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Home My WebLink About429212 GLH CONSTRUCTION - CONTRACT - BID - 6075 TROLLEY BRICK RESTORATIONSPECIFICATIONS .m CONTRACT DOCUMENTS FOR Trolley Brick Restoration Project BID NO 6075 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS December 6, 2007 — 3 00 P M (OUR CLOCK) where renewal i5 a way of life CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800 1 - 00800-2 FEDERAL FORMS Work Change Directive Request for Interpretation Clarification Notice Field Order David Bacon Wages 00900 Addenda Modifications and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS Labor Materials and Equipment 6 3-6 5 CONTRACTORS other 7 Laws and Regulations 614 Contractual Liability Insurance 54 10 Liability Insurance 54 Contractual Time Limits 122 Article or Paragraph Number Notice of variation from Contract Documents 627 Patent Fees and Royalties 612 Permits 013 Progress Schedule 66 Record Documents 619 related Work performed prior to ENGINEER s approval of required submittals 628 safe structural loading 618 Safety and Protection 620 72, 132 Safety Representative 621 Scheduling the Wok 692 Shop Drawings and Samples 624 Shop Drawings and Samples Review by ENGINEER 626 Site Cleanliness 617 Submittal Procedures 625 Substitute Construction Methods and Procedures 672 Substitutes and Or Equal Items 67 1 Superintendence 62 Supervision 01 Survival of Obligations 634 Taxes 6 15 Tests and Inspections 135 To Report 25 Use of Premises 6 16-6 18 6 30 2 4 Review Prior to Shop Drawing m Sample Submittal 625 Right to adjustment for changes in the Work 102 right to claim 4 71 94 95 911 102112 119 121 139 148 151 155 173 Safety and Protection 6 20 6 22 7 2 13 2 Safety Representative 621 Shop Drawings and Samples Submittals 624628 Special Consultants 1144 Substitute Construction Methods and Procedures 6 7 Substitutes and Or Equal Items Expense 67 1 672 Subcontractors Suppliers and Others 68 611 Supervision and Superintendence 61 62 621 Taxes, Payment by 6 15 Use of Premises 6 16 6 18 Warranties and guarantees 65 630 Warranty of Title 143 Written Notice Required CONTRACTOR stop Work or terminate 15 5 Reports of Differing Subsurface and Physical Conditions 4 23 Substantial Completion 148 na Article or Paragraph Number Coordination CONTRACTOR s responsibility 692 Copies of Documents 22 Correction Period 1312 Correction Removal or Acceptance of Defective Work in general 1041 1310 1314 Acceptance of Defective Work 1313 Correction or Removal of Defective Work 630 1311 Correction Period 13 12 OWNER May Correct Defective Wok 1314 OWNER May Stop Work 1310 Cost of Tests and Inspections 134 Recordsl1 7 Cost of the Wok Bonds and insurance additional 11459 Cash Discounts 1142 CONTRACTORsFee 116 Employee Expenses 11 4 5 1 Exclusions to 115 General11 4-11 5 Hone office and overhead expenses 115 Losses and damages 11456 Materials and equipment 1142 Minor expenses 11458 Payroll costs on changes 11 4 1 performed by Subcontractors 11 43 Recordsl1 7 Rentals of construction equipment and in achmery 11453 Royalty payments permits and license fees 11455 Site office and temporary facilities 11452 Special Consultants CONTRACTOR, 1144 Supplemental 1145 Taxes related to the Work 11454 Tests and Inspection 134 Trade Discounts 1142 Utilities fuel and sanitary facilities 11457 Wok after regular hours 11 4 1 Covering Wok 136 137 Cumulative Remedies 174 175 Cutting fitting and patching 72 Data to be furnished by OWNER 83 Day definition of 1722 Decisions on Disputes 911 912 defective definition of 114 defective Work Acceptance of 1041 1313 ETCDC GENERAL CONDITIONS 1910 a (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REv 9/99) Correction or Removal of 1041 1311 Correction Period 1312 in general 13 147 1411 Article or Paragraph Number Observation by ENGINEER 92 OWNER May Stop Work 1310 Prompt Notice of Defects 131 Rejecting 96 Uncovering the Work 138 Definitions 1 Delays 41 629 123 124 Delivery of Bonds 21 Delivery of certificates of insurance 2 7 Determ mations for Unit Prices 910 Differing Subsurface or Physical Conditions Notice of 423 ENGINEER s Review 424 Possible Contract Documents Change 4 2 5 Possible Price and Times Adjustments 4 2 6 Discrepancies -Reporting and Resolving 25 332 6 142 Dispute Resolution Agreement 161 166 Arbitration 161 165 gmera116 Mediation 166 Dispute Resolution Agreement 161 166 Disputes, Decisions by ENGINEER 931 912 Documents Copies of 22 Record 6 19 Reuse of 37 Drawings definition of 1 15 Easements 41 Effective date of Agreement definition of 1 16 Emergencies 623 ENGINEER as initial interpreter on disputes 911 912 definition of 1 17 Limitations on authority and responsibilities 913 Replacement of 82 Resident Project Representative 93 ENGINEER s Consultant definition of 1 18 ENGINEERS authority and responsibility hm itations on 913 Authorized Variations in the Weak 95 Change Orders responsibility for 97 10 11 12 Clarifications and Interpretations 363 94 Decisions on Disputes 911 912 defective Work notice of 131 Evaluation of Substitute Items 673 Liability 632 912 Notice Work is Acceptable 1413 Observations 6102 92 OWNER s Representative 91 Payments to the CONTRACTOR, Responsibility for 99 14 Recommendation of Payment 144 1413 Article or Paragraph Number Responsibilities Limitations op 9 11 913 Review of Reports on Differing Subsurface and Physical Conditions 424 Shop Drawings and Samples, review responsibility 626 Status During Construction authorized variations in the Work 95 Clarifications and Interpretations 9 4 Decisions on Disputes 911 912 Determinations on Unit Price 910 ENGINEER as Initial Interpreter 911 912 ENGINEER s Responsibilities 91 912 Limitations on ENGINEER s Authority and Responsibilities 913 OWNERS Representative 91 Project Representative 93 Rejecting Defective Work 96 Shop Drawings Change Orders and Payments 9799 Visits to Site 92 Una Price determinations 910 Visits to Site 92 Written consent required 72 91 Equipment, Labor Materials and 6 3 6 5 Equipment rental Cost of the Work 11453 Equivalent Materials and Equipment 07 error or omissions 633 Evidence of Financial Arrangements 8 11 Explorations of physical conditions 4 2 1 Fee CONTRACTORS Costs Plus 116 Field Order — definition of 1 19 issued by ENGINEER 36 1 95 Final Application for Payment 14 12 Final Inspection 1411 Final Payment and Acceptance 1413 1414 Prior to for cash allovances 11 8 General Provisions 173 174 General Requirements definition of 1 20 principal references to 26 64 6 6 6 7 624 Giving Notice 171 Guarantee of Work by CONTRACTOR 630 1412 Hazard Communication Programs 622 Hazardous Waste definition of 1 21 general 4 5 OWNER s responsibility for 8 10 EICDC (ZNERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification 612, 616 631 633 Insurance 53 Initially Acceptable Schedules 29 Precedence 3 1 333 Inspection Reference to 3 3 1 Certificates of 9 13 4 13 5 14 12 Safety and Protection 620 132 Final 1411 Subcontractors Suppliers and Other* 6 8 6 11 Article or Paragraph Article or Paragraph Number Number Special required byENGINEER 96 Tests and Inspections 135 Tests and Approval 87 133 134 Use of Premises 616 Insurance Visits to Site 9 2 Acceptance of by OWNER 5 14 Liability Insurance Additional required by changes CONTRACTORS 54 in the Work 11459 OWNERS 55 Before starting the Work 27 Licensed Sureties and Insurer* 53 Bonds and in general 5 Liens Cancellation Provisions 5 8 Application for Progress Payment 142 Certificates of 2 7 5 5 3 5 4 11 5 4 13 CONTRACTORS Warranty of Title 143 5 6 5 5 8 5 14 9 13 4 14 12 Final Application for Payment 1412 completed operations 5413 definition of 123 CONTRACTORS Liability 54 Waiver of Clams 1415 CONTRACTORS objection to coverage 514 Limitations on ENGINEER s authority and Contractual Liability 5410 responsibilities 913 deductible amounts CONTRACTORs Limited Reliance by CONTRACTOR responsibility 59 Authorized 422 Final Applicaton for Payment 1412 Mamtenance and Operating Manuals Licensed Insurers 53 Final Application for Payment 1412 Notice requirements material change* 58 105 Manuals (of others) Option to Replace 514 Precedence $3 3 1 other special insurances 510 Reference to in Contract Documents 3 3 1 OWNER as fiduciary for msureds 5 12 5 13 Materials and equipment OWNERs Liability 55 furnished by CONTRACTOR 63 OWNERS Responsibility 85 not Incorporated in Work 14 2 Partial Utilization Property Insurance 5 15 Materials or equipment equivalent 6 7 property 56510 Mediation (Optional) 167 Receipt and Application of Insurance Milestones definition of 1 24 Proceeds 5 12 5 13 Miscellaneous Special Insurance 5 10 Computation of Tunes 172 Waiver of Rights 5 11 Cumulative Remedies 174 Intent of Contract Docum ents 31 34 Giving Notice 171 Interpretations and Clarifications 3 6 3 9 4 Notice of Clain 173 Investigations of physical conditions 4 2 Professional Fees and Court Costs Included 175 Labor Materials and Equipment 6 3 6 5 Multi prime contracts 7 Lands Not Shown or Indicated 4 3 2 and Easements 8 4 Notice of Availability of 4 1 84 Acceptability of Project 14 13 Reports and Tests 8 4 Award definition of 125 Laws and Regulations Law s or Regulations Claim 173 Bonds 5 1 S 2 Defects 13 1 Changes in the Work 10 4 Differing Subsurface or Physical Conditions 4 2 3 Contract Documents 3 1 Giving 171 CONTRACTOR s Responsibilities 614 Correction Period defective Wok J3 12 Tests and Inspection* 133 Cost of the Work, taxes 11 4 5 4 Variation, Shop Drawing and Sample 627 definition of 1 22 Notice to Proceed general6 14 definition of 126 Indemnification 6 31 6 33 giving of 23 x E1CDC GENERAL. CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Notification to Surety Jos Observations, by ENGINEER 630 92 Occupancy of the Work 5 15 6 30 2 4 14 10 Omissions or acts by CONTRACTOR 69 913 Open Peril policy form Insurance 562 Option to Replace 514 Article or Paragraph Number Or Equal Items 67 Other work 7 Overtime Work prohibition of 63 OWNER Acceptance of defective Work 1313 appoint an ENGINEER 82 as fiduciary 5 125 13 Availability of Lands responsibility 41 definition of 127 data furnish 83 May Correct Defective Work 1314 May refuse to make payment 147 May Stop the Work 1310 May Suspend Work Terminate 8 8 13 10 15 1 15 4 Payment make prompt 83 144 14 13 performance of other work 71 permits and licenses, requirements 613 purchased insurance requirements 56 510 OWNER s- Acceptance of the Work Change Orders obligation to execute Communications Coordination of the Work Disputes, request for deusron Inspections tests and approvals Liability Insurance Notice of Defects Representative During Construction ENGINEERS Status Responsibilities Asbestos PCBs, Petroleum Hazardous Waste or Radioactive Material Change Orders Changes in the Work communications CONTRACTOR s responsibilities evidence of financial arrangements inspections tests and approvals insurance lands and easements prompt payment by replacement of ENGINEER reports and tests 63025 86 104 81 74 911 87 134 55 131 stop or suspend Work 88 13 10 terminate CONTRACTOR s 91 $ 10 86 101 81 89 8 11 87 85 84 83 82 84 151 services 88 152 separate representative at site 93 testing independent use or occupancy of the Work wntten consent or approval required 134 515 63024 1410 91 63 114 EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REv 9/99) Article or Paragraph Number written notice required 71 94 911 112 119 14 7 15 4 PCBs definition of 1 29 general 45 OWNERS responsibility for 810 Partial Utilization definition of 128 general 6 30 2 4 14 10 Property Insurance 5 15 Patent Fees and Royalties 612 Payment Bonds 5 1 5 2 Payments Recommendation of 144147 1413 Payments to CONTRACTOR and Completion Application for ProgressPayments 142 CONTRACTORS Warranty of Title 143 Final Application for Payment 1412 Final Inspection 1411 Final Payment and Acceptance 1413 1414 general $ 3 14 Partial Utilization 1410 Retamage 142 Review of Applications for Progress Payments prompt payment Schedule of Values Substantial Completion Waiver of Claims when paym ents due withholding payment Performance Bonds Permits Petroleum definition of general OWNER s responsibility for Physical Conditions Drawings of in or relating to ENGINEER s review emsting structures general 2 1 2 Notice of Differing Subsurface or Possible Contract Documents Change Possible Price and Times Adjustments Reports and Drawings Subsurface and Subsurface Conditions Technical Data Limited Reliance by CONTRACTOR Authorized Underground Facilities general Not Shown or Indicaed Protection of 144147 83 141 148 149 1415 44 1413 147 5152 613 1 30 45 8 10 4212 424 422 423 425 426 421 42 4211 422 43 432 43 620 Article or Paragraph Number Shown or Indicated 4 3 1 Technical Data 422 Preconstruction Conference 28 Preliminary Matters 2 Prelnnmary Schedules 26 Premises Use of 616618 Price Change of Contract 11 Price Contract definition of 1 11 Progress Payment, Applications for{ 142 Progress Payment retamage 142 Progress schedule CONTRACTOR s 26 28 29 66 629 104 1521 Project definition of 131 Project Representative ENGINEER s Status During Construction Project Representative Resident definition of prompt payment by OWNER Property Insurance Additional general5 6 5 10 93 133 83 57 Partial Utilization 5 15 14 10 2 receipt and application of proceeds 5 12 5 13 Protection Safety and 6 20-6 21 132 Punch list 1411 Radioactive Material defrition of genera14 5 OWNER s responsibility for Recommendation of Payment 144 145 Record Documents 619 Records procedures for maintaining Reference Points Reference to Standards and Specifications of Technical Societies Regulations Laws and (or) Rejecting Defective Work Related Work at Site Perfumed prior to Shop Drawings and Samples submittals review Remedies cumulative Removal Or Correction ofDefecnve Work rental agreements OWNER approval required replacement of ENGINEER by OWNER Reporting and Resolving 132 810 1413 1412 28 44 33 614 96 7173 628 174 175 13 11 11453 82 Discrepancies 25 3 3 2 6 142 Reports and Drawings 4 2 1 and Tests OWNER s responsibility 84 Resident and Project Representative definition of 133 provision for 93 xu E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number Resident Superintendent CONTRACTOR s 62 Responsibilities CONTRACTOR s-in general 6 ENGINEER s in general 9 Limitations on 913 OWNERS in general 8 Retamage 142 Reuse of Docum ents 37 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal 625 Review of Applications for Progress Payments 144 147 Right to an adjustment 102 Rights of Way 41 Royalties, Patent Fees and 612 Safe Structural Loading 618 Safety and Protection 432 616 618 620-621 72 132 general 620623 Representative CONTRACTOR s ¢ 21 Samples definition of 134 general ¢ 24 6 28 Review by CONTRACTOR 625 Review by ENGINEER 626 627 related Work ¢ 28 submittal of 0242 submittal procedures 625 Schedule of progress 26 28 29 66 629 104 1521 Schedule of Shop Drawing and Sample Submittals 2 6 2 8 2 9 6 24-6 28 Schedule of Values 26 29 29 141 Schedules Adherence to 152 1 Adjusting 66 Change of Contract Times 104 Imhally Acceptable 28 29 Preluninary, 26 Scope of Changes 103 104 Subsurface Conditions 4 2 1 1 Shop Drawings and Samples general 624628 Change Orders & Applications for Payments and 9 7 9 9 definition of 1 35 ENGINEERS approval of 3 6 2 ENGINEER s responsibility for review 97 6 24-6 28 related Work ¢ 28 review procedures 28 624628 ani Article or Paragraph Number submittal required Submittal Procedures use to approve substitutions Shown or Indicated Site Access Site Cleanliness Site Visits to — by ENGINEER by others special causes of loss policy form insurance definition of Specifications defination of of Technical Societies reference t9 precedence Standards and Specifications of Technical Societies Starting Construction Before Starting the Work Stop or Suspend Work by CONTRACTOR by OWNER 88 Storage of materials and equipment Structural Loading Safety Subcontractor 6 24 1 625 673 431 72 132 617 92 132 132 562 136 136 331 333 33 2528 24 155 13 10 151 41 72 618 Concerning 68 611 definition of 1 37 delays 123 waiver of rights 611 Subcontractors in general 68 611 Subcontracts required provisions 5 11 611 1143 Subm ittals Applications for Payment 142 Maintenance and Operation Manuals 1412 Procedures 625 Progress Schedules 26 29 Samples 624628 Schedule of Values 26 141 Schedule of Shop Drawings and Samples Subm issions 26 28 29 Shop Drawings 624 628 Substantial Completion certification of 6 30 2 3 14 8 14 9 definition of 138 Substitute Construction Methods or Procedures 672 Substitutes and Or Equal Items 6 7 CONTRACTORS Expense 07 13 ENGINEERS Evaluation 6 73 Or Equal 6 7 1 1 Substitute Construction Methods EJCDC GENERAL CONDITIONS I910 8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures 6 7 2 Substitute Items 67 12 Subsurface and Physical Conditions Drawings of in or relatng to 42 12 ENGNEERs Review 4 2 4 general 4 2 Limited Reliance by CONTRACTOR Authorized 422 Notice of Differing Subsurface or Physical Conditions 423 Physical Conditions 4 2 1 2 Possible Contract Documents Change 4 2 5 Possible Price andTmies Adjustments 426 Reports and Drawings 4 2 1 Subsurface and 4 2 Subsurface Conditions at the Site 4 2 1 1 Technical Data 422 Supervision CONTRACTOR s responsibility 41 OWNER shall not supervise 8 9 ENGINEER shall not supervise 92 9 132 Superintendence 6 2 Superintendent, CONTRACTOR s resident 6 2 Supplemental costs 11 4 5 Supplementary Conditions definition of 139 principal references to 110 118 22 2 7 42 43 51 53 54 5659 511 68 613 74 811 93 910 Supplementing Contract Documents 3 6 Supplier definition of principal references to 37 65 68611 624 913 Waiver of Rights Surety consent to final payment ENGINEER has no duty to Notification of qualification of Survival of Obligations Suspend Work OWNER May Suspension of Work and Termination CONTRACTOR May Stop Work or Term mate OWNER May Suspend Work OWNER May Terminate Taxes Payment by CONTRACTOR Technical Data Limited Reliance by CONTRACTOR Possible Price and Times Adjustments Reports of Differing Subsurface and Physical Conditions xry 140 620 1412 611 1412 1414 913 101 105 152 5153 634 13 10 151 15 155 151 152154 615 422 426 423 Temporary construction facilities 41 Article a Paragraph Number Termination by CONTRACTOR 155 by OWNER 98 15 1 154 of ENGINEERS employment 82 Suspension of Work in general 15 Terms and Adjectives 34 Tests and Inspections Access to the Work, by others 132 CONTRACTOR s responsibilities 135 cost of 13 4 covermg Work prior to 136 137 Laws and Regulations (or) 135 Notice of Defects 131 OWNER May Stop Work 1310 OWNERS independent testing 134 special required by ENGINEER 96 timely notice required 134 Uncovering the Work, at ENGINEER s request 138 139 Times Adjusting 66 Change of Contract 12 Computation of 172 Contract Times definition of 1 12 day 1722 Milestones 12 Requirements appeals 910 16 clarifications claims and disputes 911 112 12 Commencement of Contract Times 23 Preconstrucnon Conference 28 schedules 26 29 66 Starting the Work 24 Title Warranty of 143 Uncovering Work 138 139 Underground Facilities Physical Conditions definition of 141 Not Shown a Indicated 4 3 2 protection of 43 620 Shown or Indicated 4 3 1 Unit Price Work claims 1193 definition of 142 generall 1 9 141 145 Unit Prices generall1 3 1 Determination for 910 Use of Premises 6 16 6 18 6 30 2 4 Utility owners 613 620 7173 132 Utilization Partial 128 5 15 6 30 2 4 14 10 Value of the Work 11 3 Values Schedule of 26 28 2 9 14 1 E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Variations in Work Minor Authorized 625 627 95 Article or Paragraph Number Visits to Site by ENGINEER 92 Waiver of Clams -on Final Payment 1415 Waiver of Rights by insured parties 511 611 Warranty and Guarantee General by CONTRACTOR §30 Warranty of Title CONTRACTORS 143 Work Access to 132 by others 7 Changes in the 10 Continuing the 029 CONTRACTOR May Stop Work or Terminate 155 Coordination of 74 Cost of the 11 4 115 definition of 1 43 neglected by CONTRACTOR 1314 other Work 7 OWNER May Stop Work 13 10 OWNERMay Suspend Work 1310 151 Related, Work at Site 7 1 7 3 Starting the 24 Stopping by CONTRACTOR 155 Stopping by OWNER 151 154 Variation and deviation authorized, minor 36 Work Change Directive clams pursuant to 102 definition of 144 principal references to 35 3 101 102 Written Amendment definition of 145 principal references to 1 10 3 5 5 10 15 12 662 682 619 101 104 112 121 13 12 2 1472 Written Clarifications and Interpretations 3 6 3 94 9 11 Written Notice Required by CONTRACTOR 71 9 10 9 11 104 112 121 by OWNER 910911 104 112 1314 xv E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xn EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) GENERAL CONDITIONS ARTICLE 1 DEFINITIONS Wherever used in these General Conditions or in the other CorAract Documents the following terms have the meanings indicated which are applicable to bah the singular and plural thereof 1 1 Addenda Written or graphic instruments Issued pnor to the opening of Bids which clarify correct or change the Bidding Requirements or the Contract Documents 12 Agreement -The written contract between OWNER and CONTRACTOR covering the Work to be perfumed other Contract Documents are attached to the Agreement and made a part thereof as provided therem 13 Application for Payment —Thu form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompamed by such supporting documentation as is required by the Contract Documents 14 Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the an above current action levels established by the United States Occupations] Safety and Health Adimmstration 15 Bid —The offer or proposal of the bidder submitted on the prescnbed form setting forth the prices for the Work to be performed 16 Bzddm$ Doctonents—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) 17 Bidding Requirements The advertisement or invitation to Bud, instructions to bidders and the Bid form 1 8 Bonds —Performance and Payment bonds and other Instruments of security 19 Change Order —A document recommended by EN(INEER which IS signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work ar an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Dam of the Agreement 110 Contract Documents —The Agreement Addenda (which pertain to the Contract Documents) CONTRACTORS Bid (including documentation accompanying the Bid and any post Bid documentation Submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Nance to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 1910 8 (1990 ENnm) W CITY OF FORT COLLINS MODIFICATIONS (REV 42000) same are more specifically identified in the Agreement together with all Written Amendments, Change Ordera, Work Change Directives Fuld Orders and ENGINEERS written mtapretatrors and clanficahos Issued pursuant to Paragraphs 3 5 3 6 1 and 3 6 3 on or after the Effective Date of the Agreement Shop Drawing Submittals approved pursuant to paragraphs 6 26 and 6 27 and the reports and drawings referred to in paragraphs 4 2 1 and 4 2 2 are not Contract Documents 111 Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 119 1 in the case of Unit Price Work) 1 12 Contract Tzmes—The numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion, and (n) to complete the Weak so that it its ready feu final payment as evidenced by ENGINEERS written recommendation of foal payment in accordance with paragraph 14 13 1 13 CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement 114 defective —An adjective which when modifying the word Work refers to Work that its unsatisfactory faulty or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEERs recommendation of final payment (udess responsibility for the protection thereof has been assumed by OWNER at Substantial Cunplehon in accordance with paragraph 14 8 or 14 10) 1 15 Drawings- The drawings wluch show the scope extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to In the Contract Documents Shop drawings are not Drawings as so defined 116 Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective but if no such dam s indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver 117 ENGINEER —The person firm or corporation named as such in the Agreement 118 ENGINEERS Consaltam A person, firm or corporation having a contract with ENGINEER to fumsh services as ENGINEERS independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 119 Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9 5 but which does not involve a change in the Contract Price or the Contract Times SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 2 120 General Requirements —Sections of Division 1 of the Specifications 121 Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time 122 a Laws and Regulations Laws or Regulations Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having lurisdnetion 1 22 b Legal Hohdays -shall be those holidays observed by the City of Fat COIhnS 123 Liens Liens, charges, secunty Interests or encumbrances upon real property or personal property 124 Milestone A principal event specified in the Contract Documents relating to an in termedmte completion date or time prior to Substantial Completion of all the Work 125 Nonce ofAward—A written notice by OWNER to the apparent successful bidder stating that upon comphance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement 126 Nonce to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date ort which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTORS obligations under the Contract Documents 127 OWNER —The public body or authority corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128 Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 129 PCBs—Polychlonnatedbiphenyls 130 Petroleum Petroleum including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14 7 pounds per square inch absolute) such as oil petroleum fuel oil, oil sludge oil refuse gasolme kerosene and oil mixed with other non Hazardous Wastes and crude oils 131 Project —The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents 132 a Radroachre Material —Source special nuclear or byproduct material as defined by the Atomic Energy Act of E1CDC GENERAL CONDITIONS 19105 (1990 Eehtmn) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42USC Section 2011 et seq) as amended from time to time 132 b Regidar Working Hours Regular working he are defined as 700am to 600pm unles otherwise specified in the General Requirements 133 Resident Project Representatme—The authorized representative of ENGINEER who may be assigned to the site or any part thereof 134 Samples —Physical examples of materials equipment, or workmanship that we representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 135 Shop Drawengs All drawings, diagrams illustrations. schedules and other data or information which are speafically prepared or assembled by or fa CONTRACTOR and submitted by CONTRACTOR to Illustrate some portion of the Work 136 Specifications —Those portions of the Contract Documents comisttng of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto 137 Subcontractor An individual firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site 138 Substantial Complehon-TheWork (or a specified part thereof) has progressed to the point where in the Opinion of ENGINEER as evidenced by ENGINEERs definitive certificate of Substantial Completion, it is sufficiently complete in accordance with the Contract Documents so that the Work (or specified Part) can be utilized for the purposes for which it is intended or if no such certificate is issued when the Work is complete and ready for final payment as evidcirced by ENGINEERs written recommendation of final payment in accordance with paragraph 1413 The terms substantially complete and substantially completed as applied to all or part of the Work refer to Substantial Completion thereof 139 Supplementary ConaShons—The part of the Contract Documents which amends or supplements these General Conditions 140 Suppher—A manufactura fabricator supplier distributor mmaialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish matenals or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor 141 Underground Facilities —All pipelines conduits ducts, cables, wires, manholes, vaults, tanks tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials electricity gases, steam liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal traffic or other control systems or water 142 Unit Price Work -Work to be paid for on the basis of unit prices 143 Work The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract lesocmnents Work includes and is the result of performing or famishing labor and furnishing and mcorpomttrng materials and egmpment into the construction, and performing or furnishing services and frnashinig documents, all as required by the Contract Documents 144 Work Change Directive -A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion m revision in the Wok, or responding to differing or unforeseen Physical conditions under which the Work is to be performed as provided in pamgraph42 or 43 or to emergencies under paragmph623 A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be Incorporated in a subsequently issued Change Order following negotiations by the parties m to its effect, if any on the Contract Price or Contract Times as provided in paragraph 10 2 145 Written Amendment A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR m or after the Effective Date of the Agreement and normally dealing with the nonengmeeri ng or nontechnical rather than strictly construction related aspects of the Contract Documents ARTICLE 2-PREIdMINARY MATTERS Dehvery of Bonds 21 When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5 1 Copies of Documents 22 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Condmons) of the Contract Documents as are reasonably necessary for the execution of the Work Addn umal copies will be furnished upon request at the cost of reproduction Commencement of Contract Times Nonce to Proceed 23 The Contract Times will commence to run on the thirtieth da) after the Effective Date of the Agreement, or EICDC GENERAL CONDITIONS 1910.8 (1990 EAnm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 411000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement In nA wmt ••••i Starting the Work 24 CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date an which the Contract Times commence to run. Before Starting Constiuchon 25 Before undertaking each part of the Work CONTRACTOR shall carefully study and compare the Contract Documents and check and verify ent figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict error ambiguity or dlserepmq which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with an Work affected thereby however CONTRACTOR shall not be liable to OWNER or ENGINEER for fadure to report any conflict, error ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 26 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements) CONTRACTOR shall submit to ENGINEER for review 261 a preliminary progress schedule indicating the tunes (numbers of days or dates) for starting and completing the venous stages of the Work, including any Milestones specified in the Contract Documents 262 a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the tines for submitting reviewing and processing such Submittal 2621 In no case will a schedule be accenmble which allows less than 21 calendar days for each review by Engineer 263 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregatmg the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each tram of Wort. 27 Before any Work at the site is started CONTRACTOR and -OWNER shall each deliver to the Other 0 opies to ENGINEER certificates of iawrance (and other evidence of insurance which e..h.._ „o a__ _ ..dt..__.., unsia:ed may CONT requeated by OWNER) which s required to purchase and =ntain in aceordsnce with paragraphs 5 4` 6 a„M ` Preconstruction Conference 28 Within twenty days alter the Contract Tunes start to run but before any Work at the site a started, a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working understanding amorig the parties as to the Work and to dacuss the schedules referred to in paragraph 2 6 procedures for handling Shop Drawings and other Submittals processing Applications for Payment and maintaining required records Inaragy Acceptable Schedules 29 Unless otherwise provided in the Contract Documents, before any work et the site beeins a conference attended by CONTRACTOR ENGINEER and others as appropriate desumated by OWNER will be held to review ffor acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 26 and Division 1 General Requirement CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR urilrl the schedules are submitted to and acceptable to ENGINEER as provided below The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified M lestones and the Contract Tames, but such acceptance will neither appose on ENGINEER responsibility for the sequencing, scheduling a progress of the Work not interfere with or relieve CONTRACTOR from CONTRACTORS full responsibility therefor CONTRACTORS schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR schedule of values will be acceptable to ENGINEER as to form and substance ARTICLE 3 -CONTRACT DOCUMENTS INTENT AMENDING REUSE Intent 31 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary what is called for by one is as binding as if called for by all The Contract Documents will be construed in accordance with the law of the place of the Project 32 It is the intent of the Contract Documents to ETCDC GENERAL CONDITIONS 191M (1990 Eth0m) wi CITY Of FORT COLLINS MODIFICATIONS (REV 42000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents Any Work, materials ar equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be famished and performed whether or not specifically called for When words or phrases which have a well known technical or construction industry or trade meaning are used to describe Work materials or equipment such words or phrases shall be interpreted in accordance with that mearmig Clarifications and interpretations of the Contract Docwnems shall be issued by ENGINEER as provided in paragraph 9 4 33 Reference to Standard; and Spectfncadons of Technical Societies Raw ling and Rminng Discrepancies 331 Reference to standards, specifications manuals or codes of any technical society orgamzation a association a to the Laws or Regulations of any governmental authority whether such reference be specific or by implication, shall mean the latest standard specification, manual code or Laws or Regulations in effect at the time of opening of Bids or on the Effective Date of the Agreement if there were no Bids) except as may be otherwise specifically stated in the Contract Documents 332 If; during the performance of the Work CONTRACTOR discovers any conflict, error ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any nstruction of any Supplier referred to in paragraph 6 5 CONTRACTOR shall report it to ENGINEER in writing at once and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authonud by paragraph 623) until an amendment or supplement to the Contract Documents has been issued by one of the methods educated in paragraph 3 5 or 3 6 provided, however that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict error ambiguity or discrepancy unless CONTRACTOR knew m reasonably should have known thereof 333 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragmph 3 5 or 36 the prmisions of the Contract Documents shall take precedence inresolving any conflict error ambiguity or discrepancy between the provisions of the Contract Documems and 3 3 3 1 the provisions of any such standard specification manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) or 3 3 3 2 the provisions of arty such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the Provisions of the Contract Docmnents would result in violation of such Law or Regulation) No provision of any such standard specification, manual code or instruction shall be effective to change the duties and responsibilities of OWNER CONTRACTOR or ENGINEER or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER. ENGINEER or any of ENGINEERS Consultants, agents o employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility mconsnstent with the Provisions of paragraph 9 13 or any other provison of the Contract Documents 34 Whenever in the Contract Documents the terms as ordered as directed as required as allowed as approved or teams of like effect or unport are used, or the adjectives reasonable Suitable acceptable proper' or Satisfactory or adjectives of like effect or import are used to describe a requirement, direction, review or Judgment of ENGINEER as to the Work it is intended that such requirement, direction, review or judgment will be solely to evaluate in general, the completed Work for compliance with the requirements of and udormatron in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or radiated in the Contract Documents (unless there is a specific statement indicating otherwise) The use of any Such Teri or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Wok or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9 13 or any other provision of the (,ontract Documents Amending and Supplementing Contract Documents 3 5 The Contract Documents may be amended to provide for additions, deletions and revisiots in the Work or to modify the terms and conditions thereof in one or more of the following ways 35 1 a formal Witten Amendment, 3 5 2 a Change Order (pursuant to paragraph 10 4) or E]CDC GENERAL CONDTTI ONS 1910 8 (1990 E(bam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 3 5 3 a Work Change Directive (pursuant to paragraph 10 1) 36 In addition. the requirements of the Contract Documents may be supplemented and mmor variations and deviations in the Work may be authorized, in one or more of the following ways 36 1 A Field Order (pursuant to paragraph 9 51 362 ENGINEERS approval of a Shop Drawing or Sample (pursuant to paragraphs 6 26 and 6 27) or 3 6 3 ENGINEERs written interpretation or clarification (pursuant to paragraph 9 4) Reuse of Documents 37 CONTRACTOR and any Subcontractor or Supplier or other person o organization performing or furnishing any of the Work under a direct or mdiract contract with OWNER (I) shall not have or acquire any title to or ownership rights many of the Drawmgs, Specifications or other documents (or copies of any thereof) prepared by or hearing the seal of ENGINEER or INGINEERs Consuhant, and (u) shall not reuse any of such Drawings Specifications other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4- AVAILABILITY OF LANDS SUBSURFACE AND PHYSICAL CONDITIONS REFERENCE POINTS Avmlabubly ofLandv 41 OWNER shell furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed nghtsof way and easements for access thereto and such other lands which are designated for the uwofCONTRACTOR 03A4IER-she14- isne—sh CONTRACTOR of ^" filing ow ..e OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in perfommg the Work Easements for permanent structures or permanent changes in exnstmg facilities will be obtained and paid for by OWNER, unless Otherwise provided in the Contract Documents If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNERS fumislumg these lands, rights -of way or easements CONTRACTOR may make a claun therefor as provided in Articles I I and 12 CONTRACTOR shall provide for all additional land, and access thereto that may be required for temporary construction facilities or storage of materials and equipment 42 Subsurface and Physical Condtions 4 2 1 Reports and Drawings Reference is made to the Supplementary Condiuons for Identification of 42 1 1 Subsurface Condtaoits Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents and 4212 Physical Conettions Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents 4 2 2 Limited Rehance by CONMACTOR Authonzed Technical Data CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawmgs, but such reports and drawings are not Contact Documents Such technical data is identified in the Supplementary Conditions Except for such reliance on such technical data CONTRACTOR may not rely upon Or make any claim against OWNER, ENGINEER or any of ENGINEERS Consultems with respect to 4 2 2 1 the completeness of such reports and drawings for CONTRACTORS purposes, Including but not limited to any aspects of the means methods techniques sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto or 4222 other data interpretations, opinions and information contained in Such reports or shown or indicated in Such drawings or 4223 any CONTRACTOR interpretation of or conclusion drawn from any technical data or any Such data interpretations, opinions or information 423 Nonce of Dieing Subsurface or Physical Conchnons If CONTRACTOR believes that any subsurface or physical condition at Or contiguous to the site that is uncovered or revealed either 423 1 is of such a nature as to establish that any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2 1 and 4 2 2 is materially maccunue or 4232 Is of such a nature as to require a change in the Contract Documents, or 4233 differs materially from that shown or EJCDC GENERAL CONDITIONS 1910 a (1990 Edam) W CITY OF FORT COLLINS MODIFICATIONS (REV 4k0o0) indicated in the Contract Documents, or 4234 is of an unusual nature and differs materially Fran conchttons ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents then CONTRACTOR shall promptly unmedtately after becovlvig aware thereof and before further disturbuig conditions affected thereby or perfn mg any Work in connection therewith (except in an emergency as permitted by paragmph623) notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such conditions a perform any Work in connection therewith (except as aforesaid) until receipt of wnuen order to do so 424 ENGINEER s Review ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER s obtaining additional exploration or tests with respect thereto and advise OWNER in writing Zh a copy to CONTRACTOR) of ENGINEERS ings and conclusions 425 Possible Contract Documents Change If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4 2 3 a Work Change Directive or a Change Order will be Issued w provided in Article 10 