contractor to ensure shop fabrication to this level of accurateness. F. Certification of products: Respective sections of specifications G. Laboratory tests required and standards for testing: Respective sections of specifications 1.6 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with manufacturer and Owner personnel when shop or field testing is required. B. Provide the appropriate number of field samples when required. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 52 00 TEMPORARY CONSTRUCTION FACILITIES IFC June 21, 2015 01 52 00-1 Ditesco SECTION 01 52 00 - TEMPORARY CONSTRUCTION FACILITIES PART 1 GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heating, ventilating, telephone service, water and sanitary facilities B. Construction Facilities: Access roads, parking, progress cleaning, project signage, storage and temporary buildings 1.2 GENERAL REQUIREMENTS A. Furnish, install and maintain all temporary utilities to assure continuous service except as allowed herein, and remove on completion of Work. Modify and extend systems as work progress requires. B. Furnish, install and maintain all construction aids required for the Work, except as allowed herein, and remove on completion of the Work. C. Furnish, install and maintain fences and barriers as required for protection of the public, property and the Work. D. Contractor shall limit his use of existing roadways, guideway and parking lots to only that which are required for completion of Work within this Contract. E. Clean and repair damage caused by temporary installations or use of temporary facilities. 1.3 QUALITY ASSURANCE A. Requirements of Regulatory Agencies 1. Comply with applicable Federal and State rules and regulations, local codes and ordinances. 2. Comply with utility company requirements. 3. Contractor shall notify Tranfort Operations Personnel – Steve Wilkin (970-219-3268) to obtain inspections of Work and to request service outages. 1.4 TEMPORARY ELECTRICITY A. Contractor shall arrange for and pay all costs associated with power service as required for completion of Work and pay all costs for energy used. 1.5 TEMPORARY LIGHTING A. Provide and maintain incandescent lighting for construction operations. B. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. C. Maintain lighting and provide routine repairs. 1.6 TEMPORARY HEATING TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 52 00 TEMPORARY CONSTRUCTION FACILITIES IFC June 21, 2015 01 52 00-2 Ditesco A. Provide and pay for all temporary heat as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions of the installation of materials and to protect materials and finishes from damage due to temperature or humidity. B. Portable heaters shall be standard approved units complete with controls. C. Pay all costs of installation, maintenance, operation and removal and for fuel consumed. D. Maintain minimum ambient temperature of 50ºF in areas where construction is in progress, unless indicated otherwise in specifications. E. Provide temporary heating for all subcontractors as required. 1.7 TEMPORARY VENTILATING A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases B. Provide and pay for temporary ventilation equipment as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions for the installation of materials and to protect materials and finishes from damage due to temp or humidity. C. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors or gases. D. Portable ventilators shall be standard approved units complete with controls. E. Pay all costs of installation, maintenance, operation and removal and for power consumed. 1.8 TELEPHONE SERVICE A. Provide, maintain and pay for all telephone service as required for completion of Work. 1.9 TEMPORARY WATER SERVICE A. Contractor shall be required to coordinate with City of Fort Collins for all water needs. Potable water sources at fire hydrants may be available for use with acceptable back-flow prevention devices. B. Provide all drinking water required by construction personnel. Pay all costs. 1.10 TEMPORARY SANITARY FACILITIES A. Contractor shall provide his own sanitary facilities. 1.11 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection as required to protect Owners facilities as required or where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 52 00 TEMPORARY CONSTRUCTION FACILITIES IFC June 21, 2015 01 52 00-3 Ditesco D. Protect finished driving surfaces, floors, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. E. Prohibit traffic from landscaped or sodded areas. 1.12 SECURITY A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.13 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from remote spaces prior to enclosing the space. C. Remove waste materials, debris, and rubbish from site not less than weekly and dispose off-site in accordance with local and state regulations PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 55 26 TRAFFIC CONTROL IFC June 21, 2015 01 55 26-1 Ditesco SECTION 01 55 26 - TRAFFIC CONTROL PART 1 GENERAL 1.1 SECTION INCLUDES A. General Requirements B. Regulatory Requirements C. Construction Parking Control D. Flagmen E. Flares and Lights F. Haul Routes G. Roadway Usage Between Operations H. Traffic Signs and Signals I. Barricades J. Barriers K. Removal 1.2 RELATED SECTIONS A. Section 01 11 00—Summary of Work B. Section 01 52 00—Temporary Construction Facilities 1.3 GENERAL REQUIREMENTS A. Unless otherwise authorized, keep at least one lane of traffic open at all times. B. When work is not in progress, keep all traffic lanes open. C. All traffic lanes shall be open during hours of darkness, weekends, and holidays 1.4 REGULATORY REQUIREMENTS A. Conformance: "Manual on Uniform Traffic Control Devices," U.S. Department of Transportation, or applicable statutory requirements of authority having jurisdiction. B. Operations on or about traffic areas and provisions for regulating traffic will be subject to the regulations of the City of Fort Collins Traffic Operations Department. The Contractor shall submit a Method of Handling Traffic (MHT) prepared by a certified Traffic Control Supervisor (TCS) to the City for approval prior to proceeding with any phases of the work. 1.5 CONSTRUCTION WORKERS PARKING TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 55 26 TRAFFIC CONTROL IFC June 21, 2015 01 55 26-2 Ditesco A. Contractor’s worker vehicles are limited to one in staging zones. These vehicles shall be marked as belonging to the Contractor. All of contractor’s workers shall park off-site. 1.6 CONSTRUCTION PARKING CONTROL A. Contractor is responsible to control vehicular parking to prevent interference with public traffic and parking, access by emergency vehicles, and Owner's operations. Contractor shall be responsible for any and all parking tickets received due to his operations unless they are issued inside the Contractor’s work zone or designated staging area. 1.7 FLAGMEN A. Provide trained and equipped flagmen to regulate traffic when construction operations or traffic encroach on parking or traffic lanes. 1.8 FLARES AND LIGHTS A. Use flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 1.9 HAUL ROUTES A. Coordinate with the City to establish public thoroughfares to be used for haul routes and site access. B. Confine construction traffic to designated haul routes. C. Provide traffic control at critical areas of haul routes to regulate traffic, to minimize interference with public traffic. 1.10 ROADWAY USAGE BETWEEN OPERATIONS A. At all times when work is not actually in progress, make open, passable, and maintain to traffic such portions of the Project and temporary roadways or portions thereof as may be agreed upon between Contractor and the City. Coordinate work around MAX BRT operations schedule to the greatest extent possible. 1.11 TRAFFIC SIGNS AND SIGNALS A. At approaches to site and on site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B. Install and operate traffic control signals to direct and maintain orderly flow of traffic in areas under Contractor's control, and areas affected by Contractor's operations. C. Relocate as Work progresses, to maintain effective traffic control. D. Protect all roadways by effective barricades on which are placed warning signs. 1.12 BARRICADES A. Contractor shall completely enclose operations with barricades at all times when site is encumbered by open trenches, other excavations or other obstructions. B. Provide additional fencing as required to protect stored materials and products and to insure public safety. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 55 26 TRAFFIC CONTROL IFC June 21, 2015 01 55 26-3 Ditesco C. Provide Owner and Engineer two (2) keys to lock(s). D. Contractor shall be responsible for depicting location of barricades as defined in Section 01 52 00 – Temporary Construction Facilities. This shall be further required under Section 01 33 00 when submitting “Detailed Work Plans”. E. Illuminate by means of warning lights all barricades and obstructions form sunset to sunrise. 1.13 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide suitable barriers as required for public protection. C. Protect non-owned vehicular traffic, stored materials, site and structures from damage. D. Install facilities of a neat and reasonable uniform appearance, structurally adequate for the required purposes. E. Contractor shall be responsible for depicting location of barricades as defined in Section 01 52 00 – Temporary Construction Facilities. F. Illuminate by means of warning lights all barricades and obstructions form sunset to sunrise. G. Relocate barriers as required by progress of construction. H. Completely remove barriers, including foundations, when construction has progressed to the point that they are no longer needed. I. Clean and repair damage caused by installation, fill and grade the areas of the site to required elevations and slopes and clean the area. 1.14 REMOVAL A. Remove equipment and devices when no longer required B. Repair damage caused by installation C. Remove post settings to a depth of 2 feet PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 74 00 CLEANING IFC June 21, 2015 01 74 00-1 Ditesco SECTION 01 74 00 - CLEANING PART 1 GENERAL 1.1 SECTION INCLUDES A. General work area