to reflect and document the consequences of such charge 4 2 6 Possible Price and Times Ad#usAnents An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of Such uncovered or revealed condition causes an increase or decrease in CONTRACTORS cost of or time required for performance of; the Work subject however to the following 4 2 6 1 Such condition must meet any one or more of the categories described in Paragraphs 4 2 3 1 through 4 2 3 4 inclusive 4262 a change in the Contract Documents pursuant to paragraph 4 2 5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment 4263 with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9 10 and 119 and 4264 ( ONTRACTOR shall not be entitled to any adjustment in the Contract price or Tunes if 42641 CONTRACTOR knew of the existence of such conditions at the Fire CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract, or 42642 the existence of such condition could reasonably have been discovered or revealed as a result of any examumucT4 mvesugahon, exploration, test or study of the site and contiguous areas required by the Bidding Requirements a Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTORS making such final conmrtment, a 42643 CONTRACTOR failed to give the written notice within the time and as required by paragraph 4 2 3 If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Rice or Contract Times a clam may be made therefor as provided in Articles 11 and 12 However OWNER, ENGINEER and ENGINEERs Consultants shall not be liable to CONTRACTOR for any clams, eosK losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 43 Physical Conditions —Underground Facihtnes 4 3 1 Shom orindtcated The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others Unless it is otherwise expressly provided in the Supplementary Conditions 4 3 1 1 OWNER and ENGINEER shall not be responsible fa the accuracy or completeness of any such information or data and 4 3 1 2 The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for (i) reviewing and checking all such information and data (11) locating all Underground Facilities shown or indicated in the Contract Documents (tit) coordmation of the Work with the owners of such Underground Facilities during construction and (iv) the safety and protection of all such Underground Facibties as provided in paragraph 620 and repairing any damage thereto resulting from the Work 432 Not Shown of Indicated If an Underground Facility is uncovered or revealed at or contiguous to the site winch was not shown or indicated in the Contract Documents, CONTRACTOR shall, pmmfQy mmediately after becoming aware thereof and before father disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 623) identify the owner of such Underground Facility and EJCDC GENERAL CONDITIONS 19104a (1990 MUM) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility end determine the extent, if any to winch a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facihty If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued m provided in Article 10 to reflect and document such consequences During such tune CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 620 CONTRACTOR shallmay be allowed an me ease in the Contract Price a an extension of the Contract Tunes, or both, to the extent that they are attrbutable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did no know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR we unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Tunes, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 However OWNER, ENGINEER and ENGINEEPs Consultants shall not be liable to CONTRACTOR for any clams, costs, losses or damages incurred or sustained by CONTRACTOR on a in connection with any other project or anticipated project Reference Points 44 OWNER shall provide engmeermg surveys to establish reference points for construction winch in ENGINEERS judgment are necessary to enable CONTRACTOR to proceed with the Work CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point Is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel 4 5 Asbestos, PCBs Petroleum Hazardous Wage or Raiboactive Material 451 OWNER shall be responsible for any Asbestos PCBs, petroleum Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Dmwngs or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR Subcontractors Suppliers or anyone else for whom CONTRACTOR is responsible ARTICLE 5- BONDS AND INSURANCE Performance Payment and Other Bonds 51 CONTRACTOR shall furnish performance and Payment Bonds each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTORS obligations under the Contract Documents These Bonds shall remain in effect at least until one year after the date when final payment becomes due except as provided otherwise by Laws or Regulations or by the Contract Documents CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as we named m the current list of Coinpames HoldCertificates of Authority as Acceptable Sureties on Fvig feral Bonds and as Acceptable Remaining Companies as published m Circular 570 (amended) by the Audit Stag Bureau of Government Fuiareial Operations US Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agents authority to act 52 If the surety on any Bond furnished by CONTRACTOR is declared a banlovpt or becomes insolvent or its right to do business u terminated many state where any part of the Project is located a it ceases to meet the requirements of paragraph 5 1 CONTRACTOR shall within ten days thereafter substitute another Bond and surety both of which must be acceptable to OWNER 53 Licensed Sureties and Insurers Cerhficates of Insurance 5 3 1 All Bards and Insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtamed from surety or insurance companies that we duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the ]units and coverages so required Such surety and Insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions 532 CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional Insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph o 4 (UI;NER-shell EICDC GENERAL CONDITIONS 1910-8 (1990 Elhtim) wi a rY OF FORT COLLINS MODIFICATIONS (REV 4t2000) CONTRACTOR s L abibty Insurance 54 CONTRACTOR shall purchase and maintain such liability and other insurance as Is appropriate for the Work being performed and furtushed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTORS performance and furnishing of the Work and CONTRACTORS other obligations under the Contract Documents, whether it is to be performed or famshed by CONTRACTOR army Subcontractor or Supplier or by anyone directly or indirect] y employed by any of them to perform or furnish any of the Work or by anyone for whose acts any of them may be liable 5 4 1 claims under workers compensation, disability benefits and other similar employee benefit acts 542 clams for damages because of bodily injury occupational sickness or disease or death of CONTRACTORS employees 543 clams for damages because of bodily injury sickness or disease or death of any person other than CONTRACTORS employees 545 clams for damages, other than to the Work itself because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom and 546 clams for damages because of bodily mjury or death of arty person or property damage ansing out of the ownership maintemance or use of any motor vehicle The policies of insurance so required by this paragraph 5 4 to be purchased and maintained shall 5 4 7 with respect to insurance required by paragraphs 5 4 3 through 5 4 6 inclusive and 5 4 9 include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER ENGINEER ENGINEERS Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds and include coverage for the respective officers and employees of all such additional insureds 5 4 8 include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations whichever is greater 5 4 9 include completed operations insurance E]CDC GENERAL CONDITIONS 19104 (1990 ENnm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 5 410 include contractual liability insurance covering CONTRACTORS mdemmty obligations under paragraphs 6 12 6 16 and 6 31 through 6 33 5 4 11 contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or rermewal refused until at least thirty days' prior written nonce has been given to OWNER and CONTRACTOR and to each other additional insured identified in time Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insura ice furnished by the CONTRACTOR pursuma to paragraph 5 3 2 will so provide) 5 4 12 remain in effect at least until final payment and at all tares thereafter when CONTRACTOR may be correcting, removing or replacing defectrve Work in accordance with paragraph 13 12 and 5 4 13 with respect to completed operations insurance and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall fmush OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any Such additional insured of continuation of such insurance at final payment and one year thereafter) OWNER s Liability Insurance 55 In addition to insurance required to be provided by CONTRACTOR under paragmph54 OWNER at OWNERS option, may purchase and maintain at OWNERS expense OWNER own liability insurance as will protect OWNER against claims winch may anse from operations under the Contract Documents Property Inmmace ♦ IpJFi�iY�M4iii�l�i11!!lIJY.$iNl7�_i11!Y 59 OWNER shall not be responsible for purchastng and maratatrung any property Insurance to protect the Interests of CONTRACTOR Subcontractors or others to alsk of �e at th Vf 10 E]CDC GENERAL CONDITIONS 39104(1990EMIM) W CITY OF FORT COLLINS MODIFICATIONS (REV 4,2000) rITM or nrnrccn ., n,,.,....t..._... Receipt andApphcnaon ofImmnce Proceeds 512 Any ensured loss under the policies of insurance required by pamgaphs 5 6 and 5 7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear subject to the requirements of any applicable mortgage clause and of paragraph 513 OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance With such agreement as the parties in interest may reach If no other special agreement s reached the damaged Work shall be repawbd or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Witten Amendment 513 OWNER as fiduciary shall have power to adjust and settle any loss With the insurers unless one of the Parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER exercise of this power If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the msurers Ttt _ __d ._ . unby�g s r ,_entaest; ��a wrr%.eFfeem___ _rN AccepranceojBondvandlnsumnce Ophonto Replace 514 If OWNER has any objection to the coverage afforded by or other provisions of the $arils-; insurance required to be purchased and maintained by the ether —party CONTRACTOR in accordance with Article 5 on the basis of nonconfonmmce with the Contract Documents the in WrmT Witt the certi&cates 27 Partial Uhhsahon—Property Insurance 5 15 If OWNER funds it necessary to occupy or use a portion or portions of the Work prior to Substantial EICDC GENERAL CONDITIONS 19104 (1990 Edt,m) w/ CI IY OF FORT COLWNS MODIFICATIONS (REV 42000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14 16 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby The usurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled a permitted to lapse on account of any such partial use or occupancy ARTICLE 6—CONTRACTOR S RESPONSIIRLUM Supervision andSuperu tendmce 61 CONTRACTOR shall supervise inspect and direct the Work competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents CONTRACTOR shall be solely responsible for the means methods techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible an see that the completed Work complies accurately With the Contract 62 CONTRACTOR shall keep on the Work at all tunes during its progress a competent resident superintendent, who shall not be replaced without written nonce to OWNER and ENGINEER except under extraordinary circumstances The superintendent will be CONTRACTORS representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding m if given to CONTRACTOR Labor MateradsandEquipment 63 CONTRACTOR shall provide competent suitably qualified personnel to survey lay out and construct the Work as required by the Contract Documents CONTRACTOR shall at all tuna maintain good discipline and order at the site Except as otherwise required for the safety a protection of persons or the Work or property at the site or adjacent thereto and except as otherwise indicated in the Contract Documents all Work at the site shall be performed cluing regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday Sunday or any legal holiday without OWNERS written consent given after prior written notice to ENGINEER CONTRACTOR shall submit requests m the ENGINEER no less than 4g hours in advance of any Work to be RMOM ed on Saturday. Sunday, Holidays or outside the Regular Working Hours 11 SECTION 00020 INVITATION TO BID Date November 15, 2007 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 December 6 2007 for the Trolley Brick Restoration Project, BID NO 6075 If delivered, they are to be delivered to 215 North Mason Street 2°a Floor Fort Collins Colorado 80524 If mailed, the mailing address is P 0 Box 580 Fort Collins CO 80522-0580 At said place and time and promptly thereafter all Bids that have been duly received will be publicly opened and read aloud The Contract Documents provide for the construction of Bid 6075 Trolley Brick Restoration Project, This work shall consist of the removal salvage and restoration of the existing brick/concrete roadbed adjacent to the historical trolley tracks on East Mountain Avenue between College Avenue and Peterson Street in the City of Fort Collins The bricks shall be removed and salvaged to the maximum extent feasible The salvaged bricks supplemented by new bricks shall be replaced in the trolley roadbed This work will also include related concrete removal and traffic control This is a Federally Funded project and the UDBE goal is 7% The CDOT Form 347 Certification of EEO Compliance is no longer required to be submitted in the bid package This form certified that the contractor/proposed subcontractors were in compliance with the Joint Reporting Committee EEO-1 form requirements The EEO-1 Report must still be submitted to the Joint Reporting Committee if the contractors and subcontractors meet the eligibility requirements (29CFR 1602 7) we will however no longer require certification For additional information regarding these federal requirements please refer to http //www eeoc gov/stats/jobpat/elinstruct html Forms 606 Anti -Collusion Affidavit and 714 UDBE must be in the bid package and submitted with the contractor s bids Bids will not be accepted if they don t have these forms All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins 215 North Mason St 2nd floor Fort Collins Colorado 80524 Contract Documents will be available November 15 2007 A prebid conference and lob walk with representatives of prospective Bidders will be held at 1 30 pm, on November 29, 2007, at 215 North Mason, conference roon 1B, Fort Collins Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting Rev 10/20/07 Section 00020 Paae 1 64 Unless otherwise specified in the General Requirements CONTRACTOR shall furnish and assume full responsibility for all materials equipment, labor transportation oomtmction equrpmem and machinery tools, appliances, fuel, power light, heat, telephone water sanitary facilities, temporary facilities and all other facilities and merdentals necessary for the f tnushin& performance tesung start up and completion of the Work 641 Purchzsm¢ Restrictions CONTRACTOR must comply with the City s omnchasm¢ restrictions A copy of the resoluhos are available for review in the offices of the Purdnasin¢ and Risk Management Ihvismnor the CnY Clerks office 642 Cement Restrictions City of Fart Collins Resolution 91 121 reonues that suppliers and producers of cement or products co huim cement to certify that the cement was not made in cement lams that bum hazardous waste as a fuel 65 All materials and equipment shall be of good quality and new except as otherwise provided in the Contract Documents All warranties and guarantees Specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment All materials and equipment shall be applied installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier except as otherwise provided in the Contract Documents Progress Schedule. 66 CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2 9 as it may be adjusted from time to time as provided below 661 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in pa h29) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones) Such adjustments will conform generally to the progress Schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto 6 6 2 Proposed adjustments in the progress schedule that will change the Contract Tunes (or Milestones) shall be submitted in accordance with the requirements of paragraph 12 1 Such adjustments may only be made by a Change Order or Witten Amendment in accordance with Article 12 67 Substdutes and Or Equal Items 6 7 1 Whenever an Item of maternal or equipment its specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the specification or description is intended to establish the type function and quality required Unless the specification or description PJCDC OENERAL CONDITIONS 1910-e (1990 Rdtim) 12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 411000) contains or is followed by words reading that no like equivalent or or equal item or no substitution is pemiitted, other items of material or equipment or material o equipment of other Suppliers may be accepted by ENGINEER under the following circumstances 6711 UrEqual If in ENGINEERS sole discretion an item of material or equgmient proposed by CONTRACTOR is furichoally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an oral item in which case review and approval of the proposed item may in ENGINEERS sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items 6712 Subsntuteltens If mENGINEERs sole discretion an item of material or equipment proposed by CONTRACTOR does no qualify as an orequal item under subparagraph 6 7 1 1 it will be considered a proposed substitute item CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed its essentially equivalent to that named and an acceptable substitute therefor The procedure for review by the ENGINEER will include the following as supplemented in the General Requmremeras and as ENGINEER may decide is appropriate under the circumstances Requests for review of proposed substitute items of maternal or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be sunder in substance to that specified and be suited to the same use as that specified The application will state the extent, if any to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTORS achievement of Substantial Completion on time whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty All vanatios of the proposed substitute from that specified will be identified in the application and available maintenance repair and replacement service will be indicated The application will also contain an Itemized estimate of all costs or credits that will result directly or indirectly from acceptance of Such substitute including costs of redesign and claims of other contractors affected by the resulting change all of which will be considered by ENGINEER in evaluating the proposed substitute ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute 6 7 13 CONTRACTOR s Expense All data to be provided by CONTRACTOR in support of any proposed or -equal or substitute item will be at CONTRACTORS expense 672 Substitute Construction Methods or Procedures If a specific means method, technique, sequence a procedure of construction Is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may fumish or utilize a substitute means method, technique sequence or procedure of construction acceptable to ENGINEER CONTRACTOR shall submit suftictent information to allow ENGINEER, in ENGINEERs sole discretion, to detennme that the substitute proposed is equivalent to that expressly called for by the Contract Documents The procedure for review by ENGINEER will be similar to that provided in subparagraph 6 7 12 6 7 3 Engineer's Evaluation ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6 7 12 and 6 7 2 ENGINEER will be the sole judge of acceptability No or-squal or substitute will be ordered, Installed or utilized without ENGINEERS prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing OWNER may require CONTRACTOR to furnish at CONTRACTORS expense a special performance, guarantee a other surely with respect to any orcqueI a substitute ENGINEER will record tune required by ENGINEER and ENGINEERS Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6 7 12 and 6 7 2 and in making changes in the Contract Documents (a in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reanburse OWNER fa the charges of ENGINEER and ENGINEERS Consultants for evaluating each such proposed substitute item 68 Concerning Subcontractors Suppliers and Others 6 8 1 CONTRACTOR shall not employ any Subcontractor Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as Indicated in paragraph 6 8 2) whether initially or as a substitute against whom OWNER or ENGINEER may have reasonable objection CONTRACTOR shall not be required to employ any Subcontractor Supplier or other person or Organization to furnish or put.orrm any of the Work against whom CONTRACTOR has reasonable objection EJCDC GENERAL CONDITIONS 1910 8 (1990 Edrtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 69 CONTRACTOR shall perform not less than 20 percent of the Work with its on faces (that Is, without subcontractma) The 20 percent mowers shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Puce 682 Baldme Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (Including those who are to furnish the pruiclpal items of materials or equipment) to be submitted to OWNER date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEEP,—Ora rf GGNTRn O li__� Otiseef Is OWNERS or ENGINEERS aweptmoe (either in venting or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of nffiku�shffi se. y be ,jai. Offie GQ9R auepamce oy uwNbK a ENGINEER of any such Subcontractor Supplier or other person or organization shall constitute a waiver Of any right of OWNER or ENGINEER to reject defective Work 691 CONTRACTOR shell be fully resperos�ble to OWNER and ENGINEER fa all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct Or Indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTORS own acts and omissions Nothing in the Contract Documents shall create for the benefit of any such Subcontractor Supplier or other person or Organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor Supplier or other person Or organization, nor shall it create any Obligation on the part of OWNER a ENGINEER to Pay or to see to the payment of any moneys due any Such Subcontractor Supplier or other person or organnanon except as may otherwise be required by Laws and Regulations OWNER or ENGINEER may furnish to env subcontracts sutroher or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTORS Arrohcationsfor Payment 13 692 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or fpmishung any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing arty of the Work to communicate with the ENGINEER through CONTRACTOR 610 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR individi g the Work among Subcontractors or Suppler or delineating the Work to be performed by any specific trade 611 All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terns and conditions of the Contract Documents for the benefit of Potent Fees and Royalhes 612 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENWNEER its use is Subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall Indemnify and hold harmless OWNER, ENGINEER, ENGINEERS Consultants and the officers directors employees agents and other consultants of each and any of them from and against all clams costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights mcident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention design, process product or device not speafied in the Contract Documents 14 EJCDC GENERAL CONDITIONS 1910b (1990 Eiham) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permds 613 Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and hoenses, OWNER shall assist CONTRACTOR, when necessary in obtaining such permits and licenses CONTRACTOR shall pay all governmental charges and mspechon fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees 614. Laws andRegulahons 6141 CONTRACTOR shall give all nouces and comply with all Laws and Regulations applicable to furnishing and performance of the Work Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTORS compliance with any Laws or Regulations 6142 If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by arising out of or resulting therefrom however it shall not be CONTRACTORS primary responsibility to make certain that the Speci canons and Drawings are in accordance with Laws and Regulations, but this Shall not relieve CONTRACTOR of CONTRACTORS obligations under paragraph 3 3 2 Taxes 615 CONTRACTOR shall pay all sales, consumer use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which we applicable during the performance of the Work 6 15 1 OWNER is exempt from Colorado State and local sales and use taxes on materials to be rcemmanently inconxirated into the project Said taxes shall not beincluded in the Contract Price Address Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver. Colorado 80261 Sales and Use Taxes for the State of Colorado Regional Trarsoortation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemmlon All anohwble Sales and Use Taxes (micl�__nja State collected taxesl. on any items other than corstruction and budmakings MMcally incorporated into the pwo�ect are to be ti2id by CONTRACTOR and are to be included in aomaxiak bid items Use ofPiemrses 616 CONTRACTOR shall confine construction equipment the storage of materials and equipment and the oopperations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of way permits and easements and shall not unseasonably encumber the premises with construction equipment or other materials or equipment CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas resulting from the performance of the Work Should any clam be made by any such owner or occupant because of the performance of the Work CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding m at law CONTRACTOR shall to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER ENGINEERS Consultant and anyone directly or mdirectly employed by any of them from and against all claims costs losses and damages ansmg out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR s performance of the Work 6 17 During the progress of the Work CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents 618 CONTRACTOR shall not load nor permit any par of any structure to be loaded in any manner that will endanger the structure nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it Record Documents FaCDC GENERAL. CONDI nONs 191o.8 (1990 Ed1um) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 619 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Drrectives, Field Orders and written Interpretations and clarifications (Issued pursuant to paragraph 9 4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference Upon completion of the Weak, and prior to release of final oavmem these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER Safety andProteenon 620 CONTRACTOR shall be responsible for mM1umg, maintaining and supervising all safety precautions and programs in connection with the Work CONTRACTOR shall take all necessary precautions for the safety of� and shall provide the necessary protection to prevent damage injury or loss to 6201 all persons on the Work site orwho may be affected by the Work 6202 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site and 6 20 3 other property at the site or adjacent thereto including trees, shrubs, lawns walllm pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards tot such safety and protection CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them and shall cooperate with them in the protection, removal relocation and replacement of their property All damage injury or loss to any property referred to in paragraphs 6 20 2 or 6 20 3 caused, directly or indirectly in whole or in part, by CONTRACTOR any Subcontractor Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specmficanons or to the acts or omissions of OWNER or ENGINEER or ENGINEERS Consultant or anvone employed by any of them or anyone for whose acts any of them may be liable and not attributable directly or indirectly in whole or in Part, to the fault or negligence of CONTRACTOR or any Subcontractor Supplier or other person or organization directly or indirectly employed by any of them) CONTRACTORS duties and responsibilities for the safety and protection of the Work shall commue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14 13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) 6.21 S5*0 Representative CONTRACTOR shall desigtiete a quahfied and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs Hazard Communication Programs 622 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication Information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations Emergencies 623 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto CONTRACTOR, without special insuuction or authonmtlon from OWNER or ENGINEER is obligated to act to prevent threatened damage mjury or loss CONTRACTOR shall give ENGINEER prompt wnuen nonce if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency a Work Change Directive or Change Order will be Issued to document the consequences of such action- 6 24 Shop Drawings and Samples 6 24 1 CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2 9) All submittals wIll be identified as ENGINEER may require and in the number of copies specified in the General Requirements The data shown on the Shop Drawings will be complete with respect to quantities dimensions specified performance and design criteria materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the mformation for the limited purposes required by paragraph 6 26 6 24 2 CONTRACTOR shall also submR Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals Each Sample will be identified clearly as to material Supplier pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 16 EICDC GENERAL CONDITIONS 19105 (1990 ENtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) purposes required by paragraph 6 26 The numbers of each Sample to be submitted will be as specified in the Specifications 625 Submittal Procedures 6 25 1 Before submitting each Shop Drawing or Sample CONTRACTOR shall have determined and verified 62511 all field measurements, quantities, dunenvons specified performance cntena uatallat' requirements, materials, catalog numbers and similar information with respect thereto 62512 all materials with respect to intended use fabrication, sluppppiing handling storage assembly and Installation pertammg to the performance of the Work and 62513 all Information relative to CONTRACTORS sole respotaibrhnes in respect of means, methods techniques, sequences and procedures of construction and safety precautions and programs incident thereto CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents 6 25 2 Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTORS obligations under the Contract Documents with respect to CONTRACTORS review and approval of that submittal 6 25 3 At the time of each submrsvon, CONTRACTOR shall give ENGINEER specific written notice of such vanatims if any that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written commumWim separate from the submittal and in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each siuh variation 626 ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2 9 ENGINEERS review and approval will be only to determine if the items covered by the submittals will after Installation or incorporation in the Work conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a tunctionmg whole as indicated by the Contract Documents ENGINEERS review and approval will not extend to means methods techniques sequences or procedures of construction (except where a particular means method, technique sequence or proi.edure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto The review and approval of a separate item as such will not Indicate approval of the assembly in which the item functions CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of coriected copies of Shop Drawings and submit as required new Samples for review and approval CONTRACTOR shall direct specific attention in writing to revistam other than the corrections called for by ENGINEER on previous submittals 627 ENGINEERS review and approval of Shop Dmwmgs or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEERS attention to each such variation at the time of submission as required by paragraph 6 25 3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for conrplying with the requirements of paragraph 6 25 1 6 28 Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 29 any related Work performed prior to ENGINEERS review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Conanumg the Work 629 CONTRACTOR shall tarty on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER No Work shall be delayed or postponed pending resolution of any disputes or dlsagreements, except as permitted by paragraph 15 5 a as OWNER and CONTRACTOR may otherwise agree in writing 630 CONTRACTOR s Genaal Warranty and Guarantee 6 30 1 CONTRACTOR warrants and guarantees to OWNER ENGINEER and ENGINEERS Consultants that all Work will be in accordance with the Contract Documents end will not be defective CONTRACTORS warranty and guarantee hereunder excludes defects a damage caused by 63011 abuse, modification or Improper maintenance or operation by persons other than CONTRACTOR- Subcontractors or Suppliers or 6301 2 normal wear and tear under normal usage 6 30 2 CONTRACTORS obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute None of the following will constitute an acceptance of Work that is not in EJCDC(ENRAL CONDITIONS 1910.8 (1990 Edam) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) accordance with the Contract Documents or a release of CONTRACTORS obligation to perform the Work in accordance with the Contract Documents 6 30 2 1 observations by ENGINEER 63022 recommendation of any progress or fmal payment by ENGINEER 63023 the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents 63024 use or occupancy of the Work or any part thereof by OWNER 63025 any acceptance by OWNER or any failure to do so 63026 any review and approval of a Shop Drawing or Sample submittal a the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 1413 63027 any mspection, test or approval by others or 63028 any correction of defective Work by OWNER /nd mizifleanon 631 To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEERS Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all clans, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by ansrng out of or resulting from the performance of the Work provided that any such claim cost, loss or damage (1) is attributable to bodily mlury sickness disease a death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (it) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor any Supplier any person or organization directly or indirectly employed by any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable regardless of whether or not caused m part by any negligence or omission of a person or entity in unified hereunder a whether Lability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity 632 In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents officers directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor any Supplier any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of then may be liable the mdemmficanon obligation under paragraph 631 shall not be hutted in any way by any Imitation on the amount n type of damages, conpeaatron or benefits payable by or for CONTRACTOR or arty such Subcontractor Supplier or other person or organization under workers compensation acts, disability benefit acts or other employee benefit acts 633 The indemnification obligations of CONTRACTOR under paragraph 631 shall not extend to the liability of ENGINEER and ENGINEERS Consultants, Officers directors, employees or agents caused by the professional negligence errors or omissions of any of them Sit val ofONigahons 634 All representations, mdemmfications, warranties and guarantees made m, required by Or given in accordance with the Contract Documents, as well as all contimmig obligations indicated in the Contract Documents, will survwe final payment, completion and acceptance of the Work and termination or completion of the Agreement ARTICLE 7 OTBER WORK Related Work at Site 71 OWNER may perform other work related to the Project at the site by OWNERS own forces, or let other direct contracts therefor which shall contain General Conditions San flar to these or have other work performed by utility owners If the fact that such other work its to be performed was not noted in the Contract Documents, than (1) written nonce thereof will be given to CONTRACTOR Prior to starting any such other work and (u) CONTRACTOR may make a clan therefor as provided in Articles 11 and 12 of CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR a requires additional time and the parties are unable to agree as to the amount or extent thereof 72 CONTRACTOR shall afford each other contractor who Is a party to such a direct contract and each utility owner (and OWNER, If OWNER is performing the additional work with OWNERS employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs Unless otherwise Provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work CONTRACTOR shall not endanger any work of others by cutting excavating or otherwise altering their work and will only cut or alter thew work with the written consent of ENGINEER and the others whose work will be affected The duties and yes bylines of CONTRACTOR under this paragraph are of�e benefit of such utility owners and Other contactors to the extent that there are comparable 18 EJCDCGENERA CONDITIONS 1910-8(1990 E&.) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors 73 If the proper execution or results of any part of CONTRACTORS Work depends upon work perforated by others under thus Article 7 CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsurtable for the proper execution and results of CONTRACTORs Wok CONTRACTORs failure so to report will constitute an acceptance of such other wok as fit and Proper for integration with CONTRACTORS Work except for latent or nonapparent defects and deficiencies in such other work Coorrbnahon 74 If OWNER contracts with others for the performance of other work on the Project at the site the following will be set forth in Supplementary Conditions 741 the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified 742 the specific matters to be covered by such authority and responsibility will be itemized and 743 the extent of such authority and responsibnbnes will be provided Unless otherwise provided in the Supplementary Conditions OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE ti OWNERS RESPONSIMLITIES 8 1 Except as otherwise provided in these Geneml Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER 82 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whose status under the Contract Documents shall be that of the former ENGINEER 83 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14 4 and 14 13 84 OWNERs duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4 1 and 4 4 Paragraph 4 2 refers to OWNER s identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents _ 86 OWNER is obligated to execute Change Orders as indicated in paragraph 10 4 87 OWNERs responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13 4 88 In connection with OWNERS right to stop Work or suspend Work, we paragraphs 13 10 and 15 1 Paragraph152 deals with OWNERS right to terminate Services of CONTRACTOR under certain circumstances 89 The OWNER shall not supervise direct or have control or authority over nor be responsible for CONTRACTORS means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work OWNER will not be responsible for CONTRACTORS failure to perform or furnish the Work in accordance with the Contract Documents ARTICLE 9—ENGINEER S STATUS DURING CONSTRUCTION OIFNER s Representarve 91 ENGINEER will be OWNERS representative during the construction period The dunes and responsibilities and the limitations of authority of ENGINEER as OWNERS representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Visits to &te 92 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC (FNERAL CONDITIONS I910 R (1990 E&IM) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) that has been made and the quahty of the various aspects of CONTRACTORS executed Work Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine in general if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on. site inspections to check the quality or quantity of the Work ENGINEERS efforts will be directed toward Providing fix OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents On the basis of such visits and on site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work ENGINEERS visits and on -site observations are subject to all the Initiations on ENGINEERS authority and responsibility set forth in paragraph 9 13 and particularly but without Initiation, awn or as a result of ENGINEERs on site visits or observations of CONTRACTORS Work ENGINEER will not supervise direct, control a have authority over or be responsible for CONTRACTOR, 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 Protect Representative 93 If OWNER and ENGINEER agree ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work The resporabilines and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs93 and 913 ^nclis the Canditiens of these General Conditions Iit OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEERS Consultant agent or employee the responsibilities and authority and limitations thereon of Such other person will be as Provided in the SuPplanentain, Garmlittens oamaranh 9 3 931 The Representatives deahTs in matters peltaininn to the onsite work will m ceneml be wdh the ENGINEER and CONTRACTOR But,the Representative will keep the OWNER properly advised about such matters The Remesentanves dealm¢s with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR 932 Duties and Responsibilities Representative will 9321 Schedules Review the progress 19 schedule and other schedules mevared by the CONTRACTOR and consult with the ENGINEER corionti rig acceptability 9 3 2 2 Conferences and Meeting Attend meeting with the CONTRACTOR such es econstruction conferences ms me and other sob conferences ap prepare and arculate copses of minutes of meetings 9 3 2 3 Liaison 9 3 2 3 1 Serve as ENGINEERS list with CONTRACTOR work m m=ipallv though CONTRACTORS mMixtendent to assist the CONTRACTOR in understandnm the ContractDoctInents 9 3 2 3 2 Assist in obtain= from OWNER additional details or mfomratiop when required for mocer execution of the Work 93233 Advise the ENGINEER and CONTRACTOR of the commencement of airy Work requiring a 4hnp Drawuig or sample submission if the submission has not lien aomoved by the ENGINEER 9 3 2 4 Review of Work. Retection of Defective Work Inspections and Tests 9 3 2 4 1 Conduct on site observations of the Work m ess to assist the ENGINEER in detemwnng t the Work is moceedpo in accordance with the Contract Docmnents 9 3 2 4 3 Accomwny vis�ectors represent pubhc m other agencies having lunsdicuon over the Project record the results of these lnscecuons and report to the ENGINEER 9 3 2 5 Interpretation of Contract Documents Report to ENGINEER when clantications and paermetations of the Contmct Documents are needed and transmit to CONTRACTOR clarification and interpmtation of the Contract Documents as issued by the ENGINEER 9326 Modifications Consider and evaluate CONTRACTORS suggestions for 20 EICDC GENERAL CONDi TIONS 1910-a(1990 Edibm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) modification in Drawings or Smcnfrcetiors and report these recommendations to ENGINEER Accurately bansntt to CONTRACTOR decvwons issued by the ENGINEER 9 3 2 7 Records 9 3 2 8 Reports 9 3 2 8 1 Furnish ENGINEER periodic reportj% as required of the progress of the Work end of the CONTRACTORS comnhance with the progress schedule and schedule of shop Drawing and sample submittals 9 3 2 8 2 Consult with ENGINEER m advance of scheduling maim tcs s uMecuons or start of important phases of the Work 9 3 2 8 3 Draft proposed Change Orders and Work Directive Changes, obtainin backup material from the CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes and field orders 932 84 Report immediately to ENGINEER and OWNER the occurrence of any accident 9329 Payment Requests Review applications fin ymem with CONTRACTOR for comphance with the established mocedure for their submission and forward with recommendation to ENGINEER noting parttcularI the relatioristuo of the ravment requested to the schedule of values Work compleed and materials and eqm era delivered at the site but not mcomorated mTthe Work 9 3 2.10 Completion 932101 Befon ENGINEER Issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items re unmg correction or completion 932102 Conduct final inspection in the company of the ENGINES OWNER and CONTRACTOR and oreoere a fire] list of items to be corrected or completed 932103 Observe that all items on the final lest have been corrected or completed and make ncommeodations to ENGINEER concett»ng acceptance 9 3 3 Limitation of Authority The Representative shall not 9 3 3 1 Authorize am deviations from the Contract Documents or accept any substitute materials or egmnment unless autl+Anud by the ENGINEER 9 3 3 2 Exceed lanitations of ENGINEERS auihonty as set forth in the Contract Documents 9 3 3 3 Undertake any of the responsibilities of the CONTRACTOR. Subcontractors or CONTRACTOR S superintendent 9334 Advise on or issue directions relative to, or assume control over any aspect of the means, methods. mchmgues sequences or procedures for construction unless such is smifrcally called for in the Contract Documents 9335 Advise on or issue directions regarding or assume control over safes precautions and programs in connections with the Work Q 3 3 6 Accept Shop Drawings or sample submittals from anyone other than the I'ONIR UI OR 9337 Authonze OWNER to occupy the Work in whole or in part 9 3 3 8 Pelncipate in specialized field or laboratory tests or inspections conducted by others extent as specifically authonzed by the ENGINEER Clanfrcanons and Interpretations 94 ENGINEER will issue with reasonable promptness such written clanficatlons or interpretations of the EJCDC GENERAL CONDITIONS i910-s (1990I dinar) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) requmemems of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary which shall be consistent with the intent of and reasonably inferable from the Contract Documents Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNIIt or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract price or the Contract Times and the parties are unable to agree to the Mount or extent thereof if any OWNER or CONTRACTOR may make a written clam therefor as provided in Article 11 or Article 12 Authorized Vanationsin Work 95 ENGINEER may authorize manor variations in the Work from the requirements of the Contract Documents which do not involve an a ustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents These maybe accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work urvolved promptly If OWNER or CONTRACTOR beheves that a Field Orderjustifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12 Rejecting DefeJdrve Work. 96 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13 9 whether or not the Work Is fabricated, installed or completed Shop Draivwgs Change Orders and Payments 97 In connection with ENGINEERs authority as to Shop Drawings and Samples we paragraphs 6 24 through 6 28 inclusive 98 In connection with ENGINEERS authority as to Change Orders we Articles 10 11 and 12 99 In connection with ENGINEERs authority as to Applications for Payment we Article 14 Determinations for Unit Prices 910 ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEERS preliminary determmatnons on such matters before rendering a written decision thereon (by recommendation of an Application 21 The Contract Documents and Construction Drawings may be examined online at 1 City of Fort Collins BuySpeed https //secure2 fcgov com/bso/login jsp 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 Q By 0" W- 4J es B 0 Neill II CPPO FNIGP u chasing & Risk Management Director Rev 10/20/07 Section 00020 Page 2 for Paymentor otherwise) ENGINEERS written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEERS decision and. (I) an appeal from ENGINEERS decisum is taken within the time limits and in accordance with the procedures set forth in Exhibit GC A, Dispute Resolution Agreement entered unto between OWNER and CONTRACTOR pursuant to Article 16 or (it) of no such Dispute Resolution Agreement has been entered into a formal proceeding is Instituted by the appealing party in a forum of competent jurisdiction to exercise Such rights or remedies as the appealing party may have with respect to ENGINEERS decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 911 Decisions on &"tes 911 ENGINEER will be the Initial interpreter of the requnemenm of the Contract Documents and judge of the acceptability of the Work thereunder Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Tunes will be refined initially to ENGINEER in writing with a request for a formal decision in accordance with tins paragraph Written notice of each such claim dispute or other matter will be delivered by the claumem to ENGINEER and the other party to the Agreement promptly (but in no event later then ihuty days) after the start of the occurrence or event giving rise thereto and written supporting data will be submitted to ENGINEER and the other party within so* days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim dispute or other matter The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimants last submittal (unless ENGINEER allows additional time) ENGINEER will render a formal decision in writing within flinty days after receipt of the opposing party s submittal if any in accordance with this paragraph ENGINEERS written decision on such claim dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless (I) an appeal from ENGINEERS decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GGA, Dispute Resolution Agreement entered into between OWNER and CONTRACTOR pursuant to Article 16 or (u) of no such Dispute Resolution Agreement has been entered into a written notice of intention to appeal from ENGINEERS written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within dirty days after the date of such decision and a formal Proceeding Is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 22 EICDCGENERAL CONDITIONS 19I0A(1990 Ednm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) decision, unless otherwise agreed in venting by OWNER and CONTRACTOR 912 When functioning as interpreter and judge under paragraphs 9 10 and 911 ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity The rendering of a decision by ENGINEER pursuant to paragraphs 910 or 9 11 with respect to any such claim dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14 15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim dispute or other matter-puEsamnaAine(a--lg 913 Lmdanons on ENGINEER's Authority and Responsibilities 9 13 1 Neither ENGINEERS authority or responsibility under tins Article 9 or undo any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking exercise or performance of any authority or responsibility by ENGINEER shall cents, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor any Supplier any other person or organization, or to any surety for or employee or agent of any of then 9 13 2 INGINEER will not supervise direct, control or have authority over or be responsible for CONTRACTORS means, methods techniques, sequences or procedures of construction, or the safety Precautions and programs Incident thereto or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work ENGINEER will not be responsible for CONTRACTORs failure to perform or famish the Work in accordance with the Contract Documents 9 13 3 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of wry Subcontractor any Supplier or of any other person or organization performing or furnishing any of the Work 9134 ENGINEER s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules guarantees, Bonds and certificates of Inspection, tests and approvals and other documentation required to be delivered by paragraph 1412 will only be to determine generally that their content complies with the requirements of and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance wnth, the Contract Documents 9 13 5 The limitations upon authority and responsibility set forth in this paragraph 9 13 shall also apply to ENGINEERS Consultants, Resident Project Representative and assistants ARTICLE 10—CHANGES IN THE WORK 101 Without invalldatmg the Agreement and without notice to any surety OWNER may at any time or from time to tune, order additmns deletions or revisions in the Work Such additions, deletions a revisions will be authorized by a Written Amaidrient, a Change Order Or a Work Change Directive Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided) 102 If OWNER and CONTRACTOR are unable to agree as to the extent, if any of an adjustment in the Contract Price Or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive a claim may be made therefor as provided in Article 11 or Article 12 10 3 CONTRACTOR shall not be entitled to an increase in the Contract Price a an extension of the Contact Tunes with respect to any Work performed that is not requued by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3 5 stun 3 6 except in the case of an emergency as provided in paragraph 6 23 or in the case of uncovering Work m provided in paragraph 13 9 104 OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering 1041 changes in the Work which are (1) Ordered by OWNER pursuant to paragraph 10 1 (m) required because of acceptance of defective Work under paragraph 13 13 a correcting defedrve Work under paragraph 13 14 Or (m) agreed to by the parties 1042 changes in the Contract Price a Contract Times which are agreed to by the parties and 1043 changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraPh 9 11 provided that, in lieu of executing any such Change Order an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal CONTRACTOR shall car on the Work and ule adhere to the progress schedas proi ided in paragraph 6 29 10 5 If notice of any change affecting the general scope Of the X%ork Or the provisions of the Contract Documents E1CDC GENERAL CONDITIONS 1910.9 (1990 Edihm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) (including but not limited to Contract Price Or Contract Times) its required by the provisions of any Bond to be given to a surety the giva� of any such notice will be CONTRACTORS responsibility and the amount of each applicable Bond will be adjusted accordingly ARTICLE 11—CHANGE OF CONTRACT PRICE 111 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work All dukes, responsibilities and obbgattora assigned to or undertaken by CONTRACTOR shall be at CONTRACTORS expense without change in the Contract Price 112 The Contract Price may only be changed by a Change Order Or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the clam to the other party and to ENGINEER promptly (but in no event hater than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim Notice of the amount of the clam with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional a more accurate data in support of the claim) and shall be accompanied by claimants written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All clams for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 911 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 112 113 The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows I 1 3 1 where the Work involved is covered by unit prices contained in the Contact Documents by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 119 1 through 119 3 inclusive) I1 32 where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessanly in accordance with paragraph 116 2) 113 3 where the Work involved is not covered by unit prices contained in the Corinact Documents and agreement to a lump sum is not reached under paragraph 113 2 on the basis of the Cost of the Work (determined as provided in paragraphs 114 and 11 5) plus a CONTRACTORS fee for overhead and profit (determined as provided in paragraph I 1 6) Cost of the Work 114 The tens Cost of the Work means the sum of all costs necessarily mounted and pmd by CONTRACTOR in the proper performance of the Work Except as otherwise may be agreed to in writing by OWNER, such casts shall be in amounts no higher than those prevailing in the locahty of the Project, shall Include only the following items and shall not include any of the costs itemized in paragraph 115 1141 Paroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR Such employees shall include without lunitation superintendents, foremen and other personnel employed full time at the site Payroll costs for employees no employed full time on the Work shall be apportioned on the basis of their time spent on the Wok Payroll costs shall txskuds,butnet be limited to - salaries and wages plus the cost of fringe benefits which shall include Social security contnbutions, unemployment, excise and payroll taxes, workers conperisation, health and-reurema benefits, applicable thereto The expenses of performing Work after regular working hours, on Saturday Sunday or legal holidays, shall be Included in the above to the extent authorized by OWNER 11 42 Cost of all materials and equipment furnished and meorpomted in the Work including costs of transportation and storage thereof and Suppliers field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments in which case the cash discounts shall accrue to OWNER All trade discounts rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained 1143 Payments made by CONTRACTOR to the Subcontractors for Work performed or f i mshed by Subcontractors If required by OWNER, 24 EICDC GENERAL CONDITIONS 19103 (1990 Edmm) w/ CIT7 OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER, which bids, if any will be accepted If any Subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee the Suboontrectcds Cost of the Work and fee shall be determined in the Same manner as CONTRACTORs Cost of the Work and fee as provided in paragraphs 114 115 116 and 117 AN subcontracts shall be subject to the other provisions of the Contract Documents vnofar as applicable 1144 Costs of special consultants (including but not limited to engineers architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work 1145 Supplemental costs Including the following 11451 The proportion of necessary transportation, travel and Subsistence expenses of CONTRACTORS employees Incurred in discharge of duties connected with the Work 11452 Cost, including transportation and maintenarnce of all materials, supplies, equipment, machmery appliances, office and temporary facilmes at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11 4 5 3 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR o others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading unloading installation, dismantling and removal thereof —all in accordance with temps of said rental agreements The rental of any Such equipment machinery or pans shall cease when the use thereof is no longer nnecessary, for the Work 11454 Sales, consumer use or smiler taxes related to the Wok, and for which CONTRACTOR Is liable, Imposed by Laws and Regulations 11455 Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable and royalty payments and fees for permits and licenses 11456 Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in aceordarrce with paragraph 5 9) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor a anyone directly or indirectly employed by any of them or for whose acts any of them may be liable Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of deterin CONTRACTORS fee If however any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof CONTRACTOR shall be paid for services a fee proportionate to that stated m pamgmph 1162 11457 The cost of utilities, fuel and samtary, facilities at the site 11458 Mmor expenses such as telegrams long distance telephone calls, telephone service at the site expressage and similar petty cash items in connection with the Work 11459 Cost of premiums for additional Bonds and insurance required because of changes in the Wink 115 The term Cost of the Work shall not include any of the following 1151 Payroll costs and other compensation of CONTRACTORS officers, executives, pnnapahs (of partnership and sole proprietorships) general managers, engineers arclutects, estimators, wmmeys, auditors, accountants, purchasing and contracting agents, expediters timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTORS principal or a branch office for general administration of the Work and not specifically mcluded in the agreed upon schedule of job classifications referred to in paragraph 11 4 1 or specifically covered by paragraph 114 4—all of which are to be considered administrative costs covered by the CONTRACTORsfee 1152 Expenses of CONTRACTORS principal and branch offices other than CONTRACTOR s office at the site 1153 Any part of CONTRACTORS capital expenses, including interest on CONTRACTORS capital employed for the Work and charges against CONTRACTOR for delinquent payments 11 5 4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and manitain the same (except for the cost of premiums covered by subparagraph 11 4 5 9 above) EJCDC UENERAL CONDITIONS 191M (1990 Edhnm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 1155 Costs due to the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by my of them or for whose acts any of them may be liable including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied and makag good any damage to property 115 6 Other overhead a general expense costs of arty kind and the costs of any item not spemfically and expressly included in paragraph 114 116 The CONTRACTORs fee allowed to CONTRACTOR for overhead and profit shall be determined as follows 116 1 a mutually acceptable fixed fee or 116 2 if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work 11621 for costs incurred under paragraphs 114 1 and 1142 the CONTRACTORs fee shall be fifteen percent, 11622 for costs incurred under Paragraph 114 3 the CONTRACTORS fee shall be five percent 11623 where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no Fixed fee is agreed upon, the intent of paragraphs 114 1 114 2 114 3 and 1162 is that the Subcontractor who actually performs or furnishes the Work at whatever tier will be paid a fee of fifteen percent of the costs mcuried by such Subcontractor under paragraphs 114 1 and 11 4 2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fas _a five p.F.wt of the ,,eurA aid to amen to be negotiated in good faith with the OWNER but not to exceed five Percent of the amount paid to the next lower tier Subcontractor 11624 no fee shall be payable on the basis of costs itemized under paragraphs 114 4 114 5 and 1 1 5 11625 the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTORs fee by an amount equal to five percent of such net decrease and 11626 when both additions and credits are involved m any one change the adjustment in CONTRACTORS tee shall be computed on the basis of the net change in accordance with paragraphs 116 2 1 through 116 2 5 inclusive 117 Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 114 and 115 CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an Rem razed cost breakdown together with supporting data Cask AUmvances 118 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shell cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that 1181 the allowances include the cost to CONTRACTOR (less arty applicable trade discounts) of materials and egwpmem required by the allowances to be delivered at the site, and all applicable taxes and 1182 CONTRACTORS costs for unloading and handling on the site labor installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment, an appropriate Change Order will be Issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted 119 Unit Pi ice Work I1 91 Where the Contract Documents provide that all Or part of the Work a to be Unit Price Work, initially the Contract price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately Identified Item of Unit Price Work tunes the estimated quantity of each item as indicated in the Agreement The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of companson of Bids and determming an Initial Contract Price Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9 10 11 92 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate m cover CONTRACTORS overhead and profit for each separately identified item 1193 OWNER or CONTRACTOR may make a clams for an adjustment in the Contract Price in accordance with Article I if I 1 9 3 1 the quantity of any item of Unit Price Work performed by CONTRACTOR differ materially and significantly from the estimated quantity of such item indicated in the Agreement 26 EJCDC GENERAL CONDITIONS 1910.8(19902nOm) W CITY OF FORT COLLINS MODIFICATIONS (REV 42000) and 11932 there is no corresponding adjustment with respect to any other item of Work and 11933 if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties we unable to agree as to the amount of arty such increase or decrease 11934 CONTRACTOR acknowledges that the OWNER has the npht to add a delete items in the Bid or change %mirtities at OWNERS sole eiisoretion without affecting the Contract Price of RATa rem item so I as the deletionor does not exceed twenty five percent of the Mgmal total Contract Price ARTICLE 12 CHANGE OF CONTRACT TIMES 121 The Contract Times (or Milestones) may only be changed by a Change Order or a Wriam Amendment Any clams for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the clan to the other party and to ENGINEER promptly (but in no event later than thuty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim Nonce of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the clan) and shall be accompanied by the clamiants written statement that the adjustment claimed is the entire adjustment to which the clamant has reason to believe it Is entitled as a result of the occurrence of mid event All claims for adjustment m the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 911 if OWNER and CONTRACTOR cannot otherwise agree No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12 1 122 All time limits stated in the Contract Documents are of the essence of the Agreement 123 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR the Contract Tunes (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12 1 Delays beyond the control of CONTRACTOR shall include but not be limited to acts or neglect by OWNER acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7 Eger floods, epidemics abnormal weather wnditions or acts of God Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 124 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Ivfilestoiies) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTORS sole and exclusive remedy for Such delay In no event Shall OWNER be liable to CONTRACTOR, any Subcontractor any Supplier any other person or organization, a to any suthe rely for or employee or agent of any of m for damages ansing out of or resulting from (t) delays caused by or within the control of the CONTRACTOR, or (u) delays beyond the control of both parties including, but not Immted to fires, floods, epidemics, abnormal weather conditions, acts of God a acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 ARTICLE 13 TESTS AND INSPECTIONS CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 131 Notice of Defects Prompt nonce of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACT OR All defective Work may be rejected corrected a accepted as provided in this Article 13 Access to Work 132 OWNER, ENGINEER, ENGINEERs Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasenablesnnm for then observation, inspecting and testing CONTRACTOR shall provide than proper and safe conditions for such access and advise than of CONTRACTORS site Safety procedures and programs So that they may comply therewith as applicable Tests andlnspecnons 133 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required Inspections or tests 134 OWNER shall employ and pay for the services of an independent testing laboratory to perform all mspectons tests or approvals required by the Contract Documents except 1341 for inspections, tests or approvals covered by paragraph 13 5 below 1342 that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 9 EJCDC UENERAL COMMONS 1910.8 (1990 EAtim) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) below shall be paid as provided in said paragraph 13 9 and 1343 as othemse specifically provided in the Contract Documents 135 If Laws or Regulations of any ppubhc body having jurisdiction require any Work (or part diawl) specifically to be inspected, tested or approved by an employee or other representative of such public body CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections: tests or approvals, pay all costs in connection therewith, and famish ENGINEER the required certificates of inspection, or approval CONTRACTOR shall also be respirable for arranging and obtaining and shall pay all costs in connection with any inspections, tests a approvals required for OWNERS and ENGINEERS acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs, or equipment Submitted for approval prior to CONTRACTORS purchase thereof for incorporation in the Work 136 If any Work (or the work of others) that is to be inspected, tested or approved IS covered CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observatiori. 137 Uncovering Work as provided in paragraph 13 6 Shall be at CONTRACTORS expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTORS intention to cover the Same and ENGINEER has not acted with reasonable promptness in response to Such notice Uncovering Work 138 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEERS observation and replaced at CONTRACTORS expense 139 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected a tested by others, CONTRACTOR, at ENGINEER s request, shall uncover expose or otherwise make available for observation, inspection or testing as ENGINEER may require that portion of the Work in question, furnishing all necessary labor material and equipment If it is found that Such Work is daf enve CONTRACTOR shall pay all claims, costs, losses and damages caused by arising out of or resulting from such uncovering, exposure observation, inspection and testing and of Satisfactory replacement a reconstruction (including but not limited to all costs of repair or replacement of work of others) and OWNER shall be entitled to an appropriate decrease in the Contract Price and, of the parties are unable to agree as to the amount thereof may make a claim therefor as provided in Article 11 If however such Work is not found to be defective CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones) or both, directly attributable to Such 27 uncovering exposure observation, inspection, testing replacement and reconstruction rod, of the parties we unable to agree as to the amount a extent thereof CONTRACTOR may make a clans therefor m provided in Articles 1 I and 12 OWNER May Stop the Work 1310 If the Work is defective or CONTRACTOR falls to supply sufficient skilled workers or suitable materials or equipment, or fails to fumish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work or any portion thereof until the cause for such order has been eliminated however this right of OWNER to stop the Work shall not give nse to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party Correction or Removal ofDefachve Work. 13 11 If required by ENGINEER CONTRACTOR shall promptly as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the Work has been rejected by ENGINEER remove it from the site and replace it with Work that is not defective CONTRACTOR shall pay all clamns, costs, losses and damages caused by or resulting from Such correction or removal (includmg but not limited to all costs of repair or replacement of work of others) 1312 Correction Pend. 13 12 1 If within one-year two vears after the date of Substantial Completion m 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 arty specific provision of the Contract Documenas, any Weak is found to be defective CONTRACTOR shall promptly without cost to OWNER and in accordance with OWNERS written irlstnicttom (1) correct Such defective Work, or if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective and (it) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not Witted to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13 12 2 In special circumstances where a particular item of equipment is placed in continuous Service before Substantial Completion of all the Work, the correction period for that item may start to inn from an earlier date if so provided in the Specifications or by Written Amendment 13 12 3 Where defective Work (and damage to other 28 EJCDC GENERAL CONDITIONS 1910-8 (1990 MUM) W1 CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Work resulting therefrom) has been corrected removed or replaced under this paragraph 13 12 the correction period hereunder with respect to such Work will be extended for an addinonal period of ene yem two Years after such correction or removal and replacement has been sansfactonly completed Acceptance of Defective Work 13 13 If mead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEERS recommendation of final payment, also ENGINEER) prefers to accept it OWNER may do so CONTRACTOR shall pay all clauns, costs, losses and damages attributable to OWNERS evaluation of and detemtmation to accept such defechve Work (Such costs to be approved by ENGINEER as to reasonableness) If any such acceptance occurs prior to ENGINEERS recommendation of final payment, a Change Order w fl be Issued incorporating the necessary revistom m the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof OWNER may make a clams therefor as provided in Article I If the acceptance occurs after Such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER OWNER May CorrectDefechve Work 1314 If CONTRACTOR fails within a reasonable time after written nonce from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13 11 or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may after seven days written notice to CONTRACTOR correct and remedy any such deficiency In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTORS services related thereto take possession of CONTRACTORS tools, appliances, construction equipment and machinery at the site and mcorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but winch are stored elsewhere (,ONTRA('IOR shall allow OWNER, OWNERS represerm eves, agents and employees, OWNERS other contractors and ENGINEER and ENGINEERS Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All clans, costs, lasses and damages incurred or sustained by OWNER in exercising Such rights and remedies will be charged against CONTRACTOR and a Change Ordei will be Issued mcorpomting the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof OWNER may make a claim therefor as provided in Article 11 Such claims costs losses and damages will Include but not be limited to all costs of repair a replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTORS defective Work CONTRACTOR diall not be allowed an extension of the Contract Tames (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNERS rights and remedies hereunder ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values 141 The schedule of values established as provided in Paragraph 2 9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER Progress payments on account of Unit price Work will be based on the number of units completed Apphcatmn for ProgressPnymant 142 At least twenty days before the date established for each progress payment (but not more often than once a month) CONTRACTOR dull submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as Is required by the Contract Documents If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing the Application for Payment shall also be accompanied by a bill of sale invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property Insurance and other arrangemems to protect OWNERS interest therein, all of which will be satisfactory to OWNER The amount of retamage with respect to progress payments will be as stipulated in the Agreement Any funds that am withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or anv srmneements mvolvin_ an escrow or custodianduo By executing the atrohcation for payment form the CONTRACTOR essly waives his rmht to the benefits of Colorado Revised StatutesSection 24 91 101 et sea CONTRACTOR s Warranty of Title 143 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens Renew ofApphcahons for Progress Payment 14 4 ENGINEER will within ten days after receipt of each Application for Payment either indicate in writing a ECDC bENERA CONDITIONS 1910 9(1990 Edmm) w/ CITY OF FORT COUINS MODIFICATIONS (REV 412000) recommendation of payment and present the Application to OWNER a return the Application to CONTRACTOR mcbmttrlg in writing ENGINEER s reasons for refusing to recommend payment In the latter case CONTRACTOR may make the necessary corrections and resubmit the Application Ten days after presentation of the Apphcafion for Payment to OWNER with ENGINEERS recommendation, the amount recommended will (subject to the Provisions of the last sentence of paragraph 147) become due and when due will be paid by OWNER to CONTRACTOR 145 ENGINEERS recommendation of any payment requested in an Application for Payment will corls[Itute a representation by ENGINEER to OWNER, based on ENGINEERS on site observations of the executed Work as an experienced and qualified design professional and on ENGINEERS review of the Apphcatnon for Payment and the accompanying data and schhedules, that to the best of ENGINEER s knowledge information and belief 14 5 1 the Work has progressed to the point indicated 14 5 2 the quality of the Work Is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole Pnor to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quanfitim and classlfnoatmois for Unit Price Work under Paragraph 9 10 and to any other qualifications stated in the recommendation) and 14 5 3 the conditions precedent to CONTRACTORS being entitled to such payment appear to have been fulfilled insofar as it Is ENGINEER s responsibility to observe the Work However by recommending any such payment ENGINEER will not thereby be deemed to have represented that (I) exhaustive or continuous on -sae inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (n) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 146 ENCrINFERs recommendation of any payment including final payment, shall not mean that ENGINEER is responsible for CONTRACTORS means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs mcident thereto a for arty failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or Performance of Work or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents 147 ENGINEER may refuse to recommend the whole or any part of any payment If in ENGINEERs opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14 5 ENGINEER may also refuse to recommend any such payment or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent aS may be necessary in ENGINEERS opinion to protect OWNER from loss because 14 7 1 the Work is defective or completed Work has been damaged requiring correction or replacement 1472 the Contract Price has been reduced by Written Amendment or Change Order 1473 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13 14 or 14 7 4 ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15 2 1 through 15 2 4 inclusive OWNER may refuse to make payment of the full amount recommended by ENGINEER because 1475 clams have been made against OWNER on account of CONTRACTORS performance or furnishing of the Work, 14 7 6 Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14 7 7 there are other Items entitling OWNER to a sa off against the amount recommended, or 1478 OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14 71 through 14 7 3 or paragraphs 15 2 1 through 15 2 4 Inclusive but OWNER must give CONTRACTOR Immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNERS satisfaction the reasons for such action Substanhd Completion 148 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as uncomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter OWNER CONTRACTOR and ENGINEER shall make an uispection of the Work to determine the status of completion If ENGINEER does not consider the Work substantially complete ENGINEER will notify CONTRACTOR in writing giving the reasons therefor If ENGINEER 30 FJCDC GENERAL CONDITIONS 19104 (1990 Edium) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) considers the Work substantially complete ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list, of items to be completed or corrmted before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list If after considering such objections, ENGINEER concludes that the Work is net substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor If after consideration of OWNERS objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER behaves justified after cormderation of any objections from OWNER At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security operation, safety maintenance heat, utilities, insurance and warranties and guarantees Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER s nssmng the definitive certificate of Substantial Completion, ENGINEEWs aforesaid recommendation will be binding on OWNER and CONTRACTOR until firml payment 149 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Parted Uhhzation 1410 Use by OWNER at OWNERS option of any substantially completed part of the Work, which (I) has specifically been identified in the Contract Documents, or (u) OWNER ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTORS perfannance of the remainder of the Work may be accomplished prim to Substantial Completion of all the Work subject to the following 14 10 1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete If CONTRACTOR agrees that such part of the Work Is substantially complete CONTRACTOR will certify to OWNER and ENGINEER that Such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such pert of the Work ready for its intended use and substantially complete and request ENGINEER to Issue a certificate of Substantial Completion for that Part of the Work Within a reasonable time otter either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Wok to be substantially complete ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor If ENGINEER considers that part of the Work to be substantially complete the provisions of paragraphs 14 8 and 14 9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto 14 10 2 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5 15 in respect of property insurance Frnallnspechon 1411 Upon written notice from CONTRACTOR that the entae Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective CONTRACTOR shall Immediately take such measures as are necessary to complete such work or remedy such deficiencies final Application jar Payment 1412 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions schedules guarantees Bonds, certificates or other evidence of insurance required by paragraph 5 4 certificates of inspection, marked up record documents (as provided in paragraph 619) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments The final Apphmtion for Payment shall be accompanied (except as previously delivered) by (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5 4 13 (a) consent of the surety if any to final payment and (III) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in correction with the Work In lieu of such releases or waivers of Liens and as approved by OWNER CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that (I) the releases and receipts include all labor services material and equipment tor which a Lien could be tiled, and (I) all payrolls, material and equipment bills, and other Indebtedness connected with the Work for which OWNER or OWNERS properly might many way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails AJCDC GENERAL CONDITIONS 1910.8 (1990 Edjnm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against MY Lien Releases or waivers of liens and the consent of the surety to finalize payment me to be submitted on forms conforming to the format of the OWNER S standard Corms bound in the protect manual Final Payment and Acceptance 1413 If on the basis of ENGINE.ERs observation of the Work during construction and final inspection, and ENGINEERS review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER Is satisfied that the Work has been completed and CONTRACTORS other obligations under the Contract Documents have been fulfilled, ENGINEER will within ten days after receipt of the final Application for Payment, indicate in writing ENGINEERS recommendation of payment and }resent the Application to OWNER for payment At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Wok is acceptable subject to the provisions of paragraph 14 15 Otherwise ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEERS recommendation and notice of acceptability the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 1762 of these General Conditions 1414 If through no fault of CONTRACTOR, final completion of the Work is Significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTORs final Application tor Payment and recommendation of ENGINEER and without terminating the Agreement, make payment of the dance due for that portion of the Work fully completed and accepted If the remeining balance to be held by OWNER for Wok not filly completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been f irmshed as required in paragraph 5 1 the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final payment except that it shall not constitute a waiver of claims Wmver of Claims 1415 The making and acceptance of final payment will constitute 14 15 1 a waiver of all claims by OWNER against CONTRACTOR, except clams arising from unsettled Liens from defective Work appearing after 01 SECTION 00100 INSTRUCTIONS TO BIDDERS final mspectim pursuant to paragraph 14 11 from failure to comply with the Contract Documents or the terms of arty special guarantees specified therein, or from CONTRACTORS contmumg obligations under the Contract Documents and 14 15 2 A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled ARTICLE 15- SUSPENSION OF WORK AND TERMINATION OWiVER May Suspend Work 151 At any time and without cause OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed CONTRACTOR shall resume the Work an the date so feed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Tunes or both, directly attributable to any such suspension of CONTRACTOR makes an approved clan therefor as provided in Articles 11 and 12 OWNER May Terminate 152 Upon the occurrence of any one or more of the following events 1521 tf CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragmph29 as adjusted from time to tune pursuant to paragmph 6 6) 1522 if CONTRACTOR disregards Laws or Regulations of any public body havingjurisdiction, 1523 If CONTRACTOR disregards the authority of ENGINEER or 15 2 4 if CONTRAC TOR otherwise violates in any substantial way any provisions of the Contract Documents OWNER may after giving CONTRACTOR (and the surety it any) seten days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTORS tools appliances construction equipment and machinery at the site and use the same to the full extent thev could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion) incorporate in the Work all materials and equipment steed at the site or for which OWNER has paid ETCDC GENERAL CONDITIONS 191M (1990 F bum) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/3000) CONTRACTOR but which are stored elsewhere and finish the Work m OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any father payment until the Work is finished If the unpaid balance of the Contract Price exceeds all clans, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such clams costs, losses and damages exceed such unpaid balance CONTRACTOR shalt pay the difference to OWNER Such claims, costs lessee and damages incurred by OWNER will be reviewed by ENGINEER as to thew reasonableness and when so approved by ENGINEER mcorpormad in a Change Order provided that when exercising any rights or remedies under tins paragraph OWNER shall not be required to obtain the lowest price for the Work performed 153 Where CONTRACTORS services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability 154 Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may without cause and without prejudice to any other right or remedy of OWNER, elect to temimme the Agreement In such case CONTRACTOR shall be paid (without duplication of any items) 15 4 1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work 15 4 2 for expenses sustained prior to the effective date of tenninmton in performing services and furnishing labor materials or equipment as required by the Contract Documents in connection with uncompleted Work plus fair and reasonable sums for overhead and profit on such expenses 1543 for all clams costs, losses and damages mounted in settlement of termmated contracts with Subcontractors Suppliers and others and 15 4 4 for reasonable expenses directly attributable to termination CONTRACTOR shall no be paid on account of loss of anticipated profits or revenue or other economic loss ansmg out of or resulting from such termination CONTRACTOR May Stop Work or Terminate 155 If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority or ENGINEER fads to act on any Application for Payment within thirty days after it is submitted o OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due than CONTRACTOR may upon seven days written notice to OWNER and ENGINEER, and provided OWNER orENGINEER do not remedy such suspension or failure within that time terminate the Agreement and recover from OWNER payment on the same terns as provided in paragraph 15 4 In lieu of terminating the Agreement and without pre).udice to any other right or remedy if ENGINEER has failed to act on an Application fix Payment within thirty days after it IS submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragraph 15 5 are not imended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage duectly attributable to CONTRACTORS stopping Work as permitted by this paragraph ARTICLE 16 DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement such dispute resolution method and procedure If any shall be as set forth in Exhibit GC -A, Dispute Resolution Agreement to be attached hereto and made a part hereof If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9 10 911 and 912 OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute ARTICLE 17—MISCELLANEOUS Giving Nonce 171 Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or of delivered at or sent by registered or cemfied mail postage prepaid, to the last business address known to the giver of the nonce 172 Computation of Tune 1721 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and Include the last day of such penod If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction such day will be omitted from the i.ompumtion EJCDC GENERAL CONDITIONS 19104 (1990 EAmm) W1CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 17 2 2 A calendar day of twenty four hours measured from midnight to the next midnight will constitute a day Notice ofCkum 17 3 Should OWNER or CONTRACTOR suffer mjury or damage to person or property because of any error omission ar ad of the other party or of any of the other party employees or agents or others for whose acts the other party is legally liable claim will be made in writing to the other party within a reasonable time of the fist observance of such injury o damage The prwlsrois of this paragraph 17 3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute Of limitations or repose Cumulative Rem ifies 174 The duties and obligations unposed by these General Conditions and the rights and remedies available hereunder to the parues hereto and, in particular but without limitation, the warranties, guarantees and obligations unposed upon CONTRACTOR by paragraphs 6 12 6 16 6 30 6 31 6 32 13 1 13 12 13 14 14 3 and 15 2 and all of the rights and remedies available to OWNER and ENGINEER thereunder are in addition to and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed m available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty obligation, nght and remedy to which they apply Profesnonal Fees and Court Costs Included 175 Whenever reference is made to claim, costs losses and damages I stall include in each case but not be (muted to all fees and charges of engineers, arclntects, attorneys and other professionals and all court or arbitration or other dispute resolution costs 176 The laws of the State of Colorado apply to this Aareemenx Reference to two pertinent Colorado statutes are as follows 1762 If a clam is filed OWNER is re uued by law CRS 38 26 107) to withhold Iron all payments to CONTRACTOR sufficient funds to insure the payment of all clams for labor materials team hire sustenanceprovisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 34 EICDC GENERAL CONDITIONS 19103 (1990 ENlim) w/ CITY OF FORS COLLINS MODIFICATIONS (REV 42000) (Tlus page left blank lruenti n lly ) EJCDCc ENERAL CONDITIONS 191M (1990Edaim) 35 W CITY OF FORT COLUNS MODIFICATIONS (REV 4/2000) E1CDC GENERAL CONDITIONS 1910- (19%E`hlm) 36 W CITY OF FORT COLLINS MODIFICATIONS (REV 4l1000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties 161 All clans, disputes and other mattes in question between OWNER and CONTRACTOR ansing out of or relating to the Contract Documents or the breach thereof (except for clams which have been waived by the making or acceptance of final payment as provided by paragraph 1415) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaming subject to the limitations of the Article 16 This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevathng law of any court having jurisdiction 162 No demand for arbitration of any claim dispute or other matter that Is required to be referred to ENGINEER usually for decision in accordance with paragraph 9 11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty fast day after the parties have presented their evidence to ENGINEER if a written decision has no been rendered by ENGINEER before that date No demand for arbitration of any such clam dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9 11 and the failure to demand arbitration within said thirty days period will result in ENGINEERS decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been Initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision its acceptable to the parties concerned No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9 10 will he made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9 10 163 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the 4mencan Arbitration Association, and a copy wdl be sent to ENGINEFR for information The demand for arbitration will be made within the thirty day or ten-day period specified in paragraph 16 2 as applicable and in all other cases within a reasonable time after the claim dispute or other matter or question has ansen, and in no event shall an} such demand be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations EJCDC GENERAL CONDITIONS 1910 8 (1990ENtim) W CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 164 Except as provided in paragraph 16 5 below no arbitration arising out of or relating to the Connect Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEERS Consultant and the officers directors, agents, employees or consultants of any of them) who is not a party to this contract unless 16 4 1 the inclusion of such other person or entity Is necessary of complete relief is to be afforded among those who are already parties to the arbitratiml, and 16 4 2 such other person or entity is substantially involved in a question of law or fact which its common to those who are already parties to the arbitration and which will anse in such pmcwdmgs, and 16 4 3 the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such mclumon, which consent shall make specific reference to this paragraph but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent 165 Notwithstanding paragraph 16 4 of a clam dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder CONTRACTOR shall include in all subcontracts required by paragraph 611 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor Nothing in this paragraph 16 5 nor in the provision of such subcontract consenting to joinder shall create any clam right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEERS Consultants that does not otherwise exist 166 The award rendered by the arbitrators will be final judgment may be entered upon it many court having jurisdiction thereof and it will not be subject to modification or appeal 167 OWNER and CONTRACTOR agree that they shall fast submit any and all unsettled claims counterclaims disputes and other matters in question between them ansnng out of or relating to the Contract Documents or the breach thereof ( disputes ) to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association pnor to either of them imitating against the other a demand for arbitration pursuant to paragraphs 16 1 through 16 6 unless delay in Imbuing arbitration would urevccably prejudice one of the parties The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16 2 and 16 3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time lemits and shall remain suspended until ten days after the termination of the mediation The mediator of any dispute submitted to medtation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed bC At 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-5 4 8 Limits of Liability A Add the following language at the end of paragraph 5 4 8 The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows 5 4 1 and 5 4 2 Coverage A - Statutory Limits Coverage B - $100 000/$100 000/$500 000 5 4 3 and 5 4 5 Commercial General Liability policy will have limits of $1 000,000 combined single limits (CSL) This policy will include coverage for Explosion, Collapse and Underground coverage unless waived by the Owner 5 4 6The Comprehensive Automobile Liability Insurance policy will have limits of $1 000 000 combined single limits (CSL) 5 4 9 This policy will include completed operations coverage/product liability coverage with limits of $1 000 000 combined single limits (CSL) Rev 10/20/07 Section 00800 Page 1 WORK CHANGE DIRECTIVE INSTRUCTIONS A GENERAL INFORMATION This document was developed for use in situations Involving changes in the Work which, if not processed expeditiously, might delay the Project these changes are often initiated in the field and may affeet the Contract Price or the Contract Times This is not a Change Order, but only a dnwtive to proceed with Work that may be included in a subsequent Change Order For supplemental instructions and minor shangea not involving a change in the Contract Price or the Contract Times a Field Order should be used & COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, msludmg a description of the items involved and attachments Based on conversations between Engineer and Contractor Engineer completes the following MFTHOD OF DETERMINING CHANGE, If ANY, IN CONTRACT PRICE Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated pruc or Contractor may stop the changed Work when the estimated time is reached If the Work Change Directive ism likely to change the Contract price, the space for estimated increase (decrease) should be marked "Not Applicable" Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Fngmeer alone doss not have authority to authorize changes in Price or Times Once authorized by Owner a copv should be sent by Engineer to Contractor Price and Times may only be changed by Change Order signed by Ownet and Contractor with Engineer's recommendation Paragraph 14 03 A 2 of the General Conditions requires that a Change Order be initiated and processed to covet any undisputed stun or amount of time for Work actually performed pursuant to this Work Change Directive Once the Work covered by this directive is completed or final cost and tunes are determined, Contractor should submit documentation for inclusion m a Change Order THIS IS A DIRECTIVF TO PROCEED WI A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES A CHANGF ORDER, IF ANY, SHOULD BE CONSiIlMD PROMPTLY WORK CHANGE DIRECTIVE No DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR _ Contract Project OWNER's Contract No ENGINEER s Project No You are directed to proceed promptly with the following change(s) Description Purpose of Work Change Directive Attachments (List documents supporting change) If OWNER oT CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents Method of determining change in Contract Price Unit Prices Lump Sum Cost of the Estimated increase (decrease) in Contract Price Estimated increase (decrease) in Contract $ Times If the change involves an increase the estimated Substantial Completion _ days amount is not to be exceeded without further Ready for final payment _days authorization RECOMMENDED AUTHORIZED ENGINEER OWNER R EJCDC No 1%EtlRion) By by Wide, ,e ananounr rtlini6wmr tbaunmrComnlou pN mdmrd OY 7fie AroGred Gmanl ConnaclortofAmrip rid as Conwoedan Spclawkw aWmro 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 Rev 10/20/07 Section 00100 Page 1 Advencamant ofc-hnolaegoa t�a^dapY REQUEST FOR INTERPRETATION Project R F I Number From To Date A/E project Numba Re Contract For Specification Smion Paragraph Drawing Reference Detail Request Signed by Daze Response ❑ Attachments Response From TO Date Rec d Date Retad Signed by Date Copses ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ He Copyright 1994 Construction Spwlflcaaom hntnute Page of July 19N 99 COW[ C w Plea Suite 300 Almandna VA 22314 CSI Fonn 13 2A nd'—fogy rant v' aruoo nnoagy CLARIFICATION NOTICE project Clarification Notice Number To Form Date A/E Project Number Re ContractFor This Chinfidatinn Notice is issued for the purpose of clanfymg the Contract Documents based on an interpretation reasonably inferable from the Contract Documents and therefore has no effect on the Contract Sum or Contract Time Proonding with Wore in accordance with this Clarification Nonce indicates acceptance with no change in the Contract Sum or Contract Time SPemfieanon Section Paragraph Drawing Reference Detail Description ❑ Attachments Signed by Date Copies ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File CePYnsm 1994 Construction Specificenom merman, Page of July 19 99 Canal Cema 94 22114 Pfau Store 300 Alexandria VA CSI Form 13 94 IV of Ccuc.maemem err Ccnon Uehaabpy FIELD ORDER Project To Re Field Order Number From Date A/E Project Number Contract For You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time If you consider that a change in Contract Sum or Contract Time is required submit a Change Order Request to the A/E Immediately and prior to Isweading with this Work Specification Section Paragraph Drawing Reference Detail Description of Interpretation or Change ❑ Attachments Signed by Date Copies ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ Fit, Copyright 1994 Cansuoction Specifimtion institute Page of July 1994 99 Canal Caner Plea Suite 300 Alexandria VA 22314 CSI Form 13 4A October 05, 2007 US DEPT OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO GENERAL DECISION NUMBERS CO20070014 AND CO20070015 HIGHWAY CONSTRUCTION NOTICE This is a standard special provision that revises or modifies CDOT s Standard Specifications for Road and Bridge Construction It has gone through a formal review and approval process and has been issued by CDOT s Project Development Branch with formal instructions for its use on CDOT construction projects It is to be used as written without change Do not use modified versions of this special provision on CDOT construction projects and do not use this special provision on CDOT projects in a manner other than that specified in the instructions, unless such use is first approved by the Standards and Specification Unit of the Project Development Branch The instructions for use on CDOT construction projects appear below Other agencies which use the Standard Spectf cations for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk Instructions for use on CDOT construction projects Use this standard special provision on all federal aid projects with contracts exceeding $2000 except for projects on roadways classified as local roads or rural minor collectors which are exempt -1- Decision Nos CO20070014 and CO20070015 dated February 09, Modifications ID 2007 supersedes Decision Nos CO030014 and CO030015 dated June 13 2003 Pages 1 5 MOD 1 04 06-07 paes 1 2, 5 MOD 2 06-01 07 5 1 2 When work within a project is located ing two or more counties and the minimum wages and fringe benefits are different for one or more MOD 3 08 03-07 & 3 job classifications, the higher nunmium wages and fringe benefits MOD 4 09-07 07 Pages 1 5 4 shall apply throughout the project MOD 5 10-05-07 Pages 1 5 5 Pages 1 2 4 General Decision No CO20070014 applies to the following counties Adams, Arapahoe, Boulder Denver, Douglas El Paso, Jefferson Latimer Mesa Pueblo and Weld counties General Decision No CO20070014 The wage and fnn a benefits listed below reflect collectively bar lained rates Basic Hourly Fringe Benefits Last Code Classification Rate Mod ELECTRICIANS 1200 Electrical work $150,000 or less (Pueblo county) 2214 8 85 + 3% 1201 Electrical work over $150,000 (Pueblo county) 2629 8 85 + 3% 1 1202 Electricians (Adams Arapahoe, Boulder Denver, Douglas Jefferson Lanmer, and Weld counties) 2g 91 10 33 1203 Electricians (El Paso county) 2680 12 00 + 3% 3 1204 Electricians (Mesa county) 2031 856 2 1205 Traffic Signal Installer (Zone 1) 23 83 4 75 + 13 75% 4 1206 Traffic Signal Installer (Zone 2) 2683 4 75 + 13 75% 4 Traffic Installer Zone Definitions Zone I - Within a 35 mile radius measured from the addresses of the following cities Colorado Springs Nevada & Bijou Denver Ellsworth Avenue & Broadway Ft Collins - Prospect & College Grand Junction 12th & North Avenue Pueblo 125 & Highway 50 Zone 2 All work outside these areas POWER EQUIPMENT OPERATORS 1300 Asphalt Screed 21 67 822 2 1301 Bituminous or Asphalt Spreader/Laydown Machine 21 67 822 2 1302 Bulldozer 21 67 822 2 -2- General Decision No CO20070014 The wage and fringe benefits listed below reflect collectively bargained rates Basic Hourly Fringe Benefits Last Code Classification Rate Mod POWER EQUIPMENT OPERATORS (cont) Crane 1305 50 tons and under 2182 822 2 1306 51 to 90 tons 2197 822 2 1307 91 to 140 tons 2212 822 2 1308 141 tons and over 2288 822 2 Drill Operator 1309 William MF/Watson 2500 only 2197 822 2 Grader/Blade 1310 Rough 2167 822 2 1311 Finish 2197 822 2 Loader 1312 Barber Green etc 6 cubic yards and under 2167 822 2 1313 Over 6 cubic yards 2182 822 2 Mechanic and/or Welder (Includes heavy duty and combination mechanic and welder) 1314 Mechanic and/or Welder 21 82 822 2 1315 Mechanic/Welder (Heavy duty) 21 97 822 2 1316 Oiler 2097 822 2 Power Broom 1317 Under 70 HP 2097 822 2 1318 70 HP and over 2167 822 2 Roller (excluding dirt and soil compaction) 1319 Self propelled, rubber tires under 5 tons 21 32 822 2 1320 Self propelled all types over 5 tons 21 67 822 2 Scraper 1321 Single bowl under 40 cubic yards 2182 822 2 1322 Single bowl including pups 40 cubic yards and tandem bowls and over 21 97 822 2 1323 1 Trackhoe 21 82 822 2 General recision No CO20070014 The wage and fringe benefits listed below reflect collectively bargained rates Basic Hourly Fringe Benefits Last Code Classification Rate Mod Laborers 1400 Asphalt Laborer/Raker Common Laborer and Concrete Laborer/Mason Tender 1629 425 General Decision No CO20070014 The wage and fringe benefits listed below do not reflect collectively bargained rates 1500 Bricklayers 1555 285 Carpenters 1600 Form Work (Excluding curbs and gutters) 1654 390 1601 All other work 1661 388 1700 Concrete Finishers/Cement Masons 1605 300 Ironworkers 1900 Reinforcing 1669 545 1901 Bridge Rail (Excludes guardrail) 1822 601 Laborers 2001 Fence Erector (Includes fencing on bndges) 1302 320 2002 Form Work (Curbs and gutters only) 1185 345 2003 Guardrail Erector (Excludes bndgerail) 1289 320 2004 Landscape and Irrigation Laborer 1226 3 16 2005 Pipelayer 1355 241 2006 Striping Laborer (Pre -form layout and removal of pavement markings) 12 62 3 21 2007 Traffic Director/Flagger 955 305 2008 Traffic and Sign Laborer (Sets up barricades and cones and installs permanent signs) 12 43 3 22 PAINTERS 2100 Brush 1694 2 10 2101 Spray 1699 287 POWER EQUIPMENT OPERATORS 2200 Backhoes 1654 424 2201 Bobcat/Skid Loader 1537 428 2202 Concrete Pump Operator 1652 430 General Decision No CO20070014 The wage and fringe benefits listed below do not reflect collective) bargained rates Basic Fringe Benefits Last Code Classification Hourly Rate Mod POWER EQUIPMENT OPERATORS (cont) Drill Operator 2203 All except William MF/Watson 2500 1674 266 2204 Forklift 1591 409 2205 Rotomill Operator 1622 441 2206 Post Dnver/Punch Machine 1607 441 2207 Tractor 13 13 295 2208 Compactor (Dirt and soil only) 1670 330 Groundman (Traffic signalization) 2301 Class C 1144 325 Truck Drivers 2400 Floats Semi Truck 1486 308 2401 Multipurpose Truck — Specialty & Hoisting 1435 349 2402 Truck Mechamc 1691 301 2403 Pickup Truck (Includes Pilot and Sign/Bamcade Truck) 1393 368 2405 Single Axle Truck 1424 3 77 2406 Distributor Truck 1580 527 2407 Dump Truck 2408 14 cubic yards and under 1493 527 2409 15 to 29 cubic yards 1527 527 2410 30 to 79 cubic yards 15 80 527 2411 80 cubic yards and over 1645 527 2412 Low Boy Truck 1725 527 2413 Water Truck 1493 527 5 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 [29 CFR 5 5(a)(1)(ii)) END OF GENERAL DECISION NUMBER CO20070014 M General Decision No CO070015 applies to the following counties Alamosa Archuleta Baca, Bent, Chaffee, Cheyenne, Clear ICreek Conejos, Costrlla, Crowley Custer Delta, Dolores Eagle, Elbert Fremont, Garfield Gilpin Grand Gunnison, Ilmsdale, Huerfano, Jackson Kiowa Kit Carson, La Plata Lake, Las Ammas, Lincoln, Logan Mineral, Moffat, Montezuma, Montrose, Morgan Otero Ouray Park Phillips Pitkin Prowers Rio Blanco, Rio Grande Routt Saguache, San Juan San Miguel Sedgwick, Summit, Teller, Washington and Yuma counties When work within a project is located in two or more counties, and the mmnnum wages and fringe benefits are different for one or more job classifications the higher mmunum wages and fringe benefits shall apply throughout the project General Decision No CO20070015 The wa a and fringe benefits listed below reflect collectively bar ained rates Basic Fringe Benefits Last Code Classification Hourly Rate Mod ELECTRICIANS (Including traffic signal installation) Electrical work $150 000 or less (Alamosa Archuleta, 3200 Baca, Bent Chaffee, Conejos, Costilla Crowley Custer 22 14 8 85 + 3% Fremont Huerfano, Kiowa, Las Ammas, Mineral, Otero, Prowers Rio Grande and Saguache counties) Electrical work over $150 000 (Alamosa Archuleta 3201 Baca Bent, Chaffee Conejos Costrlla Crowley, Custer, 26 29 8 85 + 3% 1 Fremont, Huerfano Kiowa Las Animas Mineral Otero Prowers Rio Grande and Saguache counties) Electricians (Clear Creek Eagle Gilpm, Grand Jackson 3202 Lake Logan Morgan Phillips Sedgwick Summit 2891 1033 Washington, and Yuma counties) 3203 Electricians (Cheyenne Elbert Kit Carson Lincoln 26 80 12 00+ 3% 3 Park and Teller counties) Electricians (Dolores Garfield Gunnison Hinsdale La 3204 Plata, Moffat, Montezuma Ouray, Pitkin, Rio Blanco 2806 876 2 Routt, San Juan and San Miguel counties) 3205 Electricians (Delta and Montrose counties) 2031 856 2 3206 Traffic Signal Installer (Zone 1) 2383 4 75 + 13 75% 4 3207 Traffic Signal Installer (Zone 2) 2683 4 75 + 13 75% 4 Traffic Installer Zone Defimtions Zone 1 — Within a 35 nine radius measured from the addresses of the following cities Colorado Springs Nevada & Bijou Denver Ellsworth Avenue & Broadway Ft Collins Prospect & College Grand Junction 12th & North Avenue Pueblo I-25 & Highway 50 Zone 2 - All work outside these areas We General Decision No CO20070015 The wage and fringe benefits listed below reflect collectively bargained rates Basic Hourly Fringe Benefits Last Code Classification Rate Mod POWER EQUIPMENT OPERATORS 3300 Bituminous or Asphalt Spreader/Laydown Machine 2167 822 2 3301 Bulldozer 21 67 822 2 Crane 3302 50 tons and under 2182 822 2 3303 51 to 90 tons 21 97 822 2 3304 91 to 140 tons 2212 822 2 3305 141 tons and over 2288 822 2 3306 Grade Checker 21 82 822 2 Loader 3307 Barber Green etc 6 cubic yards and under 21 67 822 2 3308 Over 6 cubic yards 21 82 822 2 Roller (excluding dirt and soil compaction) 3309 Self-propelled rubber tires under 5 tons 21 32 822 2 3310 Self propelled all types over 5 tons 21 67 822 2 3311 Trackhoe 21 82 822 2 3312 Oiler 2097 822 2 3313 Water Wagon 21 82 822 2 General Decision No CO20070015 The wage and fringe benefits listed below do not reflect collectively bargained rates Carpenters 3600 Form Building and Setting (Excluding curbs and gutters) 1592 5 38 3601 All other work 1630 371 3700 Concrete Finishers/Cement Masons 1555 285 3800 Groundman (Traffic signalization) 11 57 350 Ironworkers 3900 Reinforcing 1694 677 3901 Bridge Rail (Excluding guardrail) 1676 601 4 0 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 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 Rev 10/20/07 Section 00100 Page 2 -7- General Decision No CO20070015 The wage and fnnge benefits listed below do not reflect collectively bargained rates Basic Hourly Fringe Benefits Last Code Classification Rate Mod Laborers 4000 Asphalt Laborer/Raker 1240 292 4001 Common 1244 353 4002 Concrete Laborer/Mason Tender 1244 3 10 4003 Striping -Paint Laborer (Pre -form layout and removal of pavement markings) 12 90 3 07 4004 Traffic Director/Flagger 942 321 4005 Traffic/Sign Laborer (Sets up barricades and cones, and installs permanent signs) 12 39 3 20 4007 Guardrail (Excludes bndgerail) 1278 331 4008 Formwork (Curbs and gutters only) 1292 454 4009 Landscape Laborer (Including imgation work) 1221 3 16 Painters 4100 Spray 1754 352 POWER EQUIPMENT OPERATORS 4200 Asphalt Plant 1723 120 4201 Asphalt Screed 1621 376 4202 Backhoe 1642 442 4203 Compactor (Dirt and soil only) 1652 3 13 4204 Grader/Blade 1639 420 4205 Mechanic and or Welder (Includes heavy duty and combination mechanic welder) 1674 420 4206 Post Dnver/Punch Machine 1607 441 4207 Rotomill Operator 1628 441 4209 Scraper 1762 3 16 m General Decision No CO20070015 The wage and fringe benefits listed below do not reflect collectively bargained rates Basic Hourly Fringe Benefits Last Code Classification Rate Mod Truck Driers 4400 Dump 1415 383 4401 Low Boy 1507 456 4402 Truck Mechanic 1597 461 4403 Multipurpose Truck -Specialty and Hoisting 1460 349 4404 Pickup (Including pilot car) 1404 349 4405 Water Truck 1488 207 4406 Distributor 1580 527 WELDERS - Receive rate prescribed for craft perfomvng operation to which welding is incidental Unlisted classifications needed for work not included within dde the scope of the classifications listed may be ad after award only as provided in the labor standards contract clauses [29 CFR 5 5(a)(1)(ri)] ENDOFGENERAL DECISION NUMBER CO20070015 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 US Department of Labor 200 Constitution Avenue N W Washington D C 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 18 and 29 CFR Part 7) Write to Wage and Hour Administrator U S Department of Labor 200 Constitution Avenue N W Washington D C 20210 The request should be accompanied by a full statement of the interested party s position and by any information (wage payment data protect 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 D C 20210 4 ) All Decisions of the Administrative review board are final Rev 10/20/07 SECTION 00900 ADDENDA MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960Application for Payment SECTION 00950 CHANGE ORDER NO PROJECT TITLE CONTRACTOR PROJECT NUMBER DESCRIPTION 1 Reason for change 2 Description of Change 3 Change in Contract Cost 4 Change in Contract Time ORIGINAL CONTRACT COST $ 00 TOTAL APPROVED CHANGE ORDER 0 00 TOTAL PENDING CHANGE ORDER 0 00 TOTAL THIS CHANGE ORDER 0 00 TOTAL % OF THIS CHANGE ORDER TOTAL C 0 % OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0 00 (Assuming all change orders approved) ACCEPTED BY DATE Contractor's Representative ACCEPTED BY DATE Project Manager _ REVIEWED BY DATE Title APPROVED BY DATE Title APPROVED BY DATE Purchasing Agent over $30 000 cc City Clerk Contractor Project File Architect Engineer Purchasing Rev 10/20/07 Section 00950 Page 1 nnQro APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER City of Fort Collins PROJECT APPLICATION NUMBER APPLICATION DATE PERIOD BEGINNING ENGINEER CONTRACTOR PERIOD ENDING PROJECT NUMBER CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT 1 2 3 The present status of the account for this Contract is as follows Original Contract Amount Net Change by Change Order Current contract Amount Total Completed and Stored to Date Less Previous Applications Amount Due this Application Before Retamage Less Retamage Net Change by Change Order $0 00 I AMOUNT DUE THIS APPLICATION CERTIFICATION The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14 3 of the General Conditions of the Contract The above Amount Due This Application is requested by the CONTRACTOR Date By Payment of the above Amount Due This Application is recommended by the ENGINEER Date By Payment of the above Amount Due This Application has been reviewed by the OWNER S Project Manager Date M Payment of the above Amount Due This Application is approved by the OWNER $0 00 $0 00 Section 00960 Page 1 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored Bid This Previous To Item Month Periods Date Materials Total Unit This Earned Percent Number Description Quantity Units Price Amount Qty Amount Qty Amount Qty Amount Period To Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 Section 00960 Page 2 CHANGE ORDERS Bid Item Unit Number Description Quantity Units Price Amount APPLICATION FOR PAYMENT Work Work Work Completed Completed Completed This Previous To Month Periods Date Qty Amount Qty Amount Qty Amount Stored Materials This Period PAGE 3 OF 4 Total Earned Percent To Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 $0 00 $0 00 $0 00 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $o 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $o 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $o 00 $o 00 $0 00 $0 00 $0 00 TOTALS CHANGE ORDERS $0 00 $0 00 $0 00 $0 00 $0 00 PROJECT TOTALS $0 00 $0 00 $0 00 $0 00 $o 00 Section 00960 Page 3 STORED MATERIALS SUMMARY PAGE 4OF4 On Hand Received Installed Item Invoice On Hand Previous This This Number Number Description Application Period Period This ADDlication $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS $0 00 $0 00 $0 00 $0 00 Section 00960 Page 4 TROLLEY BRICK RESTORATION PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01340 Shop Drawings 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1 2 General Requirements 34 General Requirements 5 6 General Requirements 7 General Requirements 8 10 General Requirements 11 12 General Requirements 13 General Requirements 14 15 General Requirements 16 General Requirements 17 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 Rev 10/20/07 Section 00100 Page 3 SECTION 01010 SUMMARY OF WORK 1 1 DESCRIPTION OF WORK A This work shall consist of the removal salvage and restoration of the existing bnck/concrete roadbed adjacent to the historical trolley tracks on East Mountain Avenue between College Avenue and Peterson Street m the Cityof Fort Collins The bricks shall be removed and salvaged to the maximum extent feasible The salvaged bricks supplemented by new bricks shall be replaced in the trolley roadbed This work will also include and related concrete removal and traffic control Specific locations are described in Section 3500 Project Map B Protection and Restoration I Replace to equal or better conditions all items removed and replaced or damaged during construction Restore all areas disturbed to match surrounding surface conditions Also see tree protection standards C Construction Hours Construction hours except for emergencies shall be limited to 7 00 a in to 6 00 p in Monday through Friday unless otherwise authorized in writing by the Engineer After hour equipment operation shall be in accordance with Section 1560 Any work performed by the Contractor outside of the construction hours whether or not authorized by the Engineer shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner s costs in providing field engineering and/or inspection services because of such work The cost for field engineering and inspection shall be $50 00 per hour 1 2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A Notify private owners of adjacent property utilities irrigation canal and affected governmental agencies when prosecution of the Work may affect them B Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services C Contact utilities at least 48 hours prior excavating near underground utilities D Contact all agencies at least 72 hours prior to start of construction Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation E Enka Keeton will be the ENGINEER (Project Engineer/Manager) Enka Keeton 970 221 6605 Mobile/Pager 970 222 0787 F Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractors convenience General Requirements Page 1 of 17 UTILITIES Water City of Fort Collins Colorado 970 221 6700 Meter Shop 970 221 6759 Storm Sewer City of Fort Collins Colorado 970 221 6700 Sanitary Sewer City of Fort Collins Colorado 970 221 6700 Electrical City of Fort Collins Colorado 970 221 6700 Gas Excel Energy 970-482 5922 970 221 8553 Telephone Qwest 970 484 0300 970 226 6310 Traffic Operations City of Ft Collins Colorado 970 221 6608 Cable Television Comcast 970 493 7400 *Uhhty Locates Under One call System 1 800 922 1987 AGENCIES Safety Occupational Safety and Health Administration (OSHA) 844 3061 Fire Poudre Fire Authority Non -Emergency 970 221 6581 Emergency 911 Police City of Fort Collins Police Department Non Emergency 970 221 6550 Emergency 911 Postmaster US Postal Service 970 225 4111 Transportation Transfort 970 221 6620 Traffic Engineering 970 221 6608 END OF SECTION Larimer County Sheriffs Department Non Emergency 970 221 7177 Ambulance Poudre Valley Hospital Non Emergency 970-484 1227 Emergency 911 General Requirements Page 2 of 17 SECTION 01040 COORDINATION I 1 GENERAL CONTRACTOR RESPONSIBILITIES A Coordinate operations under contract in a manner which will facilitate progress of the Work The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor' s contract B Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities agencies or public safety C Coordmate operations under contract with utility work to allow for efficient completion of the Work D Coordinate all operations with the adjoining property owners business owners and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times 12 CONFERENCES A A Pre construction Conference will be held prior to the start of construction Contractor shall participate to the conference accompanied by all major Subcontractors including the Traffic Control Supervisor assigned to the project Contractor shall designate/introduce Superintendent and major Subcontractors supervisors assigned to project The Engineer shall invite all utility companies involved The Utilities will be asked to designate their coordination person provide utility plans and their anticipated schedules The Engineer shall introduce the project Representatives B Additional project coordination conferences will be held prior to start of construction for coordination of the Work refining project schedules and utility coordination C Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects or is affected by the work of others 1 Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer 13 PROGRESS MEETINGS A Contractor and Engineers Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work B Attendance shall include Contractor and Superintendent Owner s Representatives Engineer and Resident Project Representative Traffic Control Supervisor Others as may be requested by Contractor Engineer or Owner General Requirements Page 3 of 17 C Minimum agenda shall include 1 Review of work progress since last meeting 2 Identification and discussion of problems affecting progress 3 Review of any pending change orders 4 Revision of Construction Schedule as appropriate D The Engineer and Contractor shall agree to weekly quantities at the progress meetings The weekly quantity sheets shall be signed by both parties These quantity sheets when signed shall be final and shall be the basis for the monthly progress estimates This process ensures accurate monthly project pay estimates END OF SECTION General Requirements Page 4 of 17 SECTION 01310 CONSTRUCTION SCHEDULES 11 GENERAL A The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre construction conference This schedule will show how the contractor