conditions during construction B. Exterior (site) cleaning 1.2 RELATED SECTIONS A. Division 1—General Requirements B. Cleaning of certain parts of the work described in various sections of the specifications 1.3 SCHEDULING A. Schedule cleaning operations as to not interfere with ongoing day-to-day operations of BRT operations. PART 2 PRODUCTS NOT USED PART 3 EXECUTION 3.1 GENERAL WORK AREAS DURING CONSTRUCTION A. Maintain premises free from accumulations of waste and debris caused by work on this project. B. Prevent dust nuisance attributable to this work. C. Dispose of degradable and non-degradable debris at an approved solid waste disposal site or in an alternate manner approved by Engineer and regulatory agencies. D. Repair, patch, and touch-up marred surfaces to specified finish to match adjacent surfaces. E. On completion of work, leave area in a clean, natural looking condition. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 3.2 EXTERIOR (SITE) CLEANING A. Cleaning During Construction: 1. Construction debris: a. Confine in strategically located container(s) covered to prevent blowing by wind b. Remove from work area to container daily c. Haul from site once a week (minimum) 2. Remove soils, sand, and gravel deposited on paved areas and walks daily or more often as required to prevent muddy or dusty conditions. a. Do not flush into storm sewer system 3. Comply with stormwater general permit requirements, and monitor and employ best management practices (BMPs). TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 74 00 CLEANING IFC June 21, 2015 01 74 00-2 Ditesco B. Final Cleaning: 1. Remove trash and debris containers from site: a. Re-sod areas disturbed by location of trash and debris containers 2. Broom clean paved surfaces 3. Rake clean other surfaces of grounds 4. Demobilize all temporary sanitary facilities 3.3 FIELD QUALITY CONTROL A. During substantial completion walk through or prior to start-up, conduct an inspection with Engineer to verify acceptable condition of all work areas. END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 77 00 CLOSE OUT PROCEDURES IFC June 21, 2015 01 77 00-1 Ditesco SECTION 01 77 00 – CLOSE OUT PROCEDURES PART 1 GENERAL 1.1 SECTION INCLUDES A. Closeout procedures B. Final cleaning C. Contractor's closeout submittals D. Project record documents E. Substantial completion F. Final inspection G. Final application for payment 1.2 RELATED SECTIONS A. Section 00520—Contractor’s Agreement B. Section 00700—General Conditions C. Section 01 52 00—Temporary Construction Facilities 1.3 CLOSEOUT PROCEDURES A. Comply with requirements stated in Conditions of the Contract and in specifications for administrative procedures in closing out the Work. B. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. C. Provide submittals to Engineer/Owner that are required by governing or other authorities. D. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean site; sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 CONTRACTOR'S CLOSEOUT SUBMITTALS A. Project record documents TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 77 00 CLOSE OUT PROCEDURES IFC June 21, 2015 01 77 00-2 Ditesco B. Evidence of payment and waiver of claims: As specified in the General and Supplementary Conditions. C. Final inspection reports by all regulatory agencies demonstrating the agencies' final approval. D. At Contract close-out, deliver Record Documents to Engineer for the Owner. E. Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each Record Document 5. Signature of Contractor or his authorized representative 1.6 PROJECT RECORD DOCUMENTS A. Provide project record documents under provisions of Section 01 78 23. B. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings 2. Specifications 3. Addenda 4. Change Orders and other Modifications to the Contract 5. Reviewed shop drawings, product data, and samples 6. Field test reports 7. Construction photographs C. Store Record Documents and samples separate from documents used for construction. D. Record information concurrent with construction progress 1. Do not conceal any work until required information is recorded 2. Legibly mark to record actual construction E. Specifications and Addenda—Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name, product model, number, trade name and supplies 2. Product substitutions or alternates utilized 3. Changes made by Addenda, field order or change order F. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish floor datum 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail 5. Details not on original Contract Drawings 6. Changes made by Field Order or by Change Order G. Submit documents to Engineer with final Application for Payment. H. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 77 00 CLOSE OUT PROCEDURES IFC June 21, 2015 01 77 00-3 Ditesco I. Make documents and samples available at all times for inspection by Engineer. J. Label each document "Project Record" in neat, large printed letters. 1.7 DELIVERY TO OWNER A. At or prior to the time of the inspection for substantial completion, deliver all required items to Engineer. 1. Contractor and representatives of Owner and Engineer shall inspect and inventory all items delivered. 1.8 SUBSTANTIAL COMPLETION A. Substantial Completion shall not be allowed until each and every component of the project, including installation of all flashing and panels has been completed and approved by Engineer. When Contractor considers the Work to be substantially complete, he shall submit to Engineer: 1. A written notice that the Work or designated portion thereof is substantially complete 2. A list of items to be completed or corrected B. Within a reasonable time after receipt of such notice, Engineer will make an inspection to determine the status of completion. C. Should Engineer determine that the Work is not substantially complete: 1. Engineer will promptly notify the Contractor in writing, giving the reasons therefore 2. Contractor shall remedy the deficiencies in the Work and send a second written notice of substantial completion to Engineer. 3. Engineer will re-inspect the Work. D. When Engineer finds that the Work is substantially complete, he will: 1. Prepare and deliver to Owner a tentative Certificate of Substantial Completion with a tentative list of items to be completed or corrected before final payment. 2. After consideration of any objections made by the Owner as provided in Conditions of the Contract and when Engineer considers the Work substantially complete, he will execute and deliver to the Owner and the Contractor a definite Certificate of Substantial Completion with a revised tentative list of items to be completed or corrected. 1.9 FINAL INSPECTION A. When Contractor considers the Work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed 2. Work has been inspected for compliance with Contract Documents 3. Work has been completed in accordance with Contract Documents 4. Performance testing has been completed in the presence of Owner or Owner's representative 5. Work is completed and ready for final inspection B. Engineer and Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Engineer consider that the Work is incomplete or defective: 1. Engineer will promptly notify the Contractor in writing listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to Engineer that the Work is complete 3. Engineer will re-inspect the Work TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 77 00 CLOSE OUT PROCEDURES IFC June 21, 2015 01 77 00-4 Ditesco D. When the Engineer finds that the Work is acceptable under the Contract Documents, he shall request the Contractor to make closeout submittals. 1.10 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 78 23 PROJECT RECORD DOCUMENTS IFC June 21, 2015 01 78 23-1 Ditesco SECTION 01 78 23 - PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.1 SECTION INCLUDES A. Maintenance of record documents. Throughout progress of Work, maintain an accurate record of changes in the Contract Documents and detailed documentation of location of subsurface utilities and, upon completion of Work, transfer recorded changes to set of Record Documents. 1.2 SUBMITTALS A. Comply with pertinent provisions under Section 01 33 00. B. Engineer's acceptance of the current status of Project Record Documents will be a prerequisite to Engineer's recommendation for payment of progress payments and final payment under the Contract. C. Prior to submitting each request for progress payment, secure Engineer's acceptance of the current status of the Project Record Documents. D. Prior to submitting request for final payment, submit the final Project Record Documents to Engineer for acceptance. 1.3 QUALITY ASSURANCE A. Delegate the responsibility for maintenance of Record Documents to one person on Contractor's staff acceptable to Engineer. B. Accuracy of records: 1. Thoroughly coordinate changes within Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future searches for items shown in the Contract Documents may rely reasonably on information obtained from accepted Project Record Documents. C. Make entries within 24 hours after receipt of information that the change has occurred. 1.4 DELIVERY, STORAGE, AND HANDLING A. Maintain job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. B. In the event of loss of recorded data, use means necessary to again secure the data for Engineer's acceptance. 1. Such means shall include, if necessary in the opinion of Engineer, removal and replacement of concealing materials. 2. In such case, provide replacement to the standards originally required by the Contract Documents. PART 2 PRODUCTS TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 78 23 PROJECT RECORD DOCUMENTS IFC June 21, 2015 01 78 23-2 Ditesco 2.1 RECORD DOCUMENTS A. Job set: Promptly following receipt of Owner's Notice to Proceed, secure from Engineer at no charge to Contractor one complete set of all Documents comprising the Contract. B. Final Record Documents: At a time nearing the completion of the Work, secure from Engineer at no charge to Contractor one complete set of prints of all Drawings in the Contract. PART 3 EXECUTION 3.1 MAINTENANCE OF JOB SET A. Immediately upon receipt of job set, identify each of the Documents with the title, "RECORD DOCUMENTS—JOB SET" B. Preservation: 1. Devise a suitable method acceptable to Engineer for protecting job set, considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed. 2. Do not use job set for any purpose except entry of new data and for review by Engineer, until start of transfer of data to final Project Record Documents. 