intends to meet the milestones set forth 1 No work is to begin at the site until Owners acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials 12 FORMAT AND SUBMISSIONS A Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress B Submit two copies of each schedule to Owner for review 1 Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others C The schedule must show how the street landscaping and various utility work will be coordinated 13 CONTENT A Construction Progress Schedule 1 Show the complete work sequence of construction by activity and location 2 Show changes to traffic control 3 Show project milestones B Report of delivery of equipment and materials Show delivery status of critical and major items of equipment and materials Include a schedule which includes the critical path for Shop Drawings tests and other submittal requirements for equipment and materials reference Section 01340 14 PROGRESS REVISIONS A Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen when requested by Owner or Engineer and with each application for progress payment B Show changes occurring since previous submission 1 Actual progress of each item to date 2 Revised projections of progress and completion C Provide a narrative report as needed to define 1 Anticipated problems recommended actions and their effects on the schedule 2 The effect of changes on schedules of others General Requirement& Page 5 of 17 15 OWNERS RESPONSIBILITY A Owners review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project B It is not to be construed as relieving Contractor from any responsibility to determine the means methods techniques sequences and procedures of construction as provided in the General Conditions END OF SECTION General Requirements Page 6 of 17 SECTION 01330 SURVEY DATA 1 1 SURVEY REQUIREMENTS A The Owner will provide the construction surveying for the street and landscaping improvements City Survey Crews will perform the surveying required B The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying C If the requested surveying cannot be accomplished in the time frame requested by the Contractor the survey personnel shall notify the Contractor with the date on which the requested work will be completed D Should a sudden change in the Contractor s operations or schedule require the survey personnel to work overtime the Contractor shall pay the additional overtime expense E The Contractor shall protect all survey monuments and construction stakes If it is unavoidable to remove a survey monument or construction stakes the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated The Contractor will be responsible for the cost of re staking construction stakes and for the cost of re establishing a destroyed monument F The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines drainage ways pavements inlets walls and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner END OF SECTION General Requirements Page 7 of 17 SECTION 01340 SHOP DRAWINGS 11 GENERAL A Submit Shop Drawings Samples and other submittals as required by individual specification sections 1 Engineer will not accept Shop Drawings or other submittals from anyone but Contractor B Schedule Reference Section 01310 Construction Schedules Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule C Any need for more than one re submission or any other delay in obtaining Engineer s review of submittals will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price D Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication E Do not use materials or equipment for which Shop Drawings or samples are required until such submittals stamped by Contractor and properly marked by Engineer are at the site and available to workmen F Do not use Shop Drawings which do not bear Engineers mark NO EXCEPTION TAKEN inthe performance of the Work Review status designations listed on Engineers submittal review stamp are defined as follows 1 NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept complies with the information given in the Contract Documents and is acceptable for incorporation in the Work Contractor is to proceed with fabrication or procurement of the items and with related work Copies of the submittal are to be transmitted for final distribution 2 REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineers notations Contractor is to proceed with the Work in accordance with Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or wntten in the letter of transmittal 3 REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work Contractor is to submit submittals responsive to the Contract Documents General Requirements Page 8 of 17 4 FOR REFERENCE ONLY Signifies submittals which are for supplementary information only pamphlets general information sheets catalog cuts standard sheets bulletins and similar data all of which are useful to Engineer or Owner in design operation or maintenance but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents Engineer reviews such submittals for general information but not for substance 1 2 SHOP DRAWINGS A Include the following information as required to define each item proposed to be furnished Detailed installation drawings showing foundation details and clearances required for construction Relation to adjacent or critical features of the Work or materials Field dimensions clearly identified as such Applicable standards such as ASTM or Federal Specification numbers Drawings catalogs or parts thereof manufacturers specifications and data instructions performance characteristics and capacities and other information specified or necessary a For Engineer to deterrine that the materials and equipment conform with the design concept and comply with the intent of the Contract Documents b For the proper erection installation and maintenance of the materials and equipment which Engineer will review for general information but not for substance c For Engineer to determine what supports anchorages structural details connections and services are required for materials and equipment and the effect on contiguous or related structures materials and equipment Complete dimensions clearances required design criteria materials of construction and the like to enable Engineer to review the mfomiation effectively B Manufacturers standard drawings schematics and diagrams 1 Delete information not applicable to the Work 2 Supplement standard information to provide information specifically applicable to the Work C Format 1 Present in a clear and thorough manner 2 Minimum sheet size 8 '/2' x 11 3 Clearly mark each copy to identify pertinent products and models 4 Individually annotate standard drawings which are furnished cross out items that do not apply describe exactly which parts of the drawing apply to the equipment being furnished 5 Individually annotate catalog sheets to identify applicable items 6 Reproduction or copies of portions of Contract Documents a Not acceptable as complete fabrication or erection drawings b Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings 7 Clearly identify the following a Date of submission b Project title and number c Names of Contractor Supplier and Manufacturer d Specification section number specification article number for which items apply intended use of item in the work and equipment designation e Identify details by reference to sheet detail schedule or room numbers shown in the Contract Documents f Deviations from Contract Documents g Revisions on re submittals General Requirements Page 9 of 17 h Contractors stamp metaled or signed certifying to review of submittal verification of products field measurements and field construction cntena and coordination of the information within the submittal with requirements of the Work and the Contract Documents 1 3 SUBMISSION REQUIREMENTS A Make submittals promptly in accordance with approved schedule and in such sequence as to cause no delay in the Work or in the work of any other contractor B Minimum number required 1 Shop Drawings a Three (3) copies minimum two (2) copies which will be retained by Engineer 14 RE SUBMISSION REQUIREMENTS A Make corrections or changes required by Engineer and resubmit until accepted B In writing call Engineers attention to deviations that the submittal may have from the Contract Documents C In writing call specific attention to revisions other than those called for by Engineer on previous submissions D Shop Drawings 1 Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wrong and piping layouts END OF SECTION General Requirements Page 10 of 17 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 Rev 10/20/07 Section 00100 Page 4 SECTION 01410 TESTING 11 GENERAL A Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples Do not use any materials or equipment represented by samples until tests if required, have been made and the materials or equipment are found to be acceptable Any product which becomes unfit for use after approval hereof shall not be incorporated into the work B All materials or equipment proposed to be used maybe tested at anytime during their preparation or use Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing Products may be sampled either prior to shipment or after being received at the site of the work C Tests shall be made by an accredited testing laboratory selected by the Owner Except as otherwise provided sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM) D Where additional or specified information concerning testing methods sample sizes etc is required such information is included under the applicable sections of the Specifications Any modification of or elaboration on these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures 12 OWNERS RESPONSIBILITIES A Owner shall be responsible for and shall pay all costs in connection with testing for the following 1 Soil tests except those called for under Submittals thereof 2 Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner 3 Concrete test except those called for under Submittals thereof 13 CONTRACTORS RESPONSIBILITIES A In addition to those inspections and tests called for in the General Conditions Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following 1 All performance and field testing specifically called for by the specifications 2 All retesting for Work or materials found defective or unsatisfactory including tests covered under 12 above 3 All mimmum call out charges or standby time charges from the tester due to the Contractors failure to pave pour or fill on schedule for any reason except by action of the Engineer B Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing 14 CONTRACTOR S QUALITY CONTROL SYSTEM A General The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work including that of his subcontractors to ensure conformance to the functional performance of this project This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner The Contractor s control system shall specifically include all testing required by the various sections of these Specifications General Requirements Page 1 I of 17 B Superintendence The Contractor shall employ a full time Superintendent to momtor and coordinate all facets of the Work The Supenmendent shall have adequate experience to perform the duties of Superintendent C Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents Controls shall be adequate to coverall construction operations and should be keyed to the proposed construction schedule D Records Maintain correct records on an appropriate form for all inspections and tests performed instructions received from the Engineer and actions taken as a result of those instructions These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test nature of defects causes for rejection etc ) proposed or directed remedial action and corrective action taken Document inspections and tests as required by each section of the Specifications Provide copies to Engineer weekly END OF SECTION General Requirements Page 12 of 17 SECTION 01510 TEMPORARY UTILITIES 1 1 UTILITIES A Furnish all utilities necessary for construction B Make arrangements with Owner as to the amount of water required and time when water will be needed I Meters may be obtained through the Water Utility Meter Shop at 221 6759 2 Unnecessary waste of water will not be tolerated C Finnish necessary water trucks pipes hoses nozzles and tools and perform all necessary labor 1 2 SANITARY FACILITIES A Fumish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project B Properly maintain sanitary facilities of reasonable capacity throughout construction periods C Enforce the use of such sanitary facilities by all personnel at the site D Obscure from public view to the greatest practical extent END OF SECTION General Requirements Page 13 of 17 SECTION 01560 TEMPORARY CONTROLS 1 1 NOISE CONTROL A Take reasonable measures to avoid unnecessary noise when construction activities are being performed inpopulated areas B Construction machinery and vehicles shall be equipped with practical sound muffling devices and operated in a manner to cause the least noise consistent with efficient performance of the Work C Cease operation of all machinery and vehicles between the hours of 6 00 p in and 7 00 a in 12 DUST CONTROL A Dusty materials in piles or in transit shall be covered when necessary to prevent blowing B Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chernical dust suppressant 1 Chemical dust suppressant shall not be injurious to existing or future vegetation 1 3 POLLUTION CONTROL A Prevent the pollution of drains and water courses by sanitary wastes concrete sediment debris and other substances resulting from construction activities I Retain all spent oils hydraulic fluids and other petroleum fluids in containers for disposal off the site 2 Prevent sediment debris or other substances from entering sanitary sewers storm drains and culverts 14 EROSION CONTROL A Take such measures as are necessary to prevent erosion of soil that might result from construction activities Measures in general will include a Control of runoff b Trapping of sediment c Minimizing area and duration of soil exposure d Temporary materials such as hay bales sand bags plastic sheets nprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities B Preserve natural vegetation to greatest extent possible C Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion D Comply with the City of Fort Collins Storm Drainage Erosion Control Manual General Requirements Page 14 of 17 1 5 TRAFFIC CONTROL A Maintain traffic control in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) the City of Fort Collins Work Area Traffic Control Handbook and the current Latimer County Urban Area Street Standards In the event of a conflict between the MUTCD criteria and the City is criteria the City s cntena shall govem 1 6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements both new and old from heavy loads These pavements may include but are not limited to recently constructed pavements recently overlaid pavements and/or pavements whose condition would be significantly damaged by heavy loads END OF SECTION General Requirements Page 15 of 17 SECTION 01700 CONTRACT CLOSEOUT 1 1 CLEANING AND RESTORATION A Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun This will include providing labor equipment and materials for cleaning repairing and replacing facilities damaged or soiled during construction The Engineer will be the judge of the degree of restoration required 12 PROJECT RECORD DOCUMENTS A Maintain on the job site and make available to the Engineer upon request one current marked up set of the drawings which accurately indicate all approved variations to the completed work that differ from the design information shown on the drawings Further these drawings should reflect all underground obstacles encountered B These record drawings along with any survey records photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance END OF SECTION General Requirements Page 16 of 17 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT I 1 DEFECTIVE WORK A Owner will not pay for defective work and will not pay for repair or additional work required to brig the project to a point of acceptance 12 BID PRICE A The Total Bid Price covers all Work required by the Contract Documents All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work B Prices shall include all costs in connection with the proper and successful completion of the Work including furnishing all materials equipment and tools and performing all labor and supervision to fully complete the Work C Unit prices shall govern over extensions of sums D Unit prices shall not be subject to re negotiation 1 3 ESTIMATED QUANTITIES A All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work The basis of payment shall be the actual amount of materials famished and Work done B Contractor agrees that he will make no claim for damages anticipated profits or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor END OF SECTION General Requirements Page 17 of 17 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS FORT COLLINS TROLLEY BRICK RESTORATION PROJECT The Colorado Department of Transportation Standard Specifications for Road and Bridge Construction 2005 and the current Lanmer County Urban Area Street Standards (hereafter referred to as the Standard Specifications ) are made a part of this Contract by this reference except as revised herem and are hereby adopted as the nummum Standard Specifications of Compliance for this project The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans PROJECT SPECIAL PROVISIONS Index Page I Notice to Bidders 2 Contract Goal 3 Revision of Section 101 Definition of Terms 4 Revision of Section 104 Traffic and Parking Control 5 7 Revision of Section 105 Claims for Contract Adjustment 8 Revision of Section 105 Control of Work 9 10 Revision of Section 107 Protection and Restoration of Property and Landscape 11 12 Revision of Section 107 Insurance 13 Revision of Section 108 Prosecution and Progress 14 15 Revision of Section 201 Clearing and Grubbing 16 Revision of Section 202 Removal of Structures and Obstructions 17 18 Revision of Section 203 Excavation and Embankment 1920 Revision of Section 212 Seeding Fertilizer and Sodding 21 22 Revision of Section 304 Aggregate Base Course 23 Revision of Section 610 Brick Trolley Roadbed 24 25 Revision of Section 630 Construction Zone Traffic Control 2630 Force Account 31 Utilities 32 1 FEDERAL AID PROJECT NO STE M455 072 PROJECT CODE NO 15281 NOTICE TO BIDDERS City of Fort Collins contact for the project is Enka Keeton 281 North College Avenue Fort Collins CO 80524 Office Phone (970) 221 6605 October 26 2007 The above referenced individuals are the only representatives of the Department with authority to provide any information clarification or interpretation regarding the plans specifications and any other contract documents or requirements All references to the Colorado Division of Highways Colorado Department of Transportation and/or Department or Division shall also mean City of Fort Collins FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 CONTRACT GOAL (COMBINED) The Department has determined that Underuhhzed Disadvantaged Business Enterprises (UDBEs) will participate by contracting for apart of the work of this Contract The contract goal for participation in this Contract by certified DBEs who have been determined to be underutilized has been established as follows UDBE 70 Percent The percentage will be calculated from proposals received for this project according to the following formula *Dollar amount of work to be contracted to undemtilized DBEs (UDBEs) Percentage = 100 X Total dollar amount of the original Contract * Based on DBE contract unit pries rather than prune contract unit pries "All DBEs will be considered to be UDBEs NOTE Specific Good Faith Efforts required to meet the Contract Goal specified above are defined in the Standard Special Provisions In addition the Transportation Commission has determined an overall 12 69% annual goal for the participation of all DBEs 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 Rev 10/20/07 Section 00100 Page 5 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 101 DEFINITION OF TERMS Certain terms utilized in the latest edition of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction shall be interpreted to have different meanings within the scope of this Contract A summary of redefinitions follows Subsection 10127 Department shall mean City of Fort Collins Colorado Subsection 10128 Engineer shall mean City Engineer City of Fort Collins Colorado or a designated representative Subsection 10147 Project Engineer shall mean the City Engineer Fort Collins Colorado or a designated representative Subsection 10170 State shall mean City of Fort Collins Colorado (where applicable) 4 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows Subsection 104 04 shall include the following It shall be the Contractors responsibility to clear parking from the streets when such parking will interfere with the work Prior to work that requires the street(s) to be closed to parking and/or traffic the street(s) shall be posted for 'NO PARKING The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work and the day date and times that the message on the sign is in effect (For example if a street is to be patched on Wednesday July 2 the street shall be posted no later than Tuesday July 1 by 7 00 am with a sign that reads similar to NO PARKING WEDNESDAY JULY 2 7 00 A M TO 6 00 P M PATCHING ) See sample NO PARKING sign NO PARKING signs shall remain in place until the street is opened to traffic and all clean up operations completed Encroachment permits must be obtained for each parking space eliminated in order to perform the Work Permits are available from the City of Fort Collins Parking Services office at 215 North Mason Street Permits for spaces directly related to the repairs will be paid for by the Owner Additional spaces for staging will be the responsibility of the Contractor If spaces are not available the Contractor is solely responsible for finding a suitable staging area The location of the staging area must be submitted and approved by the Engineer prior to use Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted to the Owner prior to mobilization and use The Contractor shall also submit a letter of indemnification to the Owner and the property owner Parking Parking for Contractor employees will NOT be permitted in the work zone or in the general Downtown vicinity Rooftop Parking Passes for two Downtown parking structures are available for $24/month per vehicle from the City of Fort Collins Parking Services Office The Civic Center structure is located on the southeast corner of Mountain and Mason and the Old Town structure is located on the southeast corner of Remington and Mountain Both are conveniently located near the project All vehicles not required to perform the Work shall obtain a Rooftop Parking Pass or be confined to the limits of the staging area (if applicable) All information on the NO PARKING signs with the exception of the date shall be in block letters permanently affixed to the sign Any information added to a sign such as dates shall be clearly legible and written in block style letters Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract The Contractor will not be paid for traffic control costs incurred during Contractor caused delays At or near the end of each work day a representative of the Contractor the Traffic Control Supervisor and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including NO PARKING signs Any necessary adjustments shall be made The Contractor shall also review at this time with the Engineer the proposed means of handling parking and traffic control for upcoming work It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL At the above referenced meeting the quantity of traffic control devices used that day shall be agreed upon by the Contractor and the Engineer The Contractor shall utilize forms approved by the Engineer for the tabulation of Traffic Control Devices utilized The Contractor shall maintain pedestrian and vehicular access to all businesses within the project, including crosswalks, at all times Pedestrian access must be clearly delineated and buffered from construction activities at all limes, and may include construction and installation of temporary ramps and wooden walkways as necessary The Contractor shall maintain two way traffic on Mountain Avenue at all times Any changes in the traffic control including additional signs barricades and/or flaggers needed in the field shall be immediately implemented as directed by the Engineer The cost for traffic control is covered in Revision of Section 630 Construction Zone Traffic Control found herein FEDERAL AID PROJECT NO STE M455 072 PROJECT CODE NO 15281 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL October26 2007 NO PARKING Wea Jull 7 7:00 AM - 6:00 PM PATCHING FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows Subsection 105 21 shall be revised as follows The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows COOPERATION WITH UTILITIES Subsection 105 10 shall include the following Construction and/or reconstruction operations at intersections may involve the destruction and replacement of traffic signal loop detectors The existing traffic signal loop detectors shall be removed by the contractor at no additional cost New loop detectors may be installed at other intersections where they do not now exist New and replacement loop detectors will be installed by the City Traffic Division The Contractor shall cooperate with the schedule of this work to insure the timely installation of new loop detectors Also the Contractor shall coordinate with the City Traffic Division to insure that any cleanup required after the installation of the loop detectors will be completed before concrete placement operations begin City Utilities Parks Traffic concrete and utility contractors may perform work related to the project within or near the limits of this project The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts and ensure timely completion of all the work COOPERATION BETWEEN CONTRACTORS Subsection 105 11 shall include the following City Utilities Parks Traffic concrete and utility contractors may perform work related to the project within or near the limits of this project The Contractor shall conduct the work without interfering or hindering the progress or completion of the work being performed by other contractors The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts and ensure timely completion of all the work INSPECTION AND TESTING OF WORK Subsection 105 15 shall include the following The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection measuring for pay quantities and sampling The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection measuring for pay quantities or sampling Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 105 CONTROL OF WORK MAINTENANCE DURING CONSTRUCTION Subsection 105 18 shall include the following The roadway area including curb gutter and sidewalk adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity but in no case shall the area be left uncleaned after the completion of the days work It shall be the Contractors responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area The Contractor shall utilize a combination of pick up brooms side brooms and/or other equipment as needed to clean the streets All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work The Contractor shall maintain the streets during the construction process as prescribed above If a street requires additional sweeping by City forces the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service All cost of maintaining the work during construction and before the project is accepted will not be paid for separately but shall be included in the work 10 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows Subsection 107 12 shall include the following The fact that any underground facility - sprinkler systems utility services etc is not shown on the plans details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract It shall be the Contractors responsibility pursuant thereto to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer In the event surrounding landscaping is damaged by construction operations the repairs shall be made as follows If the area to be repaired is five (5) inches or less in width the Contractor shall clean the area of all debris (i a concrete road base etc ) to a minimum depth of four (4) inches prepare all edges to be clean and vertical and place (see below) and compact topsoil The topsoil shall be compacted utilizing a hand operated roller or other method approved by the Engineer The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil refuse stumps roots rocks brush weeds heavy clay hard clods toxic substances or other material which would be detrimental to the proper development of vegetative growth The material to be utilized shall be approved by the Engineer prior to placement The topsoil shall be in a relatively dry state and placed during dry weather The topsoil shall be fine graded to eliminate rough and low areas and ensure positive drainage The existing levels profiles and contours shall be maintained If any portion of the area to be repaired is greater than five (5) inches in width the Contractor shall clean and prepare the area along the entire length of the repair location as stated above to a minimum of one (1) foot place sod over the entire area water once and notify the property owner in writing of the nature of the work that has taken place and that the sod will be watered only once If the area to be repaired is only damaged on the surface the Contractor shall remove the damaged areas of sod to a depth that will allow new sod to be placed place new sod water once and notify the property owner in writing of the nature of the work that has taken place and the fact that the sod will be watered only once The minimum overall width of the area to be sodded shall be one (1) foot Sprinkler systems Sprinkler systems shall be protected from damage by the contractor Sprinkler systems damaged as a result of construction operations shall be replaced at the Contractors expense within three (3) working days from the date of damage In areas where the Engineer directs new work or the reconstruction areas require grade adjustment the placement of topsoil sod and sprinkler relocation will be provided by the City under separate contract All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his expense unless a written waiver is obtained from the property owner and submitted to the Engineer Re sodded lawns shall be watered once by the Contractor 11 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns All restoration of landscaping and lawns damaged by construction operations shall take place within three (3) working days from the date of damage All labor materials tools equipment incidentals and work involved in protecting or repairing underground facilities shall be considered incidental to the work being done and shall not be measured and paid for separately 12 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 107 INSURANCE Section 107 18 is hereby revised to read For this project all insurance certificates shall name the Colorado Department of Transportation as an additionally insured party 13 ADDENDUM No 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 6075 Trolley Brick Restoration Project OPENING DATE December 18 2007 (Our Clock) 3 00 P M To all prospective bidders under the specifications and contract documents described above the following changes are hereby made CHANGE Delay of Opening date to allow all Vendors the opportunity to complete all Federal forms required, attached heroin. Any bids that have been received wdl not be opened Vendors may pickup their Bids and submit new Bids Please contact John D Stephen CPPO CPPB Senior Buyer at (970) 221-6777 with any questions regarding this addendum RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED where renewal is a way of life 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 ma3or 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 Rev 10/20/07 Section 00100 Page 6 FEDERAL AID PROJECT NO STE M455 072 PROJECT CODE NO 15281 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows SCHEDULE Subsection 108 03 shall include the following October26 2007 A schedule of work must accompany any bid and shall include number of working days to complete all unit work items covered by the contract The schedule should take any priorities into consideration The schedule should also include projected start and end dates Prior to award mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above LIMITATION OF OPERATIONS Subsection 108 04 shall include the following The work shall be completed within the following calendar months JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC The City of Fort Collins is committed to maintaining a positive working relationship with the businesses and residents of the downtown area Every effort will be made to maintain pedestrian flow, and to accommodate special events and high volume holidays for businesses, pedestrians, parking, and vehicle traffic Contractor shall be responsible for communicating accurate scheduling information to the project team to assure proper notification of businesses and residents Work shall be completed during the months of January through April 2008 The Contractor shall notify businesses and residents of daily activities which may affect parking or access Contractor shall provide a local contact phone number to facilitate communications with businesses and residents regarding the project City Holidays and specific dates that require work to stop or are limited to specific types of work are described below At a minimum exceptional pedestrian parking and vehicle access must be maintained on these dates as determined by the Engineer New Year s Day Tuesday Martin Luther King Day Monday President s Day Monday St Patrick s Day Parade TBA January 1 2008 January 21 2008 February 18 2008 14 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 108 PROSECUTION AND PROGRESS DETERMINATION AND EXTENSION OF TIME Subsection 108 07 shall include the following Work hours shall be 7 00 a in to 6 00 p in Monday through Friday or as approved by the Engineer All Work is to be completed in twenty (20) consecutive working days FAILURE TO COMPLETE WORK ON TIME Subsection 108 08 shall include the following Failure to meet the agreed upon milestones or fully complete the project in twenty (20) working days shall result in damages assessed against the Contractor At the City s option liquidated damages in the amount of $1000 00 per day may be retained from any monies due the Contractor or the City may retain an additional contractor(s) to complete the work or portion thereof and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages 15 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised as follows CONSTRUCTION REQUIREMENTS Subsection 20102 shall be amended to include the following When any tree roots are encountered during construction operations the Contractor shall notify the Engineer prior to any root removals The Engineer and the City Foresters representative shall then make a determination regarding removal Tree roots shall be removed with a sharpened sanitized saw cut orthogonally to its longitudinal axis as closely as practical to leave the freshly cut root surface in a clean and smooth condition Axes or other blunt objects shall not be used to cut tree roots Where it is anticipated that tree roots may be encountered great care shall be taken by the Contractor to prevent any damage to the roots with tools or equipment BASIS OF PAYMENT Subsection 20104 shall be amended to include the following All costs for removing tree roots shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work and no measurement or payment shall be made separately for the removal of tree roots 16 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised as follows DESCRIPTION Subsection 202 01 is revised to include the following This work consists of removal and disposal of existing concrete pavement and removal salvage and storage of existing trolley roadbed bricks Portions of the brick trolley roadbed that are within the existing landscaped median will NOT be restored with this project CONSTRUCTION REQUIREMENTS Subsection 202 02 is revised to include the following Trolley roadbed bricks shall be salvaged to the maximum extent feasible and reused in the restoration of the brick roadbed Extreme care shall be taken during removal to protect the bricks and adjacent rails from damage Salvable material shall remain the property of the City of Fort Collins and shall be stockpiled by the Contractor within the project limits for reuse The Contractor shall safeguard salvable materials and shall be responsible for the expense of repairing or replacing damaged or missing material until it is incorporated into the work Any material that is not salvable shall be disposed of at the Contractors expense In all cases the existing trolley rails shall be protected from damage and shall remain in place Sections where the bricks have been previously removed and replaced with concrete or asphalt shall be removed and the rails cleaned and exposed to receive new/salvaged trolley roadbed bricks The Remove Concrete item shall include saw cutting removal and disposal of existing asphalt or concrete and protection of existing bricks and rails as directed by the Engineer METHOD OF MEASUREMENT Subsection 202 11 is revised to include the following Saw cutting for concrete removal shall be considered a subsidiary obligation of the Contractor and shall not be measured or paid for separately Remove Concrete shall be measured by the square foot of area removed and shall include all costs for stockpiling haul and disposal Remove and Salvage Existing Bricks shall be measured by the square foot of area removed and shall include all costs for stockpiling storage and protection of existing bricks and disposal of inferior bricks 17 FEDERAL AID PROJECT NO STE M455 072 PROJECT CODE NO 15281 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS BASIS OF PAYMENT Subsection 202 12 is revised to include the following Payment will be made under Pay Item Unit October26 2007 202 01 Remove Concrete Square Foot 20202 Remove and Salvage Existing Bricks Square Foot The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in Removal of Structures and Obstructions including saw cutting storage and cleanup as specified in these specifications as shown on the plans and as directed by the Engineer 18 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised as follows DESCRIPTION Subsection 203 01 is revised to include the following This work shall consist of removing and disposing of unsuitable subgrade base or other material and preparing the subgrade for the subsequent course in accordance with the specifications and in reasonably close conformity with the lines grades and typical cross sections shown on the plans or as designated by the Engineer All excavation will be classified Unclassified Excavation as hereafter described The Contractor shall haul and dispose of all excavated material CONSTRUCTION REQUIREMENTS Subsection 203 05 is revised to include the following Unclassified Excavation shall consist of the excavation of all materials of whatever character required for the work not being removed under some other item The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have been placed The excavation will be accomplished in the following manner Unclassified Excavation The areas to be removed will be marked on the surface by the Engineer with paint If in the opinion of the Engineer the subgrade material is unsuitable it shall be removed to the limits and depths designated Where excavation to the finished grade section results in a subgrade of unsuitable soil the Engineer may require the Contractor to remove the unsuitable materials and backfill to the finished grade section with aggregate base course After the material has been removed to the depth specified by the Engineer the Contractor shall prepare the subgrade by compacting with a sheepsfoot roller rubber tired roller and/or other compaction equipment as approved by the Engineer The subgrade preparation shall not be measured and paid for separately but shall be included in the contract unit price for Unclassified Excavation METHOD OF MEASUREMENT Subsection 203 13 is revised to include the following The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further work continues Should the Contractor fail to request the Engineer to measure any work and perform other work that would prevent the Engineer from measuring pay quantities the Contractor shall not be compensated for materials not measured by the Engineer The accepted quantities of Excavation will be paid for at the contract unit price per cubic yard Subgrade preparation haul and disposal will not be measured and paid for separately 19 FEDERAL AID PROJECT NO STE M455 072 PROJECT CODE NO 15281 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT BASIS OF PAYMENT Subsection 203 14 shall include the following Payment will be made under Pay Item 203 01 Unclassified Excavation Unit Ceyd October26 2007 The above pries and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all the work involved in Unclassified Excavation including haul stockpiling watering or drying sod compaction proof rolling finish grading and disposal of unusable materials as shown on the plans as specified in these specifications and as directed by the Engineer 20 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 212 SEEDING FERTILIZER AND SODDING Section 212 of the Standard Specifications is hereby revised as follows DESCRIPTION Subsection 212 01 is revised to include the following This work shall consist of soil preparation and furnishing and placing topsoil and blue grass sod in accordance with these specifications accepted horticulture