3. Maintain job set at the site of Work. C. Making entries on Drawings: 1. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. 2. Alternatively, make the change electronically, utilizing a PDF software, with red markings. 3. Date all entries. 4. Call attention to the entry by a "cloud" drawn around the area or areas affected 5. In the event of overlapping changes, use different colors for the overlapping changes. D. Make entries in pertinent other Documents accepted by Engineer 1. Show on the job set of Record Drawings, by dimension accurate to within one inch, the centerline of each run of items described above. a. Clearly identify the item by accurate note such as "cast iron drain," "galv. water," and the like. b. Show, by symbol or note, the vertical location of the item ("under slab," "exposed," and the like). c. Make all identifications so descriptive that it may be related reliably to the Specifications. 3.2 FINAL PROJECT RECORD DOCUMENTS A. The purpose of final Project Record Documents is to provide factual information regarding all aspects of Work, both concealed and visible, to enable future modification of Work to proceed without lengthy and expensive site measurement, investigation, and examination. B. Acceptance of recorded data prior to transfer: 1. Following receipt of print copies for Final Record Documents, and prior to start of transfer of recorded data thereto, secure Engineer's acceptance of all recorded data. 2. Make required revisions. C. Transfer of data to Drawings: TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 01 – GENERAL REQUIREMENTS MAX BRT TVM TRIM REPLACEMENT 01 78 23 PROJECT RECORD DOCUMENTS IFC June 21, 2015 01 78 23-3 Ditesco 1. Carefully transfer change data shown on job set of Record Drawings to the corresponding prints, coordinating the changes as required 2. Clearly indicate at each affected detail and other Drawing, a full description of changes made during construction, and the actual location of items to be located. 3. Call attention to each entry by drawing a "cloud" around the area or areas affected. 4. Make changes neatly, consistently, and with the proper media to assure longevity and legibility. D. Transfer of data to other Documents: 1. If Documents other than Drawings have been kept clean during progress of Work, and if entries thereon have been orderly and acceptable to Engineer, the job set of those Documents other than Drawings will be accepted as final Record Documents. 2. If any such Document is not acceptable to Engineer, secure a new copy of that Document from the Engineer at Engineer's usual charge for reproduction and handling, and carefully transfer the changed data to the new copy for acceptance by Engineer. E. Review and submittal: 1. Submit completed set of Project Record Documents to Engineer as described above and under provisions of Section 01 33 00. 2. Participate in review meetings as required. 3. Make required changes and promptly deliver final Project Record Documents to Engineer. 3.3 CHANGES SUBSEQUENT TO ACCEPTANCE A. Contractor has no responsibility for recording changes in Work subsequent to Final Completion, except for changes resulting from Warranty work. END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 02 – EXISTING CONDITIONS MAX BRT TVM TRIM REPLACEMENT 02 41 00 DEMOLITION IFC June 21, 2015 02 41 00-1 Ditesco SECTION 02 41 00 - DEMOLITION PART 1 GENERAL 1.1 SECTION INCLUDES A. Demolition and removal of existing flashing, sheet metal, wood backing, glue, nails, screws and other work as required herein for a complete and functional project as indicated on the drawings and as specified in this section. 1.2 RELATED SECTIONS A. Section 01 31 19—Project Meetings: Detailed Work Plan. B. Section 01 52 00—Temporary Construction Facilities: Barricades, fences and landscape protection. C. Section 07 62 00—Sheet Metal Flashing and Trim 1.3 SUBMITTALS A. Submit under provisions of Section 01 33 00. B. Shop Drawings: Indicate demolition, removal sequence, and location of salvageable items. 1.4 PROJECT RECORD DOCUMENTS A. Submit under provisions of Section 01 77 00 B. Accurately record actual locations of subsurface obstructions. 1.5 REGULATORY REQUIREMENTS A. Conform to applicable State and local codes for demolition of structures, safety of adjacent structures, dust control, and disposal. B. Obtain required permits from authorities. C. Notify affected utility companies before starting work and comply with their requirements. D. Do not close or obstruct roadways, sidewalks, or hydrants without written permission from Owner. E. Conform to applicable regulatory procedures when discovering hazardous or contaminated materials. 1.6 SEQUENCING A. Sequence work under the provisions of Section 01 11 00. 1.7 SCHEDULING A. Schedule work under the provisions of Sections 01 11 00 and 01 32 16. B. Schedule work to avoid disruption of day-to-day activities of MAX BRT operations. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 02 – EXISTING CONDITIONS MAX BRT TVM TRIM REPLACEMENT 02 41 00 DEMOLITION IFC June 21, 2015 02 41 00-2 Ditesco C. Provide detailed descriptions for demolition and removal procedures. 1.8 CUTTING AND PATCHING A. Contractor shall be responsible for all cutting, fitting, and patching, including required to complete the Work or to: 1. Make its several parts fit together properly 2. Uncover portions of the Work to provide for installation of ill-timed work 3. Remove and replace defective work 4. Remove and replace work not conforming to requirements of Contract Documents 5. Remove samples of installed work as specified for testing B. Provide products as specified or as required to complete cutting and patching operations. C. Inspection: 1. Inspect existing conditions of the Project, including elements subject to damage or to movement during cutting and patching. 2. After uncovering work, inspect the conditions affecting the installation of products, or performance of the work. 3. Report unsatisfactory or questionable conditions to the Engineer in writing; do not proceed with the work until the Engineer has provided further instructions. D. Preparation: 1. Provide adequate temporary support as necessary to assure the structural value of integrity of the affected portion of the Work. 2. Provide devices and methods to protect other portions of the Project from damage. 3. Provide protection from the elements for that portion of the Project which may be exposed by cutting and patching work, and maintain excavations free from water. 4. Execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances and finishes. 5. Restore work which has been cut or removed; install new products to provide completed Work in accord with requirements of Contract Documents. PART 2 PRODUCTS NOT USED PART 3 EXECUTION 3.1 INSPECTION A. Verify areas to be demolished are unoccupied and discontinued in use. B. Do not commence work until conditions are acceptable to Engineer. 3.2 PREPARATION A. Provide, erect, and maintain temporary barriers, enclosures, security fences and shoring at demolition locations in accordance with Section 01 55 26 to protect personnel and on-going operations of campus. B. Protect existing structures and electrical service which are not to be demolished. C. Provide temporary wiring and connections to maintain existing telephone, electrical, instrumentation and control systems in service during construction. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 02 – EXISTING CONDITIONS MAX BRT TVM TRIM REPLACEMENT 02 41 00 DEMOLITION IFC June 21, 2015 02 41 00-3 Ditesco 3.3 GENERAL REQUIREMENTS A. Conduct demolition to minimize interference with adjacent structures. B. Conduct operations with minimum interference to Owner access. Maintain protected egress and access at all times. C. Sprinkle Work with water to minimize dust where applicable. Provide hoses and water connections for this purpose. D. Do not use water to extent causing flooding, contaminated runoff, or icing. E. Perform demolition activities to minimize damage to adjacent structures including TVM machines and station framework. Repair damage to adjacent structures. F. Removal and demolish only those areas shown in these specifications and plans. G. Protect walls or adjacent structures exposed to demolition work. 3.4 DISPOSAL A. Remove demolition debris daily. B. Do not store or burn materials on-site. C. Transport demolition debris to disposal area. 3.5 SITE DEMOLITION A. Disconnect, remove, cap and identify designated utilities within demolition area. B. Remove demolished materials from site. C. Do not burn or bury materials on site. Leave site in clean condition. END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 07 – SHEET METAL FLASHING AND TRIM MAX BRT TVM TRIM REPLACEMENT 07 62 00 SHEET METAL FLASHING AND TRIM IFC June 21, 2015 02 41 00-1 Ditesco SECTION 07 62 00 – SHEET METAL FLASHING AND TRIM PART 1 GENERAL 1.1 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. ASTM International (ASTM): a. A153/A153M, Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware. b. A653/A653M, Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process. c. A666, Standard Specification for Annealed or Cold-Worked Austenitic Stainless Steel Sheet, Strip, and Flat Bar. d. A924/A924M Standard Specification for General Requirements for Steel Sheet, Metallic-Coated by the Hot-Dip Process. e. B32, Standard Specification for Solder Metal. f. B209, Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate. g. B370, Standard Specification for Copper Sheet and Strip for Building Construction. h. C920, Standard Specification for Elastomeric Joint Sealants. i. C1311, Standard Specification for Solvent Release Sealants. j. D1187, Standard Specification for Asphalt-Base Emulsions for Use as Protective Coatings for Metal. k. D4586, Standard Specification for Asphalt Roof Cement, Asbestos-Free. 2. Federal Specifications (FS): QQ-L-201F(2), Lead Sheet. 