practice and in reasonably close conformity with the locations and details shown on the plans or as designated Also see Protection and Restoration of Property & Landscape found herein MATERIALS Subsection 212 02 is revised to include the following Topsoil shall conform to the requirements of Protection and Restoration of Property found herein Bluegrass sod shall be nursery grown 99% Kentucky Blue Grass and 99% weed free Other sod type may be used only if approved in writing by the Engineer The 1% allowable weeds shall not include any undesirable perennial or annual grasses or plants Soil thickness of sod cuts shall not be less than 3/4 inch nor more than one inch Sod shall be cut in uniform strips with minimum dimensions of 12 inches in width and 48 inches in length The Contractor shall submit a sample of the sod he proposes to furnish Said sample shall serve as a standard Any sod famished whether in place or not that is not up to the standard of the sample maybe rejected Sod that has been cut for more than 24 hours shall not be used Each load of sod shall be accompanied by a certificate from the grower stating the type of sod and the date and time of cutting CONSTRUCTION REQUIREMENTS Subsection 212 05 is revised to include the following Sodding Soil Preparation The area shall be cleaned with a minimum depth of four (4) inches (where topsoil does not exist) and a minimum width of one (1) foot all irregularities in the ground surface shall be removed and all edges clean and vertical Sticks stones debris and other similar material more than %, inch in diameter shall be removed Any objectionable depressions or other vanances from a smooth grade shall be corrected Topsoil Placement Topsoil shall be placed and compacted with a minimum depth of four (4) inches The amount of compaction required shall be as directed by the Engineer Sod Placement The minimum width for sod shall be one (1) foot The area to be sodded shall be smooth The sod shall be lard by staggering joints with all edges touching On any slopes the sod shall run approximately parallel to the slope contours The Contractor shall water the sod once and notify the property owner in writing of the nature of the work that has taken place and that the sod will only be watered once Sod placement/replacement required due to Contractor negligence shall follow the requirements of this section but will not be measured and paid for under the terms of this contract 21 FEDERAL AID PROJECT NO STE M455-072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 212 SEEDING FERTILIZER AND SODDING BASIS OF PAYMENT Subsection 212 08 is revised to include the following No measurement for payment shall be made for re sodding lawn damaged by the Contractor adjacent to new concrete when the grade of the exr sting lawn reasonably matches the grade of the new concrete Re sodding in this instance shall be considered incidental to the work being performed 22 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised as follows MATERIALS Subsection 304 02 is revised to include the following Base material shall conform to the requirements of Section 703 03 CDOT Standard Specifications Class 5 Aggregate Base Course The material must have an R value of 72 or greater and must be moisture stable METHOD OF MEASUREMENT Subsection 304 07 is revised to include the following Aggregate Base Course will be measured by the ton at the proper moisture Haul and water necessary to bring mixture to optimum moisture content will not be measured and paid for separately but shall be included in the contract unit price for Aggregate Base Course Failure to protect open excavations or any other use not directly related to the Work shall not be measured or paid for separately but shall be included in the Work Load slips shall be consecutively numbered for each day and submitted to the Engineer daily The accepted quantities for Aggregate Base Course will be paid for at the contract unit price per ton BASIS OF PAYMENT Subsection 304 08 is revised to include the following Payment will be made under Pay Item 304 01 Aggregate Base Course (Class 5) Unit Ton The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in the placement of Aggregate Base Course complete in place including haul and water as shown on the plans as specified in these specifications and as directed by the Engineer 23 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 Rev 10/20/07 Section 00100 Page 7 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 610 BRICK TROLLEY ROADBED Section 610 of the Standard Specifications is hereby revised as follows DESCRIPTION Subsection 610 01 is revised to include the following This work consists of providing new bricks to supplement salvaged on site bricks and the installation of the brick trolley roadbed using both new and salvaged material Portions of the brick trolley roadbed that are within the existing landscaped median will NOT be restored with this project MATERIALS Subsection 610 02 is revised to include the following New brick shall be 4 x 8 x 2 % Heavy Duty Recreated Historical Pavers by Colonial Brick Corporation of Cayuga Indiana or approved equal These pavers shall be made to order to best match the existing historical brick color and size The color shall be Red and the texture wire cut and rounded on the 8 edges Brick shall meet the requirements of ASTM Designation C1272 99 for Heavy Vehicular Paving Brick Colonial Brick Corporation Contact Dan Swartz Physical Address 817 W Park St Cayuga IN 47928 Mailing Address Box 365 Cayuga IN 47928 Phone 765 492 3355 Fax 765 492 3015 CONSTRUCTION REQUIREMENTS Subsection 610 03 is revised to include the following Once a section of Mountain Avenue is closed for repair the concrete bricks shall be removed replaced and reopened to traffic within 5 calendar days For special circumstances the Contractor may submit written requests for exceptions to this requirement to the Engineer for approval prior to demolition The Contractor shall compact the subgrade and spread bedding sand evenly in the area defined and shall screed the sand to an appropriate embedment depth not to exceed 1 The Contractor shall use a plate vibrator to embed the pavers into the sand Joint spacing between paver units and the pattern design shall match as closely as possible the original layout (see photo below) Joints shall be filled completely with joint sand Excess sand shall be removed by sweeping The brick pavers shall match as closely as possible the elevation of the surrounding concrete pavement 24 FEDERAL AID PROJECT NO STE M455 072 PROJECT CODE NO 15281 REVISION OF SECTION 610 BRICK TROLLEY ROADBED METHOD OF MEASUREMENT Subsection 610 04 is revised to include the following October 26 2007 Removal and salvage of existing bricks shall be paid for at the contract unit price for Remove and Salvage Existing Bricks, under Revision of Section 202 Removal of Structures and Obstructions Supply New Trolley Bricks shall be measured by the square foot of surface area of new brick placed in the brick roadbed Install Brick Trolley Roadbed shall be measured by the square foot of brick new and salvaged complete in place including grading compaction brick placement and Joint sand BASIS OF PAYMENT Subsection 610 05 is revised to include the following Payment will be made under Pay Item Unit 61001 Supply New Trolley Bricks —Material Only SF 610 02 Install Brick Trolley Roadbed SF The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and incidentals and for doing all work involved in Brick Trolley Roadbed complete in place including haul and water grading and compaction as shown on the plans as specified in these specifications and as directed by the Engineer 25 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised as follows DESCRIPTION Subsection 630 01 shall he revised as follows This work shall consist of furnishing installing moving maintaining and removing temporary traffic signs advance warning arrows panels barricades channelizmg devices and delmeators as required by the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) the City of Fort Collins Work Area Traffic Control Handbook and the Latimer County Urban Area Street Standards In the event of a conflict between the MUTCD criteria and the City criteria the City criteria shall govem When a device is not in use the Contractor shall remove it from the project for the period it is not needed Devices temporarily not in use shall as a minimum be removed from the area Moving will include devices removed from the project and later returned to use This Work also includes Traffic Control Management and flagging MATERIALS Subsection 630 02 shall include the following All traffic control devices placed for this project must meet or exceed the inuumum standards set forth in the MUTCD All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i a crossed out information information written in long hand style etc ) Additionally any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties such as residents affected by any information the sign may present NO PARKING Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade The sign material and stand shall be approved by the Engineer CONSTRUCTION REQUIREMENTS Subsection 630 09 shall be revised as follows TRAFFIC CONTROL PLAN Traffic control through the construction areas is the responsibility of the Contractor For all locations a Traffic Control Plan shall be prepared The Traffic Control Plans shall be on City supplied forms The Traffic Control Plans shall be submitted for approval to the Engineer by 8 00 a in two working days prior to the commencement of work (Note Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8 00 a in ) Full road closure plans shall be 99 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL submitted no later than Friday mornings by 8 00 a in for projects starting the following week All plans shall be delivered to City Engineering 281 North College Avenue Facsimiles of plans shall not be allowed No phase of the construction shall start until the Traffic Control Plan has been approved Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work as well as the Contractors forfeiture of payment for all work and materials at that location with no adjustment in the contract time All costs associated with Traffic Control Plan review will not be measured or paid for separately but shall be considered incidental to the Work The Traffic Control Plan shall include as a minimum the following (1) A detailed diagram which shows the location of all sign placements including advance construction signs (if not previously approved) and speed limit signs method length and time duration for lane closures and location of flag persons (2) A tabulation of all traffic control devices shown on the detailed diagram including but not limited to construction signs vertical panel vertical panel with light Type I Type II and Type III barricades cones drum channehzing devices advance warning flashing or sequencing arrow panel Certain traffic control devices may be used for more than one operation or phase However all devices required for any particular phase must be detailed and tabulated for each phase (3) Number of flaggers to be used (4) Parking Restrictions to be in affect Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is to be made Such approval does not relieve the Contractor of liability specifically assigned to him under this contract Parking Restriction Plans shall be submitted and approved which show the location and quantity of NO PARKING signs the date to be placed and the date to be removed The plans shall be prepared on City supplied forms The Parking Restriction Plans shall be submitted to the Engineer by 8 00 a in two working days prior to the commencement of work (Note Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8 00 a in ) All plans shall be delivered to City Engineering 281 North College Avenue Facsimiles of plans shall not be allowed No phase of the construction shall start until the Parking Restriction Plan has been approved Failure to have an approved Parking Restriction Plan shall constitute cause for the City to stop work as well as the Contractors forfeiture of payment for all work and materials at that location with no adjustment in the contract time Subsection 630 10 shall be revised as follows TRAFFIC CONTROL MANAGEMENT Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS) The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractors Association (CCA) certification as a Traffic Control Supervisor (Proof of certification shall be presented to the City Traffic Control Manager and when requested by a City representative for each TCS utilized on this project ) 27 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL One TCS shall be designated as the Head TCS The Head TCS shall have a minimum of one year experience as a certified TCS Qualifications shall be submitted to the Engineer for approval a minimum of one week pnor to commencement of the work The Head TCS shall be on site at all times during the construction and shall be equipped with a cellular phone It is the intent of the specifications that the Head TCS be the same throughout the project If the Head TCS is to be replaced during the project the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement The TCS s duties shall include but not be limited to (1) Preparing revising and submitting Traffic Control Plans as required (Review fees will not be measured or paid for separately but shall be considered incidental to the Work ) (2) Direct supervision of project flaggers (3) Coordinating all traffic control related operations including those of the Subcontractors and suppliers (4) Coordinating project activities with appropriate police and fire control agencies Transfort school districts and other affected agencies and parties prior to construction Typed hand delivered notification to all businesses and residents at least 24 hours prior to construction (The notification of residents and businesses may be accomplished by a representative of the TCS ) (5) Maintaining a project traffic control diary which shall become part of the City s project records (6) Inspecting traffic control devices on every calendar day for the duration of the project (7) Insuring that traffic control devices are functioning as required (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience safety and orderly movement of traffic (9) Flagging (10) Setting up traffic control devices Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed any special instructions to the residents (i a limits on lawn watering during concrete pouring etc ) the dates and times of the work and the parking and access restrictions that will apply as well as thorough information placed on NO PARKING signs Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work Letters shall be submitted with the Traffic Control Plans for approval Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work (Note The time frame criteria for distributing letters are the same as for posting NO PARKING signs ) Traffic control management shall be maintained on a 24 hour per day basis The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on 28 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL every working day on call at all times and available upon the Engineer's request at other than normal working hours All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins Work Area Traffic Control Handbook" and Part VI of the MUTCD pertaining to traffic controls for street and highway construction available at all times NO PARKING signs must remain in place until the street is open to traffic Subsection 630 12 shall be revised as follows GENERAL Traffic control devices shall be placed and/or stored in the City right of way in such a manner that minimizes the hazards to pedestrians bicyclists and vehicles Traffic control devices shall be removed from the site immediately upon completion of the work METHOD OF MEASUREMENT Subsection 630 14 shall be revised as follows Construction Zone Traffic Control will be paid Lump Sum and shall be full compensation for TCS and flagging furnishing erecting maintaining moving removing and disposing of construction traffic control devices necessary to complete the work In addition the Owner shall deduct from compensation due the Contractor $10 00 for each traffic control device per day for said conditions including NO PARKING signs and any signs which are not removed from the site immediately upon completion of the work BASIS OF PAYMENT Subsection 630 15 shall be revised as follows Pay Item 630 01 Traffic Control Unit Lump Sum Flagger hand signs will not be measured and paid for separately but shall be included in the work The flaggers shall be provided with electronic communication devices when required These devices will not be measured and paid for separately but shall be included in the work The cost of batteries electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item Sand bags will not be measured and paid for separately but shall be included in the work 29 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD if approved The City shall not be responsible for any losses or damage due to theft or vandalism SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING NOTE FULL CLOSURES ON ARTERIALS AND COLLECTORS INCLUDING THOSE LISTED ABOVE WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS 30 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Divisions estimate for Force Account Items included in the Contract The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds Force Account work shall be performed as directed by the Engineer BASIS OF PAYMENT Payment will be made in accordance with Subsection 109 04 Payment will constitute full compensation for all work necessary to complete the item Force Account work valued at $5 000 or less that must be performed by a licensed Journeyman in order to comply with federal state or local codes may be paid for after receipt of an itemized statement endorsed by the Contractor ESTIMATED FORCE ACCOUNT ITEM QUANTITY AMOUNT F/A *Mmor Contract Revision F A $3 000 F/A On the Job Trainee Hour $0 F/A OJT Colorado Training Program F A $150 *To be included in the bond amount 31 FEDERAL AID PROJECT NO STE M455 072 October 26 2007 PROJECT CODE NO 15281 UTILITIES Known utilities within the limits of this project are Qwest Terry Speer (970)377 6405 Fort Collins CO Xcel Energy Pat Kreager (970)225 7865 Fort Collins CO Comcast Dennis Greenwalt (970) 484 7166 Fort Collins CO City of Ft Collins Traffic Dan Holland (970)221 6816 Fort Collins CO City of Fort Collins Utilities Doug Martine (970)224 6152 Fort Collins CO The work described in these plans and specifications may require coordination between the Contractor and the utility companies in accordance with subsection 105 10 in conducting their respective operations GENERAL The Contractor shall comply with Article 15 of Title 9 CRS ( Excavation Requirements ) when excavation or grading is planned in the area of underground utility facilities The Contractor shall notify all affected utilities at least two (2) business days not including the day of notification prior to commencing such operations The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1 800 922 1987 to have locations of UNCC registered Imes marked by member companies All other underground facilities shall be located by contacting the respective company Utility service laterals shall also be located prior to beginning excavating or grading The locations of utility facilities as shown on the plan and profile sheets and herein described were obtained from the best available information All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work 32 FEDERAL AID PROJECT NO STE M455 072 PROJECT CODE NO 15281 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS FORT COLLINS TROLLEY TRACK STANDARD SPECIAL PROVISIONS Revision of Section 105 — Disputes and Claims for Contract Adjustments Revision of Section 106 — Certificates of Compliance and Certified Test Reports Revision of Section 107 — Project Safety Planning Revision of Section 107 — Responsibility for Damage Claims Insurance Types and Coverage Limits Revision of Section 107 — Ton Mile Taxes Revision of Section 109 — Fuel Cost Adjustment Revision of Section 109 — Measurement of Quantities Revision of Sections 614 and 630 — Retroreflective Sign Sheeting Revision of Section 630 — Construction Zone Traffic Control Revision of Section 630 — Method of Handling Traffic Revision of Section 630 — NCHRP 350 Requirements Revision of Section 630 — Payment for Construction Traffic Control Devices Revision of Section 630 — Portable Sign Storage Affirmative Action Requirements — Equal Employment Opportunity Disadvantaged Business Enterprise — Definitions and Requirements Minimum Wages Colorado U S Department of Labor General Decision Numbers CO20070014 and CO20070015 MOD 2 Highway Construction Statewide On the Job Training Required Contract Provisions — Federal Aid Construction Contracts October26 2007 Date No of Pages (August1 2005) 7 (June 29 2006) 1 (August 1 2005) 3 (August1 2005) (April 12 2007) (Nov 30 2006) (August1 2005) (Sept 2 2005) (April 7 2006) (April 7 2006) (August2 2007) (June 7 2007) (August 1 2005) (August1 2005) (Dec 8 2005) (October 5 2007) (April 12 2007) (August1 2005) 2 1 2 1 1 1 1 1 I 10 12 9 5 10 The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds When the Successful Bidder delivers the executed Agreement to the OWNER it shall be accompanied by the required Contract Security 19 0 SIGNING OF AGREEMENT When OWNER gives a Notice of Award to the Successful Bidder it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached Within fifteen (15) days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification 20 0 TAXES OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work Said taxes shall not be included in the Contract Price Reference is made to the General and Supplementary Conditions 21 0 RETAINAGE Provisions concerning retainage are set forth in the Agreement 22 0 PURCHASING RESTRICTIONS Purchasing restrictions The Bidder s authorized signature of this Bid assures the Bidder s compliance with the City s purchasing restrictions A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk s office A Cement Restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 23 0 COLLUSIVE OR SHAM BIDS Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid 24 0 BID RESULTS Rev 10/20/07 Section 00100 Page 8 August 12005 1 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Section 105 of the Standard Specifications is hereby revised for this project as follows Subsection 105 21(1)2 second paragraph shall include the following The CDOT modified version of AAA s Construction Industry Arbitration Rules shall be as follows August 2005 2 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS CONSTRUCTION INDUSTRY ARBITRATION RULES of the AMERICAN ARBITRATION ASSOCIATION AS MODIFIED FOR USE WITH CDOT SPECIFICATION SUBSECTION 105 21 April 27 1997 Regular Track R 1 Agreement of Parties The parties shall have been deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitraton by the American Arbitration Association (hereinafter AAA) or under its Construction Industry Arbitration Rules These rules and any amendment of them shall apply in the form obtaining at the time the demand for arbitration or submission agreement is received by the AAA R 2 Name of Tribunal Any tribunal constituted by the parties for the settlement of their dispute under these rules shall be called the Construction Industry Arbitration Tribunal R 3 Administrator and Delegation of Duties When parties agree to arbitrate under these rules or when they provide for arbitration by the AAA and an arbitration is initiated under these rules they thereby authorize the AAA to administer the Arbitration The authority and duties of the AAA are prescribed in the agreement of the parties and in these rules and may be carried out through such of the AAA s representatives as it may direct R-4 National Roster of Neutrals In cooperation with the National Construction Disoute Resolution Committee the AAA shall establish and maintain a National Roster of Construction Neutrals and shall appoint arbitrators as provided in these rules R 5 Regional Offices The AAA may in its discretion assign the administration of an arbitration to any of its regional offices R 6 Initiation under an Arbitration Provision in a Contract Arbitration under an arbitration provision in a contract shall be initiated in the following manner The initiating party (hereinafter claimant) shall within the time period specified in the contract(s) give written notice to the other party (hereinafter respondent) of its intention to arbitrate (demand) which notice shall contain a statement setting forth the nature of the dispute the amount involved if any the remedy sought and the hearing locale requested R 9 Preliminary Matters Administrative Conference At the request of any party or at the discretion of the AAA an administrative conference with the AAA and the parties and/or their representatives will be scheduled in appropriate cases to expedite the arbitration proceedings Preliminary Hearing At the request of any party or at the discretion of the arbitrator or the AAA a preliminary hearing with the parties and/or their representatives and the arbitrator may be scheduled by the arbitrator to specify the issues to be resolved to stipulate to uncontested facts to establish a schedule for hearings and to consider any other matters that will expedite the arbitration proceedings With the consent of the parties the AAA at any stage of the proceeding may arrange a mediation conference under the Construction Industry Mediation Rules The mediation shall proceed in advance of the arbitration unless the parties agree otherwise The mediator August 2005 3 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS shall not be an arbitrator appointed to the case unless otherwise agreed by the parties Where the parties to a pending arbitration agree to mediate under AAA s rules no additional administrative fee is required to initiate the mediation R 10 Exchange of Information Consistent with the expedited nature of arbitration the arbitrator may direct (1) the production of documents and other information and (0) the identification of any witnesses to be called At least two business days prior to the hearing the parties shall exchange copies of all exhibits they intend to submit at the hearing The arbitrator is authorized to resolve any disputes concerning the exchange of information R 12 Qualification of an Arbitrator Any arbitrator appointed pursuant to Section R 13 or selected by mutual choice of the parties or their appointees shall be subject to disqualification for the reasons specified in Section R 19 If the parties specifically so agree in writing the arbitrator shall not be subject to disqualification for those reasons The term arbitrator' in these rules refers to the arbitration Roster of Neutrals whether composed of one or more arbitrators and whether the arbitrators are neutral or party appointed R 13 Appointment from Roster If the parties have not appointed an arbitrator and have not provided any other method of appointment the arbitrator shall be appointed in the following manner immediately after the filing of the submission the AAA shall send simultaneously to each party to the dispute an identical list of names of persons chosen from the Roster of Neutrals Each party to the dispute shall have ten days from the transmittal date in which to strike names objected to number the remaining names in order of preference and return the list to the AAA In a single arbitrator case each party may strike three names on a peremptory basis In a multi arbitrator case each party may strike five names on a peremptory basis If a party does not return the list within the time specified all persons named therein shall be deemed acceptable From among the persons who have been approved on both lists and in accordance with the designated order of mutual preference the AAA shall invite the acceptance of an arbitrator to serve If the parties fail to agree on any of the persons named or if acceptable arbitrators are unable to act or if for any other reason the appointment cannot be made from the submitted lists the AAA shall have the power to make the appointment from among other members of the Roster of Neutrals without the submission of additional lists R 18 Notice to Arbitrator of Appointment Notice of the appointment of the arbitrator whether appointed mutually by the parties or by the AAA shall be sent to the arbitrator by the AAA together with a copy of these rules and the signed acceptance of the arbitrator shall be filed with the AAA prior to the opening of the first hearing R 19 Disclosure and Challenge Procedure Any person appointed as arbitrator shall disclose to the AAA any circumstance likely to affect impartiality including any bias or any financial or personal interest in the result of the arbitration or any past or present relationship with the parties or their representatives Upon receipt of such information from the arbitrator or another source the AAA shall communicate the information to the parties and if it deems it appropriate to do so to the arbitrator and others Upon objection of a party to the continued service of an arbitrator the AAA shall determine whether the arbitrator should be disqualified and shall inform the parties of its decision which shall be conclusive R 20 Vacancies If for any reason an arbitrator is unable to perform the duties of the office the AAA may on proof satisfactory to it declare the office vacant Vacancies shall be filled in accordance with the applicable provisions of these rules In the event of a vacancy in a panel of arbitrators after the hearings have commenced the remaining arbitrator or arbitrators may continue with the hearing unless the parties agree otherwise August 2005 4 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS R 21 Date, Time and Place of Hearing The arbitrator shall set the date time and place for each hearing The AAA shall send a notice of hearing to the parties at least ten days in advance of the hearing date unless otherwise agreed by the parties R 24 Interpreters Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service R 25 Attendance at Hearings The arbitrator shall maintain the privacy of the hearings unless the law provides to the contrary Any person having a direct interest in the arbitration is entitled to attend hearings The arbitrator shall otherwise have the power to require the exclusion of any witness other than a party or other essential person during the testimony of any other witness It shall be discretionary with the arbitrator to determine the propriety of the attendance of any other person R 26 Postponements The arbitrator for good cause shown may postpone any hearing upon the request of a party or upon the agreements of all parties or upon the arbitrator's own initiative R 27 Oaths Before proceeding with the first hearing each arbitrator may take an oath of office and if required by law shall do so The arbitrator may require witnesses to testify under oath administered by any duly qualified person and if it is required by law or requested by any party shall do so R 28 Majority Decision All decisions of the arbitrators must be by a majority The recommendation must be made by a majority unless the concurrence of all is expressly required by the arbitration agreement or by law R 29 Order of Proceedings and Communications with Arbitrator A hearing shall be opened by the filing of the oath of the arbitrator The Claimant shall first present evidence to support its claim The Respondent party shall then present evidence supporting its defense Witnesses shall submit to questions or other examination The arbitrator has the discretion to vary this procedure and shall afford a full and equal opportunity to all parties to be heard Exhibits when offered by either party may be received in evidence by the arbitrator The arbitrator shall control the proceedings with a view to expediting the resolution of the dispute In order to expedite the proceedings the arbitrator may control the order of proof bifurcate proceedings exclude cumulative or irrelevant testimony or evidence and direct the parties to focus the presentation of evidence on decisive issues The arbitrator shall entertain motions including motions that dispose of all or part of a claim or that may expedite the proceedings There shall be no direct communication between the parties and an arbitrator other than at the hearing unless the parties and the arbitrator agree otherwise Any other oral or written communication from the parties to the arbitrator shall be directed to the AAA for transmittal to the arbitrator R 30 Arbitration in the Absence of a Party or Representative Unless the law provides to the contrary the arbitration may proceed in the absence of any party or representative who after due notice fails to be present or fails to obtain a postponement A recommendation shall not be made solely on the default of a party The arbitrator shall require the party who is present to submit such evidence as the arbitrator may require for the making of a recommendation August 2005 5 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS R-31 Evidence and Claim Record CDOT will provide one copy of the claim record for each arbitrator and one copy for the AAA administrative staff The parties may offer such evidence as is relevant and material to the dispute and shall produce such evidence as the arbitrator may deem necessary to an understanding of the dispute and recommendation The arbitrator shall be the judge of the relevance and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary The arbitrator may request offers of proof and may reject evidence deemed by the arbitrator to be cumulative unreliable unnecessary or of slight value compared to the time and expense involved All evidence shall be taken in the presence of all of the arbitrators and all of the parties except where 1) any of the parties is absent in default or has waived the right to be present or 2) the parties and the arbitrators agree otherwise R 32 Evidence by Affidavit The arbitrator may receive and consider the evidence of witnesses by affidavit but shall give it only such weight as the arbitrator deems it is entitled to after consideration of any objection made to its admission R 33 Inspection or Investigation An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall advise the parties by notice transmitted at the hearing or through the AAA of the date and time Any party who so desires may be present at such an inspection or investigation R 35 Closing of a Hearing When satisfied that the presentation of the parties is complete the arbitrator shall declare the hearing closed R 37 Waiver of Oral Hearing The parties may provide by wntten agreement for the waiver of oral hearings If the parties agree to waive oral hearings after the appointment of the arbitrator the consent of the arbitrator must be obtained R 38 Waiver of Rules Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state an objection in writing shall be deemed to have waived the nght to object R 39 Extensions of Time The parties may modify any period of time by mutual agreement The AAA or the arbitrator may for good cause extend any period of time established by these rules except the time for making the recommendation The AAA shall notify the parties of any extension R-41 Time of Recommendation The recommendation shall be made promptly by the arbitrator and unless otherwise agreed by the parties or specified by law no later than 30 days from the date of closing the hearing or if oral hearings have been waived from the date of the AAA s transmittal of the final statements and proofs to the arbitrator R 42 Form of Recommendation The recommendation shall be in wnbng and shall be signed by a majority of the arbitrators The arbitrators shall provide a concise written breakdown and explanation of the recommendation If the arbitrators do not agree the dissenting arbitrator shall also submit a written recommendation August 2005 6 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS R-44 Modification of Recommendation Within twenty (20) days after the transmittal of a recommendation any party upon notice to the other parbes may request the arbitrator to correct any clerical typographical technical or computational errors in the recommendation The arbitrator is not empowered to re- determine the ments of any claim already decided The other parties shall be given ten (10) days to respond to the request The arbitrator shall dispose of the request within twenty (20) days after transmittal by the AAA to the arbitrator of the request and any response thereto If applicable law provides a different procedural time frame that procedure shall be followed R-46 Delivery of Recommendation to Parties Parties shall accept as legal delivery of the recommendation the placing of the recommendation or a true copy thereof in the mail addressed to a party or its representative at the last known address personal service of the recommendation or filing of the recommendation in any other manner that is permitted by law R-47 Release of Documents for Judicial Proceedings The AAA shall upon written request of a party furnish to the party at its expense certified copies of any papers in the AAA s possession that may be required in judicial proceedings related to the arbitration R-48 Applications to Court and Exclusion of Liability (a) No judicial proceeding by a parry relating to the subject matter of the arbitration shall be deemed a waiver of the party s right to arbitrate (b) Neither the AAA nor any arbitrator in a proceeding under these rules is a necessary party in judicial proceedings relating to the arbitration (c) Neither the AAA nor any arbitrator shall be liable to any party for any act or omission in connection with any arbitration conducted under these rules R-49 Administrative Fees As a not for profit organization the AAA shall prescribe filing and other administrative fees and service charges to compensate it for the cost of providing administrative services The fees in effect when the fee or charge is incurred shall be applicable R 50 Expenses The expenses of witnesses for either side shall be paid by the party producing such witnesses All other expenses of the arbitration including required travel and other expenses of the arbitrator AAA representatives and any witness and the cost of any proof produced at the direct request of the arbitrator shall be bome equally by the parties unless they agree otherwise R 51 Neutral Arbitrator's Compensation Arbitrators shall charge a rate consistent with the arbitrator's stated rate of compensation beginning with the first day of hearing If there is a disagreement concerning the terms of compensation an appropriate rate will be established with the arbitrator by the Association and confirmed to the parties Any arrangement for the compensation of a arbitrator shall be made through the AAA and not directly between the parties and the arbitrator August 1 2005 7 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS R 52 Deposits The AAA may require the parties to deposit in advance of any hearings such sums of money as it deems necessary to cover the expense of the arbitration including the arbitrator's fee if any and shall render an accounting to the parties and return any unexpected balance at the conclusion of the case R 53 Interpretation and Application of Rules The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator's powers and duties When there is more than one arbitrator and a difference arises among them concerning the meaning or application of these rules il shall be decided by a majority vote If that is not possible either an arbitrator or a party may refer the question to the AAA for final decision All other rules shall be interpreted and applied by AAA Administrative Fee Schedule The administrative fees of the AAA are based on the amount of the claim Arbitrator compensation is not included in this schedule Filing Fee A nonrefundable filing fee is payable in full when a claim is filed The fee will be paid by CDOT and one half will be charged to the contractor by them The filing fee rate schedule is as follows Amount of Claim Filing Fee Hearing Fee Postponement Fee $20 000 to $50 000 $750 $150 $150 Above $50 000 to $100 000 $1 250 $150 $150 Above $100 000 to $250 000 $2 000 $150 $150 Above $250 000 to $500 000 $3 500 $250 $250 Above $500 000 to $1 000 000 $5 000 $250 $250 Above $1 000 000 to $5 000 000 $7 000 $250 $250 As indicated above when no amount can be stated at the time of filing the minimum filing fee is $2 000 subject to change when the claim is disclosed For any case having three or more arbitrator's the minimum filing fee is $2 000 the hearing fee is $250 per party and postponement fee is $250 The administrative fee for claims in excess of $5 000 000 will be negotiated When a claim is not for a monetary amount an appropriate filing fee will be determined by the AAA PostponementlCancellation Fees The postponement fees indicated above are payable by the party causing a postponement or cancellation of any schedule hearing Hearing Room Rental The Heanng Fees described above do not cover the rental of hearing rooms which are available on a rental basis Check with the administrator for availability and rates June 29 2006 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows In subsection 106 12 delete item (11) of the list following the first paragraph and replace with the following (11)The following certification signed by a person having legal authority to act for the Contractor I hereby certify under penalty of perjury that the material listed in this Certificate of Compliance represents (quantity and units) of pay item (pay item number and Description) that will be installed on project number Contractor Date In subsection 106 12 delete the second paragraph and replace with the following The original Certificate of Compliance shall include the