3. Sheet Metal and Air Conditioning Contractors National Association (SMACNA): Architectural Sheet Metal Manual, 5th Edition. 1.2 PERFORMANCE REQUIREMENTS A. General: Sheet metal siding, flashing and trim shall withstand wind loads, structural movement, thermally induced movement, and exposure to weather without failing, rattling, leaking, and fastener disengagement. B. Thermal Movements: 1. Provide sheet metal siding, flashing and trim that allows for thermal movements resulting from the following maximum change (range) in ambient and surface temperatures by preventing buckling, opening of joints, hole elongation, overstressing of components, failure of joint sealants, failure of connections, and other detrimental effects. 2. Provide clips that resist rotation and avoid shear stress as a result of sheet metal and trim thermal movements. 3. Base engineering calculation on surface temperatures of materials due to both solar heat gain and nighttime-sky heat loss. 4. Temperature Change (Range): 120 degrees F, ambient; 180 degrees F, material surfaces; -10 degrees F minimum temperature. 1.3 QUALITY ASSURANCE A. Sheet Metal Flashing and Trim Standard: Comply with SMACNA’s “Architectural Sheet Metal Manual.” Conform to dimensions and profiles shown, unless more stringent requirements are indicated. 1.4 SUBMITTALS TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 07 – SHEET METAL FLASHING AND TRIM MAX BRT TVM TRIM REPLACEMENT 07 62 00 SHEET METAL FLASHING AND TRIM IFC June 21, 2015 02 41 00-2 Ditesco A. Action Submittals: 1. Shop Drawings: a. Show joints, types and location of fasteners, and special shapes. b. Catalog data for stock manufactured items. 2. Samples: Color Samples for items to be factory finished. 1.5 DELIVERY, HANDLING, AND STORAGE A. Inspect for damage, dampness, and wet storage stains upon delivery to Work Site. B. Remove and replace damaged or permanently stained materials that cannot be restored to like- new condition. C. Carefully handle to avoid damage to surfaces, edges, and ends. D. Do not open packages until ready for use. E. Store materials in dry, weathertight, ventilated areas until immediately before installation. 1.6 SPECIAL GUARANTEE A. Product: Furnish manufacturer’s extended guarantee or warranty, with Owner named as beneficiary, in writing, as Special Guarantee. Special Guarantee shall not be less than guarantee period of 2 years as provided for in the General Conditions. PART 2 PRODUCTS 2.1 METAL A. Stainless Steel: ASTM A666, Type 304 or Type 316, soft temper; No. 2D, dull finish, 0.0625 inch thick (16 gauge), unless otherwise shown. B. Stainless Steel paneling to be perforated. Custom manufacturing required. C. Approved Manufacturers 1. McNichols Architectural Panels 2. Firestone D. Fasteners: 1. For Galvanized Steelwork: Steel, galvanized per ASTM A153/A153M or stainless steel fasteners. 2. For Zinc or Aluminum Work: Stainless steel or aluminum; reglet fasteners may be galvanized or cadmium-plated steel. 3. For Stainless Steelwork: Stainless steel. All stainless steel fasteners to receive anti-seize application prior to installation. 2.2 FABRICATION OF PANELS A. Field measure prior to fabrication. B. Fabricate in accordance with SMACNA Architectural Sheet Metal Manual that apply to design, dimensions, metal, and other characteristics of item indicated. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 07 – SHEET METAL FLASHING AND TRIM MAX BRT TVM TRIM REPLACEMENT 07 62 00 SHEET METAL FLASHING AND TRIM IFC June 21, 2015 02 41 00-3 Ditesco C. Fabricate sheet metal panels, flashing and trim in thickness or weight needed to comply with performance requirements, but not less than that specified for each application and metal. D. Fabricate sheet metal flashing and trim without excessive oil canning, buckling, and tool marks and true to line and levels indicated, with exposed edges folded back to form hems. E. Seams for Other Than Aluminum: Fabricate nonmoving seams in accessories with flat-lock seams. Tin edges to be seamed, form seams, and solder. F. Reinforcements and Supports: Provide same material as flashing, unless other material is shown. Steel, where shown or required, shall be carbon or stainless. G. Rigid Joints and Seams: Make mechanically strong. Seal aluminum joints with sealant. Solder galvanized and stainless steel metal joints. Do not use solder to transmit stress. H. Sealed Joints: Form nonexpansion but movable joints in metal to accommodate elastomeric sealant to comply with SMACNA recommendations. I. Fabricate sheet metal in lengths required by plans, unless otherwise indicated. J. Solvent clean sheet metal. Surfaces to be in contact with roofing or otherwise concealed shall be coated with isolation paint. K. Conceal fasteners and expansion provisions where possible on exposed-to-view sheet metal flashing and trim, unless otherwise indicated. Provide vandal proof fasteners as indicated in the drawings. L. Fabricate cleats and attachment devices from same material as accessory being anchored or from compatible, noncorrosive metal. 1. Thickness: As recommended by SMACNA’s “Architectural Sheet Metal Manual” and FMG Loss Prevention Data Sheet 1-49 for application, but not less than thickness of metal being secured. PART 3 EXECUTION 3.1 EXAMINATION A. Verify openings and penetrations in place. B. Verify nailing or mounting strips/points and blocking are properly located. 3.2 INSTALLATION A. Paneling 1. General: Install sheet metal paneling to comply with performance requirements and SMACNA’s “Architectural Sheet Metal Manual.” Provide concealed fasteners where possible, set units true to line, and level as indicated. 2. Isolate metal from wood and concrete and from dissimilar metal with isolation tape or two coats of isolation paint. 3. Use only stainless steel fasteners to connect isolated dissimilar metals. 4. Joints: Per drawings. 5. Joints, Fastenings, Reinforcements, and Supports: Sized and located as required to preclude distortion or displacement due to thermal expansion and contraction. 6. Conceal fastenings wherever possible. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS DIVISION 07 – SHEET METAL FLASHING AND TRIM MAX BRT TVM TRIM REPLACEMENT 07 62 00 SHEET METAL FLASHING AND TRIM IFC June 21, 2015 02 41 00-4 Ditesco 7. Set sheet metal to straight, true lines with exposed faces aligned in proper plane without bulges or waves. B. Prefabricated Metal Systems: 1. Follow system manufacturer’s printed instructions. 2. Place color variations in pieces so no extremes are next to each other. 3.3 FINISH A. Exposed Surfaces of Flashing and Sheet Metalwork: Free of dents, scratches, abrasions, or other visible defects, and clean and ready for painting where applicable. 3.4 CLEANING AND PROTECTION A. Clean exposed metal surfaces of substances that interfere with uniform oxidation and weathering. B. Clean and neutralize flux materials. Clean off excess solder and sealants. C. Remove temporary protective coverings and strippable films as sheet metal panels, flashing and trim are installed. On completion of installation, clean finished surfaces, including removing unused fasteners, metal filings, pop rivet stems, and pieces of flashing. Maintain in a clean condition during construction. D. Replace sheet metal panels, flashing and trim that have been damaged or that have deteriorated beyond successful repair by finish touchup or similar minor repair procedures. END OF SECTION TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS APPENDIX A MAX BRT TVM TRIM REPLACEMENT IFC June 21, 2015 APPENDIX A-1 Ditesco APPENDIX A PICTURE REFERENCES OF TVM PANEL TRIM REPLACEMENT Location: Downtown Transit Center Station TVMs: One Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. Location: Mountain Station Northbound and Southbound TVMs: Two Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. (Typical of two) Location: Olive Station Northbound and Southbound TVMs: Two Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. (Typical of two) Location: Mulberry Station Northbound and Southbound TVMs: Two Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. (Typical of two) Location: Laurel Station Northbound and Southbound TVMs: Two Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. (Typical of two) Location: University Station TVMs: One Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. Location: Prospect Station TVMs: One Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. Location: Spring Creek Station Northbound and Southbound TVMs: Two Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. (Typical of two) Location: Drake Station TVMs: One Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. Location: Swallow Station Northbound and Southbound TVMs: Two Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. (Typical of two) Location: Horsetooth Station TVMs: One Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. Location: Troutman Station TVMs: One Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. Location: Harmony Station TVMs: One Sheet paneling trim to be replaced: As indicated Scale: None Highlighted sheet trim to be replaced. TECHNICAL SPECIFICATIONS CITY OF FORT COLLINS APPENDIX B MAX BRT TVM TRIM REPLACEMENT IFC June 21, 2015 APPENDIX B-1 Ditesco APPENDIX B DRAWINGS AND DETAILS “  VARIES “ A C100 B C100 SS 304 METAL PANEL - 16C PERFORATED VARIES (BOTH SIDES OF TRM) STEEL STRUCTURE #10 SCREW SS 304 METAL PANEL (16 G) 1x1x3/16" L OR 2x2x 3/16" L DEPENDING ON OPENING SS 304 METAL PANEL (16 G) WELDED NUT 1"x1"x3/16" L #10 METAL SCREW x 1" NOM. STEEL COLUMN AS SHOWN C100 TICKET VENDING MACHINE TRIM DETAIL 1 SHEET NO. XX-XXX PROJECT NO. SHEET INDEX DESIGNED BY: DRAWN BY: APPROVED BY: SCALE: SHEET SUBSET: TICKET VENDING MACHINE HARMONY STATION DATE: NONE June 17, 2015 K. Meyer R. Bunner K. Meyer A C100 SECTION A-A' 100 C100 TRM DETAIL TRIM TO BE REPLACED B C100 SECTION B-B' G TRIM 311 None None unless non- competitive award None None unless non- competitiv e award None None unless non- competitive award II Non State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects Yes3 Yes3 Those imposed on non-state Grantee pass thru to Contractor Yes Yes Yes Yes Yes Yes Yes Yes Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)