Contractors original signature as directed above and the original signature (including corporate title) under penalty of perjury of a person having legal authority to act for the manufacturer It shall state that the product or assembly to be incorporated into the project has been sampled and tested and the samples have passed all specified tests One copy or facsimile of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material The original shall be provided to the Engineer before payment for the represented item will be made Failure to comply may result in delays to the project or rejection of the materials In subsection 106 13 delete item (11) of the list following the first paragraph and replace with the following (11)The following certification signed by a person having legal authority to act for the Contractor I hereby certify under penalty of perjury that the material listed in this Certified Test Report represents (quantity and units) of pay item (pay item number and Description) that will be installed on project number Contractor Date In subsection 106 13 delete the second paragraph and replace with the following The original Certified Test Report shall include the Contractors original signature as directed above and the original signature (including corporate title) under penalty of perjury of a person having legal authority to act for the manufacturer or the independent testing laboratory It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and tested and the samples have passed all specified tests One copy or facsimile of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material The original shall be provided to the Engineer before payment for the represented item will be made Failure to comply may result in delays to the project or rejection of the materials August 2005 1 REVISION OF SECTION 107 PROJECT SAFETY PLANNING Section 107 of the Standard Specifications is hereby revised for this project as follows Delete subsection 107 06 and replace with the following 107 06 Safety Health and Sanitation Provisions (a) Contractor Responsibilities The Contractor shall ensure compliance with applicable Federal State and local laws rules regulations and guidelines governing safety health and sanitation including but not limited to the Project Safety Management Plan (Plan) described below the Occupational Safety and Health Act 29 CFR 1910 29 CFR 1926 Mine Safety and Health Administration (MSHA) Title 30 CFR the Colorado Work Zone Best Practices Safety Guide national consensus standards and the Drug Free Workplace Act (Public Law 100 690 Title V subtitle D 41 USC 701 at seq ) The Contractor shall provide all safeguards safety devices and protective equipment and shall take all other actions necessary to protect the life safety and health of persons working at or visiting the project site and of the public and property in connection with the performance of the work covered by the Contract In the case of conflicting requirements the more stringent of the requirements shall apply The Contractor shall require that all operations and work practices by Contractor subcontractors suppliers and Department personnel comply with the provisions of the Plan (b) Safety Officer Prior to the start of construction the Contractor shall designate a Safety Officer and an alternate who shall be responsible for the coordination of safety activities and preparation and implementation of the Plan (c) Competent Persons Prior to the start of construction the Contractor shall designate at least one competent person for each of the construction activities being completed Construction activities and safety considerations that must be addressed shall include but are not limited to lead abatement hearing protection respiratory protection rigging assured grounding scaffolding fall protection cranes trenching and excavating steel erection underground construction (including caissons and cofferdams) demolition blasting and the use of explosives stairways and ladders asbestos and confined space The appropriate competent persons shall be present on the project site at all times during construction activities A competent person is an individual who by way of training experience or combination thereof is knowledgeable of applicable standards is capable of identifying existing and predictable workplace hazards relating to a specific construction activity is designated by the employer and has authority to take appropriate actions (d) Project Safety Management Plan Prior to the start of construction the Contractor shall prepare a written Project Safety Management Plan (Plan) which shall be specific to the project The Plan shall include (1) Designation of a Safety Officer and an alternate and competent persons for each construction activity as described above (2) A list of all significant and/or high risk construction activities and safety considerations as described above and a hazard assessment for each (3) Direction as to whether engineering administrative personal protection measures training or a combination thereof shall be implemented to address the hazards identified in (2) above (4) Provisions for field safety meetings The Contractor shall conduct field safety meetings at the frequency specified in the Plan once per week at a minimum The Contractor shall encourage participation by all persons working at the project site Participants at these meetings shall discuss specific construction activities for that work period results from safety inspections required personal protective equipment and all other necessary safety precautions (5) Provisions for project safety meetings The Contractor shall conduct project safety meetings to discuss accidents incidents safety goals near misses and results of safety inspections The Contractor shall notify the Engineer of the time date and location of these meetings shall require participation by all persons (including Department personnel) working at the project site and shall track attendance through sign up lists (6) Procedures for assuring compliance by subcontractors suppliers and authorized visitors to the project In addition the Plan shall specify the measures that will be taken to discourage unauthorized personnel from entering the site August 2005 2 REVISION OF SECTION 107 PROJECT SAFETY PLANNING (7) Procedures to be followed in cases where workers are suspected of drug or alcohol impairment (8) Provisions for project safety inspections The Contractor shall conduct regular project safety inspections at the frequency specified in the Plan once per month at a minimum The Contractor shall maintain documentation on the project site including the date of these inspections the findings and the corrective measures taken to address the findings (9) Procedures to be followed to correct violations of the Plan by any personnel (10) The notification investigation and implementation procedures that the Contractor shall follow in the case of a safety stand down (11) The Contractor's certification as follows By authorized signature below (Contractor name). hereinafter referred to as the Contractor' hereby certifies that this Project Safety Management Plan (Plan) complies with and meets applicable Federal State and local laws rules regulations and guidelines governing safety health and sanitation including but not limited to the Occupational Safety and Health Act 29 CFR 1910 29 CFR 1926 Mine Safety and Health Administration (MSHA) Title 30 CFR the Colorado Work Zone Best Practices Safety Guide national consensus standards and the Drug Free Workplace Act (Public Law 100 690 Title V subtitle D 41 USC 701 at seq ) All operations and work practices of the Contractor will comply with this Plan The Contractor requires that all subcontractors suppliers and Department personnel comply with this Plan (Signature of Contractor s Safety Officer or alternate) The Contractor shall submit the Plan to the Engineer for the project records and shall provide updates to the Plan as necessary An up to date copy of the Plan shall be on the project site in the Contractors possession at all times (e) Project Safety & Health Requirements All personnel on the project site shall wear the following personal protective equipment (PPE) at all times when in the State Highway Right of Way except when in their vehicles (1) Head protection and high visibility apparel reflectorized for night use and footwear all of which shall comply with the latest appropriate national consensus standards (2) All other PPE that is stipulated by the Plan All PPE shall comply with the latest appropriate national consensus standards (f) Safety Stand Down The Engineer may immediately suspend all or part of any work in the case of an accident (including property damage) or catastrophe (three or more persons hospitalized in a single incident) or other situation presenting an imminent danger to life or health such as a near miss violation of the Plan and/or presence of a hazardous situation In the case of a worksite fatality directly related to the Contractors or any subcontractors work operations the safety stand down shall be mandatory In the case of a traffic fatality unrelated to a work zone incident in the opinion of the Engineer the safety stand down will not be mandatory During any mandatory safety stand down due to a fatality all work on the project shall cease except that work deemed necessary by the Engineer to immediately correct unsafe conditions The Contractor shall be allowed to resume operations only after providing documentation certified by the Safety Officer or alternate regarding the corrective actions taken to prevent recurrence The Contractor may be granted a non compensable excusable delay up to three days for the period of time during which no work was pursued due to each safety stand down 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 Rev 10/20/07 Section 00100 Page 9 August 1 2005 3 REVISION OF SECTION 107 PROJECT SAFETY PLANNING (g) Regulatory Enforcement Actions The Contractor shall provide written notifications of all Regulatory agency actions relating to safety to the Engineer All costs associated with the preparation and implementation of the Plan and complying with all safety health and sanitation provisions and requirements will not be measured and paid for separately but shall be included in the work August 2005 I REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows Delete subsection 107 15 and replace with the following 107 15 Responsibility for Damage Claims, Insurance Types and Coverage Limits The Contractor shall indemnify and save harmless the Department its officers and employees from suits actions or claims of any type or character brought because of any and all injuries or damage received or sustained by any person persons or property on account of the operations of the Contractor or failure to comply with the provisions of the Contract or on account of or in consequence of neglect of the Contractor in safeguarding the work or through use of unacceptable materials in constructing the work or because of any act or omission neglect or misconduct of the Contractor or because of any claims or amounts recovered from any infringements of patent trademark or copyright unless the design device material or process involved is specifically required by the Contract or from any claims or amounts arising or recovered under the Workers Compensation Act or other law ordinance order or decree The Department may retain as much of any moneys due the Contractor under any Contract as may be determined by the Department to be in the public interest (a) The Contractor shall obtain and maintain at all times during the term of this Contract insurance in the following kinds and amounts (1) Workers Compensation Insurance as required by state statute and Employer's Liability Insurance covering all of Contractors employees acting within the course and scope of their employment (2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent covering premises operations fire damage independent Contractors products and completed operations blanket contractual liability personal injury and advertising liability with minimum limits as follows (i) $1 000 000 each occurrence (u) $2 000 000 general aggregate (uQ $2 000 000 products and completed operations aggregate and (iv) $50 000 any one fire (v) Completed Operations coverage shall be provided for a minimum period of one year following final acceptance of work If any aggregate limit is reduced below $1 000 000 because of claims made or paid the Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision (3) Automobile Liability Insurance covering any auto (including owned hired and non owned autos) with a minimum limit as follows $1 000 000 each accident combined single limit (4) Professional liability insurance with minimum limits of liability of not less than $1 000 000 Each Claim and $1 000 000 Annual Aggregate for both the Contractor or any subcontractors when (i) Contract items 625 629 or both are included in the Contract (u) Plans specifications and submittals are required to be signed and sealed by the Contractors Professional Engineer including but not limited to (A) Shop drawings and working drawings as described in subsection 105 02 (B) Mix Designs August 1 2005 2 REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS INSURANCE TYPES AND COVERAGE LIMITS (C) Contractor performed design work as required by the plans and specifications (D) Change Orders (E) Approved Value Engineering Change Proposals (w) The Contractor and any included subcontractor shall renew and maintain Professional Liability Insurance as outlined above for a minimum of one year following final acceptance of work (5) Umbrella or Excess Liability Insurance with minimum limits of $1 000 000 This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted The Policy shall be written on an Occurrence form and shall be following form of the primary The following form Excess Liability shall include CDOT as an additional insured (b) CDOT shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies Completed operations additional insured coverage shall be on endorsements CG 2010 11185 CG 2037 or equivalent Coverage required of the contract will be primary over any insurance or self insurance program carried by the State of Colorado (c) The Insurance shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to CDOT by certified mad (d) The Contractor will require all insurance policies in any way related to the contract and secured and maintained by the Contractor to include clauses stating that each carner will waive all rights of recovery under subrogation or otherwise against CDOT its agencies institutions organizations officers agents employees and volunteers (a) All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to CDOT (f) The Contractor shall provide certificates showing insurance coverage required by this contract to CDOT prior to execution of the contract No later than 15 days prior to the expiration date of any such coverage the Contractor shall deliver CDOT certificates of insurance evidencing renewals thereof At any time during the term of this contract CDOT may request in writing and the Contractor shall thereupon within ten days supply to CDOT evidence satisfactory to CDOT of compliance with the provisions of this section (g) Notwithstanding subsection 107 15(a) if the Contractor is a public entity within the meaning of the Colorado Governmental Immunity Act CRS 24 10 101 at seq as amended ( Act) the Contractor shall at all times during the term of this contract maintain only such liability insurance by commercial policy or self insurance as is necessary to meet its liabilities under the Act Upon request by CDOT the Contractor shall show proof of such insurance satisfactory to CDOT Public entity Contractors are not required to name CDOT as an Additional Insured (h) When the Contractor requires a subcontractor to obtain insurance coverage the types and minimum limits of this coverage may be different than those required as stated above for the Contractor except for the Commercial General Liability Additional Insured endorsement and those that qualify as needing Professional Liability Insurance Apnl12 2007 REVISION OF SECTION 107 TON MILE TAX Section 107 of the Standard Specifications is hereby revised for this project as follows In subsection 107 02 delete the third paragraph November 30 2006 REVISION OF SECTION 109 FUEL COST ADJUSTMENT Section 109 of the Standard Specifications is hereby revised for this project as follows Subsection 109 06 shall include the following (h) Fuel Cost Adjustments Contract price adjustments will be made to reflect increases or decreases in the prices of gasoline diesel and other fuels from those in effect during the month in which bids were received for the Contract When bidding the Contractor shall specify on the Form 85 whether the price adjustment will apply to the Contract After bids are submitted the Contractor will not be given any other opportunity to accept or reject this adjustment If the Contractor fails to indicate a choice on the Form 85 the price adjustment will not apply to the Contract If the fuel cost adjustment is accepted by the Contractor the adjustment will be made in accordance with the following criteria 1 Price adjustments will be based on the fuel price index established by the Department on the first working day of each month The index will be the rate posted by the Oil Price Information Service (OPIS) on the first working day of the month for Denver No 2 Diesel The rate used will be the OPIS Average taken from the OPIS Standard Rack table for Ultra Low Sulfur w/Lubncity Gross Prices (ULS column) expressed in dollars per gallon and rounded to two decimal places 2 Price adjustments will be paid on a monthly basis with the following conditions A Payment will be based on the pay quantities on the monthly partial pay estimate for the following pay items for which fuel factors have been established 202-Removal of Asphalt Mat (Planing) 0 006 Galt$Y/Inch depth 203 Excavation (muck unclassified) Embankment Borrow 0 29 Gal/CY 203-Excavation (rock) 0 39 Gal/CY 206 Structure Excavation and Backfill [applies only to quantities 0 29 Gal/CY paid for by separate bid item no adjustment will be made for pay items that include structure excavation & backfill such as RCP(CIP)] 304 Aggregate Base Course (if ABC is paid for by the CY) (if 0 85 Gal/CY ABC is paid for by the ton convert to CY by multiplying the quantity in tons by 0 557) 307 Lime Treated Subgrade 0 12 Gal/SY 310 Full Depth Reclamation 0 06 Gal/SY 403 Hot Mix Asphalt (HMA) 2 47 Gal/Ton 403 Stone Mastic Asphalt 2 47 Gal/Ton 405 Heating and Scarifying Treatment 0 44 Gal/SY 406 Cold Bituminous Pavement Recycle 0 01 Gal/SY/Inch depth 412 Portland Cement Concrete Pavement 0 03 Gal/SY/Inch thickness B A price adjustment will be made only when the current fuel price index varies by more than 5 percent from the price index at the time of bid and only for that portion of the variance in excess of 5 percent Price adjustments may be either positive or negative dollar amounts C No fuel price adjustments will be made for any partial estimate falling wholly after the expiration of contract time November30 2006 2 REVISION OF SECTION 109 FUEL COST ADJUSTMENT D Adjustment formula EP greater than BP FA = (EP — 1 05 BP)(Q)(FF) EP less than BP FA = (EP — 0 95 BP)(Q)(FF) Where BP = Fuel price index for the month in which bids are opened EP = Fuel price index for the month in which the partial estimate pay penod ends FA = Adjustment for fuel costs in dollars FF = Fuel usage factor for the pay item Q = Pay quantity for the pay item on the monthly partial pay estimate Note When they pay item is based on area and the rate of fuel use varies with thickness Q should be determined by multiplying the area by the thickness For example for 1000 square yards of 8 inch concrete pavement Q should be 8000 E No adjustment will be allowed for the quantity of any item that is left in place at no pay The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown No adjustment will be made for fuel costs on items other than those shown The factors shown are aggregate adjustments for all types of fuels used including but not limited to gasoline diesel propane and burner fuel No additional adjustments will be made for any type of fuel Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item Fuel Cost Adjustment Fuel cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor August 1 2005 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this protect as follows In subsection 109 01 following paragraph 15 add the following The Engineer will randomly verify the accuracy of the certified weigher on every protect where the weights are manually entered on the scale ticket This verification will consist of at least one comparison check on the protect Additional verification checks maybe required as determined by the Engineer The Engineer will randomly select a loaded truck after the truck has been issued a scale ticket by the certified weigher The loaded truck will then be reweighed in the presence of the Engineer on the same scale and the weight compared with the weight on the scale ticket Reweighed loads shall be within the tolerance of 200 pounds plus or minus The Engineer will also verify the accuracy of computerized scales Computerized scales are scales that automatically print weights on the scale ticket This verification will consist of at least one comparison check when the protect requires more than 2500 tons of matenal to be weighed This comparison check shall be made by reweighmg a loaded vehicle The Contractor shall either provide a second certified scale or select a second certified scale in the vicinity to be used for the comparison check Comparison checks shall be performed using the following procedures (1) Hopper Scale A loaded truck will be randomly selected by the Engineer The loaded truck shall be weighed on a certified platform scale to record the gross weight The truck shall be unloaded and weighed again on the same scale to record the tare weight The tare weight shall be subtracted from the gross weight and compared against the net weight recorded on the scale ticket (2) Platform Scales A loaded truck will be randomly selected by the Engineer The loaded truck shall be reweighed on a second certified scale and the gross weight shall be compared against the gross weight on the first scale ticket Should a comparison check reveal a weight difference of more than one percent a second comparison check shall be performed immediately If the weight differences of both companson checks exceed the one percent limit the Contractor shall immediately stop weighing and the scale shall be recertified and resealed at the Contractors expense The necessary adjustments as indicated by the recertification will be made to all scale tickets issued since the last certification or on the entire project whichever occurred later unless the Contractor demonstrates to the satisfaction of the Engineer that the defect in the scale was present for a lesser penod of time If it is necessary to recertify a scale and more than 2500 tons of material remain to be weighed another scale comparison check shall be made All comparison checks shall be made at the Contractors expense September 2 2005 REVISION OF SECTIONS 614 AND 630 RETROREFLECTIVE SIGN SHEETING Sections 614 and 630 of the Standard Specifications are hereby revised for this project as follows In subsection 614 04 first paragraph delete the second sentence and replace with the following Retroreflective sheeting shall be Type III as defined in the CDOT Retroreflective Sheeting Materials Guide and shall conform to subsections 713 04 and 713 06 when applicable In subsection 614 04 delete the second paragraph and replace with the following Retroreflective sheeting for all signs requiring a yellow background shall be Type Fluorescent In subsection 630 02 delete the third and fourth paragraphs including Table 630 1 and replace with the following Retroreflective sign sheeting types shall be as defined in the CDOT Retroreflective Sheeting Materials Guide Retroreflective sheeting shall be one of the types specified for the particular application in Table 630 1 Retroreflective sheeting for all signs requiring an orange or yellow background shall be Type Fluorescent Table 630 1 RETROREFLECTIVE SHEETING TYPES Apn17 2006 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows Subsection 630 10 shall include the following after the first paragraph The Contractors Superintendent and all others serving in a similar supervisory capacity shall have completed a CDOT approved two-day Traffic Control Supervisor training as offered by the CCA The one day ATSSA Traffic Control Technician (TCT) training along with the two day ATSSA Traffic Control Supervisor training will serve as an alternate If the alternate is chosen the Contractor shall provide written evidence that at least an 80 percent score was achieved in both of the two training classes The certifications of completion or certifications of achievement for all appropriate staff shall be submitted to the Engineer at the preconstruction conference In subsection 630 15 delete the fifth paragraph and replace with the following The Contractor shall agree to quantities for the following items on a weekly basis when signing the Form 7 Traffic Control Management Day Flagging Hour bNR��y� n 460 1 Z t k e r Apn17 2006 REVISION OF SECTION 630 METHOD OF HANDLING TRAFFIC Section 630 of the Standard Specifications is hereby revised for this project as follows In subsection 630 09 (8) delete Table 630 2 and replace with the following Table 630-2 VERTICAL CLEARANCES TO STRUCTURES OUnderpasses ighway Railway Under asses Overhead Wires Rural Arterial Urban Arterial 6 Feet 23 Fee? 3 Freeways Vertical clearance to sign trusses and pedestrian overpasses shall be 17 feet 2 Measured from top of rail to bottom of highway structure All railway clearances are subject to the individual railroad s approval 3 Communication and power lines of 0 to 750 volts 18 Feet 750 to 22 000 volts 20 Feet 22 000 to 50 000 volts 22 Feet For voltages over 50 000 volts increase clearance '/2 inch for each 1000 volts SECTION 00300 BID FORM August2 2007 REVISION OF SECTION 630 NCHRP 350 REQUIREMENTS Section 630 of the Standard Specifications is hereby revised for this project as follows In subsection 630 01 first paragraph delete the second sentence In subsection 630 08 delete the second paragraph and replace with the following Work zone devices designated by FHWA as Category 1 II or III shall meet NCHRP 350 requirements Devices designated as Category IV including but not limited to portable or trader -mounted devices such as flashing arrow panels temporary traffic signals area lighting supports and changeable message signs are not required to meet NCHRP 350 requirements Except for Category IV devices the Contractor shall obtain and present to the Engineer the manufacturers written NCHRP 350 certification for each work zone device before it is first used on the project June 7 2007 REVISION OF SECTION 630 PAYMENT FOR CONSTRUCTION TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised for this project as follows In subsection 630 15 delete the second paragraph and replace with the following Construction traffic control devices as determined by the project Traffic Control Plan (TCP) will be paid for as follows 50 percent of the accepted amount upon first utilization an additional 40 percent of the accepted amount when 75 percent of the original contract amount has been earned and the final 10 percent when the project has been completed in accordance with subsection 105 20 exclusive of any maintenance penods The percent of original contract amount earned will be determined by comparing the amount earned for bid items other than traffic control devices and mobilization with the original contract amount minus the amounts bid for traffic control devices and mobilization August 2005 REVISION OF SECTION 630 PORTABLE SIGN STORAGE Section 630 of the Standard Specifications is hereby revised for this project as follows In subsection 630 12 first paragraph delete the fifth sentence and replace with the following When storing portable signs or supports within the protect they shall be removed beyond the clear zone and shall not be visible to traffic All storage areas shall be approved The minimum clear zone distance shall be 18 feet measured from the edge of traveled way If the signs cannot be stored at least 18 feet from the traveled way they shall be removed Signs shall not be stored on the paved surface August 2005 1 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) The Bidders attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth herein The goals and timetables for minority and female participation expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction work in the covered area are as follows Goals and Timetable for Minority Utilization Timetable Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area SMSA Involved 157 2080 Denver Boulder Adams Arapahoe Boulder Denver (Denver) Douglas Gilpin Jefferson 13 8% 2670 Fort Collins Larimer 6 9% 3060 Greeley Weld 13 1 % Non SMSA Counties Cheyenne Clear Creek Elbert Grand Kit Carson Logan Morgan Park Phillips Sedgwick Summit Washington & Yuma 12 8% 158 1720 Colorado Springs El Paso Teller 10 9% (Colo Spgs 6560 Pueblo Pueblo 27 5% Pueblo) Non SMSA Counties Alamosa Baca Bent Chaffee Coneios Costilla Crowley Custer Fremont Huerfano Kiowa Lake Las Ammas Lincoln Mineral Otero Prowers Rio Grande Sa uache 19 0% 159 Non SMSA Archuleta Delta Dolores Eagle (Grand Junction) Garfield Gunnison Hinsdale La Plata Mesa Moffat Montezuma Montrose Ouray Pitkin Rio Blanco Routt San Juan San Miguel 10 2% 156 (Cheyenne Non SMSA Jackson County Colorado 7 5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION Until Further Notice 6 9% Statewide August 2005 2 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractors construction work (whether or not it is Federal or federally assisted) performed in the covered area If the Contractor performs construction work in a geographical area located outside of the covered area it shall apply the goals established for such geographical area where the work is actually performed With regard to this second area the Contractor also is subject to the goals for both its federally involved and non -federally involved construction The Contractors compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4 3(a) and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its protects The transfer of minority or female employees or trainees from Contractor to Contractor or from protect to protect for the sole purpose of meeting the Contractors goals shall be a violation of the contract the Executive Order and the regulations in 41 CFR Par 60 4 Compliance with the goals will be measured against the total work hours performed The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10 000 at any tier for construction work under the contract resulting from this solicitation The notification shall list the name address and telephone number of the subcontractor employer identification number estimated dollar amount of the subcontract estimated starting and completion dates of the subcontract and the geographical area in which the contract is to be performed 4 As used in this specification and in the contract resulting from this solicitation the covered area is the county or counties shown on the Invitation for Bids and on the plans In cases where the work is in two or more counties covered by differing percentage goals the highest percentage will govern August 2005 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1 As used in these Specifications a Covered area means the geographical area described in the solicitation from which this contract resulted b Director" means Director Office of Federal Contract Compliance Programs United States Department of Labor or any person to whom the Director delegates authority c Employer identification number means the Federal Social Security number used on the Employers Quarterly Federal Tax Return U S Treasury Department Form 941 d Minority includes (1) Black (all persons having ongins in any of the Black African racial groups not of Hispanic origin) (n) Hispanic (all persons of Mexican Puerto Rican Cuban Central or South American or other Spanish Culture or origin regardless of race) (ni) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East Southeast Asia the Indian Subcontinent or the Pacific Islands) and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification) 2 Whenever the Contractor or any Subcontractor at any tier subcontracts a portion of the work involving any construction trade it shall physically include in each subcontract in excess of $10 000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted If the Contractor is participating (pursuant to 41 CFR 60 4 5) in a Hometown Plan approved by the U S Department of Labor in the covered area either individually or through an association its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractors or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables 4 The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified August 2005 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractors obligations under these specifications Executive Order 11246 or the regulations promulgated pursuant thereto 6 In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training subject to the availability of employment opportunities Trainees must be trained pursuant to training programs approved by the U S Department of Labor 7 The Contractor shall take specific affirmative actions to ensure equal employment opportunity The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following a Ensure and maintain a working environment free of harassment intimidation and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work The Contractor where possible will assign two or more women to each construction protect The Contractor shall specifically ensure that all foremen superintendents and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment with specific attention to minority or female individuals working at such sites or in such facilities b Establish and maintain a current list of minority and female recruitment sources provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available and maintain a record of the organization s responses c Maintain a current file of the names addresses and telephone numbers of each minority and female off -the street applicant and minority or female referral from a union a recruitment source of community organization and of what action was taken with respect to each individual If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or if referred not employed by the Contractor this shall be documented in the file with the reason therefor along with whatever additional actions the Contractor may have taken d Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor or when he Contractor has other information that the union referral process has impeded the Contractors efforts to meet its obligations e Develop on the job training opportunities and/or participate in training programs for the area which expressly include minorities and women including upgrading programs and apprenticeship and trainee programs relevant to the Contractors employment needs especially those programs funded or approved by the Department of Labor The Contractor shall provide notice of these programs to the sources compiled under 7b above f Disseminate the Contractors EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations by including it in any policy manual and collective bargaining agreement by publicizing it in the company newspaper annual report etc by specific review of the policy with all management personnel and with all minority and female employees at least once a year and by posting the Contractors EEO policy on bulletin boards accessible to all employees at each location where construction work is performed August 2005 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g Review at least annually the Contractors EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring assignment layoff termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents General Foreman etc prior to the initiation of construction work at any job site A wntten record shall be made and maintained identifying the time and place of these meetings persons attending subject matter discussed and disposition of the subject matter h Disseminate the Contractors EEO policy externally by including it in any advertising in the news media specifically including minority and female news media and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business i Direct its recruitment efforts both oral and written to minority female and community organizations to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source the Contractor shall send written notification to organizations such as the above describing the openings screening procedures and tests to be used in the selection process j Encourage present minority and female employees to recruit other minority persons and women and where reasonable provide after school summer and vacation employment to minority and female youth both on the site and in other areas of a Contractors workforce k Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 3 1 Conduct at least annually an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for through appropriate training etc such opportunities m Ensure that seniority practices job classifications work assignments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractors obligations under these specifications are being carried out n Ensure that all facilities and Contractors activities are nonsegregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes o Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers including circulation of solicitations to minority and female contractor associations and other business associations p Conduct a review at least annually of all supervisors adherence to and performance under the Contractors EEO policies and affirmative action obligation August 2005 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p) The efforts of a contractor association joint contractor union contractor community or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry ensures that the concrete benefits of the program are reflected in the Contractors minority and female workforce participation makes a good faith effort to meet its individual goal and timetables and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor The obligation to comply however is the Contractors and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance A single goal for minorities and a separate single goal for women have been established The Contractor however is required to provide equal employment opportunity and to take affirmative action for all minority groups both male and female and all women both minority and non minority Consequently the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example even thought the Contractor has achieved its goals for women generally the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized) 10 The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race color religion sex or national origin 11 The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246 12 The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause including suspension termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246 as amended and its implementing regulations by the Office of Federal Contract Compliance Programs Any Contractor who fads to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246 as amended 13 The Contractor in fulfilling its obligations under these specifications shall implement specific affirmative action steps at least as extensive as those standards prescribed in paragraph 7 of these specifications so as to achieve maximum results from its efforts to ensure equal employment opportunity If the Contractor fails to comply with the requirements of the Executive Order the implementing regulations or these specifications the Director shall proceed in accordance with 41 CFR 60-4 8 14 The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out to submit reports relating to the provisions hereof as may be required by the Government and to keep records Records shall at least include for each employee the name address telephone numbers construction trade union affiliation if any employee identification number when assigned social security number race sex status (e g mechanic apprentice trainee helper or laborer) dates of changes in status hours worked per week in the indicated trade rate of pay and locations at which the work was performed Records shall be maintained in an easily understandable and retrievable form however to the degree that existing records satisfy this requirement contractors shall not be required to maintain separate records 15 Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e g those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program) August 2005 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES 1 General Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract Provisions (Form FHWA 1273 or 1316 as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23 U S C as established by Section 22 of the Federal -Aid highway Act of 1968 The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions b The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract The Contractor and all his/her subcontractors holding subcontracts not including material suppliers of $10 000 or more will comply with the following minimum specific requirement activities of equal employment opportunity (The equal employment opportunity requirements of Executive Order 11246 as set forth in Volume 6 Chapter 4 Section 1 Subsection 1 of the Federal Aid Highway Program Manual are applicable to material suppliers as well as contractors and subcontractors ) The Contractor will include these requirements in every subcontract of $10 000 or more with such modification of language as is necessary to make them binding on the subcontractor 2 Equal Employment Opportunity Policy The Contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race color religion sex or national origin and to promote the full realization of equal employment opportunity through a positive continuing program It is the policy of this Company to assure that applicants are employed and that employees are treated during employment without regard to their race religion sex color or national origin Such action shall include 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 preapprenticeship and/or on the job training 3 Equal Employment Opportunity Officer The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so 4 Dissemination of Policy a All members of the Contractors staff who are authorized to hire supervise promote and discharge employees or who recommend such action or who are substantially involved in such action will be made fully cognizant of and will implement the Contractors equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment To ensure that the above agreement will be met the following actions will be taken as a minimum (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months at which time the Contractors equal employment opportunity policy and its implementation will be reviewed and explained The meetings will be conducted by the EEO Officer or other knowledgeable company official SECTION 00300 BID FORM PROJECT 6075 Trolley Brick Restoration Project Place GLH CQ'stLCtu)n, IM Date 1 In compliance with your Invitation to Bid dated Nuvdmr 15 _, 2007 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 Y/ ($ ) 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 hh�.s PrIrhno 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 1 through Revlazo/07 Section 00300 Page 1 Augustl 2005 8 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official covering all major aspects of the Contractors equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractors procedures for locating and hiring minority group employees In order to make the Contractor's equal employment opportunity policy known to all employees prospective employees and potential sources of employees i e schools employment agencies labor unions (where appropriate) college placement officers etc the Contractor will take the following actions (1) Notices and posters setting forth the Contractors equal employment opportunity policy will be placed in areas readily accessible to employees applicants for employment and potential employees (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings employee handbooks or other appropriate means 5 Recruitment a When advertising for employees the Contractor will include in all advertisements for employees the notation An Equal Opportunity Employer All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived The Contractor will unless precluded by a valid bargaining agreement conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants including but not limited to State employment agencies schools colleges and minority group organizations To meet this requirement the Contractor will through his EEO Officer identify sources of potential minority group employees and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals he is expected to observe the provisions of that agreement to the extent that the system permits the Contractors compliance with equal employment opportunity contract provisions (The U S Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women or obligates the Contractor to do the same such implementation violates Executive Order 11246 as amended ) The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees In addition information and procedures with regard to referring minority group applicants will be discussed with employees Personnel Actions Wages working conditions and employee benefits shall be established and administered and personnel actions of every type including hiring upgrading promotion transfer demotion layoff and termination shall be taken without regard to race color religion sex or national origin The following procedures shall be followed a The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel August 1 2005 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices c The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination Where evidence is found the Contractor will promptly take corrective action If the review indicates that the discrimination may extend beyond the actions reviewed such corrective action shall include all affected persons d The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract will attempt to resolve such complaints and will take appropriate corrective action within a reasonable time If the investigation indicates that the discrimination may affect persons other than the complainant such corrective action shall include such other persons Upon completion of each investigation the Contractor will inform every complainant of all of his avenues of appeal 7 Training and Promotion a The Contractor will assist in locating qualifying and increasing the skills of minority group and women employees and applicants for employment b Consistent with the Contractors work force requirements and as permissible under Federal and State regulations the Contractor shall make full use of training programs i e apprenticeship and on -the job training programs for the geographical area of contract performance Where feasible 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training c The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each d The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion 8 Unions If the Contractor relies in whole or in part upon unions as a source of employees the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions and to effect referrals by such unions of minority and female employees Actions by the Contractor either directly or thorough a contractors association acting as agent will include the procedures set forth below The Contractor will use best efforts to develop in cooperation with the unions joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment b The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race color religion sex or national origin c The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information August 2005 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement the Contractor will through independent recruitment efforts fill the employment vacancies without regard to race color religion sex or national origin making full efforts to obtain qualified and/or qualifiable minority group persons and women (The U S Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral faded to refer minority employees ) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246 as amended and these special provisions such Contractor shall immediately notify the State highway agency 9 Subcontracting a The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees Contractors shall obtain lists of minority owned construction firms from State highway agency personnel The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations 10 Records and Reports The Contractor will keep such records as are necessary to determine compliance with the Contractors equal employment opportunity obligations The records kept by the Contractor will be designed to indicate (1) The number of minority and nonmmonty group members and women employed in each work classification on the project (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force) (3) The progress and efforts being made in locating hiring training qualifying and upgrading minority and female employees and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees b All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration c The Contractors will submit an annual report to the State highway agency each July for the duration of the project indicating the number of minority women and non minority group employees currently engaged in each work classification required by the contract work This information is to be reported on Form PR 1391 December 8 2005 1 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (a) Definitions and Procedures For this protect the following terms are defined 1 Disadvantaged Business Enterprise (DBE) A small business concern that is certified as being A At least 51 percent owned by one or more socially and economically disadvantaged individuals or in the case of any publicly owned business at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals and B Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it C Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is (1) Any individual whom the Colorado Department of Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) finds to be a socially and economically disadvantaged individual (2) Any individual in the following groups members of which are rebuttably presumed to be socially and economically disadvantaged a Black Americans which includes persons having origins in any of the Black racial groups of Africa b Hispanic Americans which includes persons of Mexican Puerto Rican Cuban Dominican Central or South American or other Spanish or Portuguese culture or origin regardless of race c Native Americans which includes persons who are American Indians Eskimos Aleuts or Native Hawaiians d Asian Pacific Americans which includes persons whose origins are from Japan China Taiwan Korea Burma (Myanmar) Vietnam Laos Cambodia (Kampuchea) Thailand Malaysia Indonesia the Philippines Brunei Samoa Guam the U S Trust Territories of the Pacific Islands (Republic of Palau) the Commonwealth of the Northern Marianas Islands Macao Fiji Tonga Kirbati Juvalu Nauru Federated States of Micronesia or Hong Kong e Subcontinent Asian Americans which includes persons whose origins are from India Pakistan Bangladesh Bhutan the Maldives Islands Nepal or Sri Lanka f Women which means females of any ethnicity g Other which means any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration (SBA) at such time as the SBA designation becomes effective and/or individuals who have been determined to be socially and economically disadvantaged based on the criteria for social and economic disadvantage 2 Underutilized DBE (UDBE) A firm which meets the definition of DBE above and is eligible to meet the contract goal as defined in the project special provision titled Contract Goal 3 DBE Joint Venture Joint venture means an association of a DBE firm and one or more other firms to carry out a single for profit business enterprise for which the parties combine their property capital efforts skills and knowledge and in which the DBE is responsible for a distinct clearly defined portion of the work of the contract and whose share in the capital contribution control management risks and profits of the joint venture are commensurate with its ownership interest December 8 2005 2 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS A DBE joint venture must be certified as a joint venture by the Business Programs Office at CDOT A For those projects set -aside for bidding by UDBEs only all of the partners in a joint venture must be UDBEs and certification of the joint venture will not be required B For all projects other than the set aside projects discussed in A above one of the partners in a joint venture must be a DBE The DBE percentage of the joint venture will be determined at the time of certification 4 Contract Goal The goal for UDBE participation that the Department determines should appropriately be met by the successful bidder Contract goal will be the percentage stated in the invitation for bids and in the project special provisions Successful bidders that are awarded a Contract based on good faith efforts shall continue to make good faith efforts through the period of time that work on the project is in process to provide for additional UDBE participation toward meeting the goal Good Faith Efforts It is the obligation of the bidder to make good faith efforts to meet the contract goal prior to the bid opening The bidder can demonstrate that it has done so either by meeting the contract goal or by documenting good faith efforts made CDOT will evaluate only the good faith efforts made by the contractor pnor to the bid opening Any UDBE Participation submitted on Form 715 that exceeds the participation submitted on Form 714 will be accepted as additional UDBE participation but will not be counted as Good Faith Efforts and will not exempt a contractor from fulfilling the Good Faith Efforts requirements The apparent low bidder shall report all efforts made including but not limited to the efforts required on Form 718 The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain UDBE participation sufficient to meet the DBE contract goal In determining whether a bidder has made good faith efforts CDOT may take into account the performance of other bidders in meeting the contract For example when the apparent successful bidder fails to meet the contract goal but others meet it CDOT may reasonably raise the question of whether with additional reasonable efforts the apparent successful bidder could have met the goal If the apparent successful bidder fails to meet the goal but meets or exceeds the average UDBE participation obtained by other bidders CDOT may view this in conjunction with other factors as evidence of the apparent successful bidder having made good faith efforts The Business Programs Office with the DBE Liaison s Approval will notify the apparent low bidder by fax regarding any deficiencies in the documentation and effort demonstrated by the bidder This fax will include the Business Programs Office s recommendation to the DBE Liaison Officer regarding whether the good faith effort demonstrated was sufficient for the bidder to be regarded as responsible If the bidder may be regarded as responsible but with minor deficiencies in its good faith effort the bidder will be expected to correct any deficiencies noted prior to bidding on other CDOT projects Within five working days of being informed by the Business Programs Office that it is not a responsible bidder because it has not documented sufficient good faith efforts a bidder may request administrative reconsideration from the Good Faith Efforts (GFE) Committee which will not have played any role in the original determination that the bidder did not document sufficient good faith efforts The bidder should make this request to Good Faith Efforts Committee Fax 303 757 9019 Phone 303 757 9234 As part of this reconsideration the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so The bidder will also have the opportunity to meet in person with CDOT s GFE Committee to discuss the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so The Business Programs Office with the DBE Liaisons Approval will send the bidder a written decision on reconsideration explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts prior to the bid opening to do so December 8 2005 3 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS The GFE Review Committee will make a recommendation to the DBE Liaison Officer The DBE Liaison Officer will review the good faith efforts documentation and the recommendation of the GFE Review Committee determine whether the required efforts are sufficient for award and notify the Chief Engineer of this finding The Chief Engineer will make the final decision regarding award There will be no administrative appeal of the Chief Engineers decision If award of the Contract is made based on the Contractors good faith efforts the goal will not be waived The Contractor will be expected to continue to make good faith efforts as described below throughout the duration of the Contract To demonstrate Good Faith Efforts to meet the contract goal throughout the performance of the Contract the Contractor shall document to the CDOT Region Civil Rights Professional the steps taken on Form 205 For each subcontract item not identified for DBE participation on Form 718 steps the Contractor must take include but are not limited to the following A Seek out and consider UDBEs as potential subcontractors (1) Contact all UDBEs for each category of work that is being subcontracted (2) Affirmatively solicit their interest capability and price quotations (3) Provide equal time for all prospective subcontractors to prepare their proposals (4) Provide at least as much time to UDBEs in assisting them to prepare their bids for subcontract work as to non UDBE subcontractors (5) Award subcontracts to UDBEs where their quotations are reasonably competitive with other quotations received B Maintain documentation of UDBEs contacted and their responses (1) Maintain a list of UDBEs contacted as prospective subcontractors (2) Maintain thorough documentation of criteria used to select each subcontractor (3) Where a UDBE expressed an interest in a subcontract and made a quotation and where the work was not awarded to a UDBE furnish a detailed letter explaining the reasons (b) Certification as a DBE by the Department 1 Any contractor may apply to the Colorado Department of Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) for status as a DBE Application shall be made on the USDOT s Uniform Certification Application Form as provided by these agencies for certification of DBEs Application need not be made in connection with a particular bid Only work contracted to UDBE contractors or subcontracted to UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications 2 It shall be the Contractor's responsibility to submit applications so that the certifying agency has sufficient time to render decisions The certifying agency will review applications in a timely manner but is not committed to render decisions about a firm s DBE status within any given period of time 3 The Department will publish an online directory of DBE contractors vendors and suppliers for the purpose of providing a reference source to assist any bidder in identifying DBEs and UDBEs Bidders will be solely responsible for verifying the Certification of DBEs they intend to use prior to submitting a proposal The directory is updated daily by the certifying agencies and is accessible online at http //www dot state co us/app_ucp/ 4 Bidders shall exercise their own judgments in selecting any subcontractor to perform any portion of the work 5 Permission for a DBE/non DBE joint venture to bid on a specific project may be obtained from the Business Programs Office based on information provided by the proposed joint venture on Form 893 Information For Determining DBE Participation When A Joint Venture Includes A DBE Joint applications should be submitted well in advance of bid openings 4 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (c) Bidding Requirements December 8 2005 All bidders shall submit with their proposals a fully executed Form 714 including a list of the names of their UDBE subcontractors to meet the contract goal The apparent low bidder shall submit a fully executed Form 715 for each UDBE used to meet the contract goal (sample attached) no later than 4 00 p m on the third work day after the date of bid opening to the Business Programs Office in the Center for Equal Opportunity Form 715 may be submitted by FAX at Fax number (303)757 9019 with an original copy to follow If the contract goal is not met the apparent low bidder shall submit a completed Form 718 and corresponding evidence of good faith efforts no later than 4 00 on the day following the bid opening to the Business Programs Office in the Center for Equal Opportunity CDOT Form No 718 may be submitted by FAX at Fax number (303)757 9019 with an original copy to follow A copy of Form 718 is incorporated into this specification 2 The award of Contract if awarded will be made to the lowest responsible bidder that will meet or exceed the contract goal or if the goal will not be met is able to demonstrate that good faith efforts were made to meet the goal Good faith efforts are explained in (a) of this special provision 3 The use of the UDBE firms named on Form 714 or on a Form 715 for the items of work described is a condition of award The replacement of a named UDBE firm will be allowed only as provided for in (a) of this special provision Failure to comply will constitute grounds for default and termination of the Contract 4 Contractors DBE Obligation The prime Contractor bidding on construction projects advertised by the Department agrees to ensure that Disadvantaged Business Enterprises (DBEs) as defined in this special provision have equal opportunity to participate in the performance of contracts or subcontracts financed in whole or in part with Federal or State funds The prime Contractor shall not discriminate on the basis of race color national origin or sex in the bidding process or the performance of contracts To ensure that UDBEs are offered equal opportunity to participate in the performance of contracts it is the responsibility of the prime Contractor to offer and to provide assistance to UDBEs related to the UDBE performance of the subcontract However the UDBE must independently perform a commercially useful function on the project (d) Counting DBE Participation Toward Contract Goals and CDOT s annual DBE goal 1 Once a firm has been certified as a DBE the total dollar amount of the contract awarded to the firm shall be counted toward CDOT s annual DBE goal and the contract goal as explained below and as modified for the project in the project special provisions titled Contract Goal 2 The actual dollar total of a proposed subcontract supply or service contract with any DBE firm shall be reported to the Department using Form 713 A Form 713 for subcontracts is to be submitted with the Form 205 and receipt will be a condition of approval The eligibility of a proposed DBE subcontractor will be finally established based on the firm s status at the time of Form 205 approval A Form 713 for a supply or service contract is to be submitted once a contract has been fully executed so the Department will be able to report the DBE participation in a timely manner The eligibility of a DBE supplier or service firm will be finally established as of the date the Form 713 is received by the Department A Form 205 is not required for a supply or service contract If a firm becomes certified as a DBE during performance under a fully executed contract with CDOT but prior to the DBE performing any work then 100 percent of the work performed by the firm under that contract may be claimed as eligible work 3 The Contractor may count toward its contract goal the percentage of the total dollar amount of a contract with a Department certified joint venture that equals the percentage of the ownership and control of the UDBE partner in a joint venture December 8 2005 5 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 4 A The Contractor may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract A DBE is considered to be performing a commercially useful function by actually performing managing and supervising the work involved To determine whether a DBE is performing a commercially useful function the Department will evaluate the amount of work subcontracted work performed solely by the DBE industry practices and other relevant factors B A DBE may enter into subcontracts consistent with normal industry practices If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved the DBE shall be presumed not to be performing a commercially useful function The DBE may present evidence to rebut this presumption to the Department The Contractor may count toward its contract goal the percentage of expenditures for transportation services obtained from UDBE trucking firms provided the UDBE controls the trucking operations for which it seeks credit A UDBE trucking firm must have at least one truck and driver of its own but it can lease trucks owned by others both DBEs and non -DBEs including owner operators For work done with its own trucks and drivers and for work done with DBE lessees the UDBE trucking firm receives credit for all transportation services provided For work done with non DBE lessees the UDBE trucking firm gets credit only for the fees or commissions it receives for arranging the transportation services because the services themselves are being performed by non DBEs 6 The Contractor may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies A The Contractor may count 100 percent of its expenditures to a UDBE manufacturer A DBE manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor The Contractor may count 60 percent of its expenditures to UDBE suppliers (regular dealers) that are not manufacturers provided that the DBE supplier performs a commercially useful function in the supply process A DBE supplier (regular dealer) is a certified firm that owns operates or maintains a store warehouse or other establishment in which the materials or supplies required for the performance of the Contract are bought kept in stock and regularly sold to the public in the usual course of business To be a supplier (regular dealer) the firm must engage in as its principal business and in its own name the purchase and sale of the products in question A supplier in such bulk items as steel cement gravel stone and petroleum products need not keep such products in stock if it owns or operates distribution equipment Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section C The Contractor may count toward its contract goal the following expenditures to UDBE firms that are not manufacturers or suppliers (regular dealers) (1) The fees or commissions charged for providing a bona fide service such as professional technical consultant or managerial services and assistance in the procurement of essential personnel facilities equipment materials or supplies required for performance of the Contract provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services (2) The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler trucker or delivery service is not also the manufacturer of or a supplier of the materials and supplies provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services December 8 2005 6 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services To determine the goals achieved under this Contract the participation as described in (d) of this special provision shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance The Contractor shall maintain records of payment that show amounts paid to all DBEs Upon completion of the project the Contractor shall submit a Form 17 listing all DBEs that participated In this Contract the subcontract tier number of each and the dollar amount paid to each This dollar amount shall Include payments made by nonDBE subcontractors to DBE subcontractors The Contractor shall certify the amount paid which may be audited by the Department When there Is no participation by DBEs the Contractor shall submit a Form 17 that indicates no participation and gives reasons why there was no participation CDOT will not count the participation of a DBE subcontractor toward the prime contractors UDBE achievements or CDOT s overall DBE goal until the amount being counted toward the goal has been paid to the DBE (a) Replacement of UDBE Subcontractors used to meet the contract goal Based upon a showing of good cause the Contractor may request that a UDBE named on Form 714 or on a Form 715 be replaced with another UDBE pursuant to the terms and conditions of this special provision In the event that the Contractor is able to both document the need and to offer a replacement UDBE who can perform the work at a reasonable cost the CDOT Region Civil Rights Professional will approve the replacement at no additional cost to the Department Replacements will be allowed only with prior written approval of the Region Civil Rights Professional 1 If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract the Contractor shall furnish to the Region Civil Rights Professional the following A Written permission of the named UDBE Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Contractor B A full written disclosure of the circumstances making it impossible for the Contractor to comply with the condition of award C Documentation of the Contractors assistance to the UDBE named on Form 714 or on Form 715 D Copies of any pertinent correspondence and documented verbal communications between the Contractor and the named UDBE E Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts It is within the control of the Contractor to locate prior to award DBEs that offer reasonable prices and that could reasonably be expected to perform the work For this reason increased cost shall not by itself be considered sufficient reason for not providing an in kind replacement 2 In the event a UDBE subcontractor begins to prosecute the work and is unable to satisfactorily complete performance of the work the Contractor shall furnish to the Region Civil Rights Professional the following A Documentation that the subject UDBE subcontractor did not perform in a satisfactory manner B Documentation of the Contractor s assistance to the UDBE subcontractor prior to finding the UDBE subcontractor in default C A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Contractor December 8 2005 7 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS D Copy of the contract between the Contractor and the UDBE subcontractor plus any modifications thereto E Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts In the event the Contractor is able to locate a replacement UDBE who can perform work at a reasonable cost to the Contractor and also demonstrates to the satisfaction of the Department that prior to bid it had reason to believe that the named UDBE firm was responsible and not expected to default the Department may modify or renegotiate the Contract to compensate the Contractor for any reasonable extra costs because of a higher price in the proposal of the replacement UDBE subcontractor than that of the original UDBE subcontractor who failed to perform Provided however that the Department will not be obligated to participate in any increased cost to the Contractor if the UDBE that fads to perform has a recent history of performance failure or default that was either known or should have been known to the Contractor prior to award 3 If the Contractor is unable to locate a UDBE replacement that is both interested in and capable of performing the work at a reasonable cost the Department may waive the requirement that the work be performed by a UDBE and the Contractor shall provide for the satisfactory completion of the work at no additional cost to the Department (f) Sanctions It is the obligation of the Contractor to provide DBE firms with equal opportunity to participate in the performance of the work It is the responsibility of DBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program and in substantial compliance with the terms and conditions of these DBE definitions and requirements DBE firms which fail to perform a commercially useful function as described in subsection (d) of these DBE definitions and requirements or operate in a manner which is not consistent with the intent of the DBE program may be subject to revocation of certification A finding by the Department that the Contractor has faded to comply with the terms and conditions of these DBE definitions and requirements shall constitute sufficient grounds for default and termination of the Contract in accordance with subsection 108 09 of the specifications Attachments Form 714 Form 715 Form 718 BID SCHEDULE (Base Bid) ]esarigtion Xhut contract Quantity cot]G'kxact Goat unit Puce Tot _move Concrete SF 5265 $ $ o-move and Salvage Existing Bricks SF 2625 $ 243 $ 6378 7 classified Excavation CY 75 $ 76 59 $ 57442 3,ggregate Base Course (Class 5) TON 185 $ 3831 $ 7087 3 pply New Trolley Bricks - Material Only SF 6500 $ 5 34 $ 34710 0 Cnstall Brack Trolley Roadbed SF 7890 $ 422 $ 33295 &( balizataon LS 1 $ 10273 24 $ 10273 2' Craffac Control LS 1 $ 7700 OD $ w C( 7 TAL COST 1C9769 94 Dc C e f xdmd ILne Iv send Sen Anhrod Sixty bhne a-d 94/10D Bad Total in Words Cndavadual Doing Business an Company Name CLH Cb sUmtam, Inc rporation avgpry L Homes, President -_rtnershap w-7 Section 00300 Page 1 COLORADO DEPARTMENT OF TRANSPORTATION Project# UNDERUTILIZED DBE (UDBE) BID Location CONDITIONS ASSURANCE Instructions Contractor Complete and submit this form with your bid Report only Underubl¢ed DBE (UDBE) participation percentages which qualify under me convaa goal specmcaoon Tor mis project it is important to review k:uu i rorm 9175 instructions tSthum: compienng this form POLICY It Is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have equal opportunity to participate In the performance of contracts financed with federal state or local entity funds UNDERUTILIZED DBE PARTICIPATION COMMITMENT 1) Will your company s Underutilized DBE (UDBE) participation meet contract goals? ❑ yes J no 2) Total intended Underutilized DBE (UDBE) percentage amount from Box A below % 3) List the UDBE firms commited work items and eligible UDBE percent of your bid that you are commiting to each UDBE firm name Certification Committed Subcontract Eligible expiration date work item(s) category UDBE %• See Form #715 ❑ Trucker 1 / / ❑ Subcontractor % U Supplier ❑ Broker ❑ Trucker 2 / / ❑ Subcontractor % U Supplier ❑ Broker ❑ Trucker 3 / / L1 Subcontractor % ❑ Supplier ❑ Broker ❑ Trucker 4 / / ❑ Subcontractor % U Supplier U Broker ❑ Trucker 5 / / ❑Subcontractor % U Supplier U Broker Box A Total eligible UDBE percentage amount (Round percentage amounts to the nearest hundredth) Additional instructions on how to calculate the actual eligible amounts and percentages forthe trucker subcontractor supplier and broker categories are available on the COOT Form #715 and in the Counting DBE Participation Toward Contract Goals and COOT s annual DBE goal section ofthe DBE Definitions and Requirements In the Standard Special Provisions I understand that if my company is determined to be the low bidder for the contract on this project I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed on this form to the Transportation Department by 4 00 pm on the third workday after the day bids are opened The actual amounts submitted on each COOT Form #715 must equal or exceed the percentage commitments documented on this form In addition if my company does not meet the DBE/UDBE goal for this project I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before 4 00 pm on the day after bids are opened CDOT Form #715s submitted for firms not included on this form OR for amounts exceeding those listed on this form will be accepted but NOT counted as Good Faith Efforts Only efforts the contractor made prior to the bid opening will count as Good Faith Efforts I understand my obligation to abide by the policy stated above I shall not discriminate on the basis of race color age sex national origin or handicap in the bidding process or the performance of contracts I DECLARE UNDER PENALITY OF PERJURY IN THE SECOND DEGREE AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE ompany name I Date Company officer signature rrevwus editions are obsmete and may not be used CDOT Form #714 1106 COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED Project No UNDERUTILIZED DBE (UDBE) Project Code (SA#) Location Form# of PARTICIPATION Prime Contractor - Send completed/signed form to the Business Programs Office (Instructions on second page) The Eligible UDBE Amounts submitted on this form must equal or exceed the commitment(s) documented on the CDOT Form 714 you submitted with your bid For the complete list of certified DBE/UDBE firms and their DBE work codes go to htt//www dot state co us/a uc / NOTE See 49 CFR part 26 55 and the DBE Definitions and Requirements in the Standard Special Provisions for further information concerning counting DBE participation of truckers subcontractors suppliers and service providers toward the projects UDBE goal PART I — TRUCKING CONTRACT If the UDBE is being used as a trucker for one or more trucking DBE work codes (25500 25505 etc ) then ACTUAL UDBE AMOUNT = Actual contract amount for the transportation services provided by the UDBE firm and any UDBE lessees ELIGIBLE UDBE TRUCKING AMOUNT= L (ACTUAL UDBE AMOUNT) — (Any non UDBE lessee amounts in this contract)" I For work done on this UDBE contract with non UDBE lessees credit toward the project UDBE goal is given only for the broker fees or commissions the UDBE trucker receives for arranging the transportations services because the services themselves are being performed by non UDBEs NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE TRUCKING AMOUNT / / $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR Complete list of work codes is at hdp lAvww dot state co uslapp ucp/ t PART 1 b — SUBCONTRACT o ' e ELIGIBLE UDBE SUBCONTRACTAMOUNT= [ (Actual UDBE contract amoung tB a r amounts in this contract)' ' Work that a UDBE subcontracts to a lower tier non UDBE firm does not court t U pal NAME OF UDBE FIRM CERTIFICATION # 1 TI (i1 VELIGIBLE UDBE SUBCONTRACT AMOUNT is DBE WORK CODE NUMBER(S) THIS UDBE IS BE tj '�` Complete list of work codes is at hrp lhvww dot sl p PART 1c —SUPPLY CON �A 1�, � , V If the supplier is a UDBE with'a"t 60 ram} facturer for the item(s) ELIGIBLE UDBEAIaPP#.*AMO&#1 9..JJ(0AId UDBE contract amount) X 100% if the supplier is a "PE vvrth,a "TyOe* fib of Regular Dealer' for the dem(s) ELIGIBLE UDB PP�'YA T = I (Actual UDBE contract amount) X 60% NOTE If the supplier a with a Type field of Broke for the item(s) use PART I — BROKER I SERVICE CONTRACT NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SUPPLY AMOUNT $ Ll DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR Complete list of work codes is at http bwww dot state co us/app_ucp/ PART 1 d — BROKER / SERVICE CONTRACT If purchasing materials or supplies through a UDBE with a Type field of Broker count only the amount of brokerage commission and/or delivery service fees included in the contract Other examples of services to include in this section are bonding brokering consulting security guards and insurance etc ELIGIBLE UDBE SERVICE FEE AMOUNT= Actual compensation retained by the UDBE brokerlagent for services rendered* ' The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered provided the fee/commission is determined by CDOT to be reasonable and not excessive as compared with fees customarily charged for similar services NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE I ELIGIBLE UDBE SERVICE FEE AMOUNT / / Is DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR Complete list of work codes is at hftp //army dot state co uslapp_ucp/ Original — Business Programs Office Previous editions may not be used CDOT Form 715 — Page 1 of 2 1/06 PART 2 - UDBE PARTICIPATION SUMMARY A) What is the total dollar value of this proposed trucking subcontract supply OR broker/service contract that is eligible for counting toward contract goals? A = [ TOTAL FROM 'ELIGIBLE COLUMNS IN PART 1 ] A> $ NOTE Provide in actual subcontractor dollars and not prime contract prices B) What is the total dollar value of proposed subcontracts that are eligible for counting towards B> $ contract goals from prior sheets/forms? C) What is the accumulative value of proposed subcontracts that are eligible for counting towards contract goals? C> $ C=[A + B] D) What is the original contract bid total? D> $ E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? E=[(C - D) X 100] E> PART 3 - UDBE CONFIRMATION ' } I confirm that my company is participating In this contract as documented in the Pri c nt(s) in PART 1 of this form Only the value of the work that my company is actually performing c t ortn UDBE Firm Name 7 UDBE Representative Signature and Title r' ,, �\ '" N + PART 4 - PRIME • my company has met the clFropoc'sed Kgoalsypr'has submitted a completed CDOT Forth #718 • my company has acmpe UDBE named above • my company s n6SE of the contracted UDBE commitment • my compa ) red UDBE has signed PART 3 of this form • my comparly(s Use b)" o3`6d UDBE for the items of work listed above is a condition of the contract award • my comp y�wdl it proposed UDBE to attend the preconstruction conference • my compa use a substitute UDBE for the proposed UDBE s failure to perform under a fully executed subcontract unless my c y complies with the definitions and requirements section of the DBE Special Provisions • I understand that failure to comply with the information shown on this form will be considered grounds for contract termination I declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made on this document are true and complete to the best of my knowledge Prime Contractor Name Officer Signature and Title Date Prime Contractor 1 An officer of the contractor(s) must complete this form 7 Retain a photocopy for your records 2 Include only DBE fines which meet the underutilized criteria in g Send original to Colorado Department of Transportation the contract goal specification for this project (i a UDBE firms) Business Programs Office 3 Complete only relevant section(s) for PART 1 4201 E Arkansas Ave Ave 4 Ensure that the proposed UDBE has signed PART 3 of this form Denver Colorado 80 222 5 Complete ALL sections of PART 2 and PART 4 FAX (757 6 Submit a separate CDOT Form #715 for EACH proposed UDBE - Business may not COLORADO DEPARTMENT OF TRANSPORTATION Project No Project Code (SA#) UNDERUTILIZED DBE (UDBE) GOOD FAITH Location EFFORT DOCUMENTATION Date No Of Sheets Attached To Forth The Contractor who is the apparent low bidder on a CDOT construction project and has failed to meet the Undemblized DBE (UDBE) contract goal shall use this form to document all good faith efforts that were made prior to bid opening by said Contractor to meet the goal FAILURE TO. FULLY I CLEARLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID Each portion of this form is to be addressed in the space provided or on supplemental sheets that follow the same tabular structure and format outlined below Attach supporting documentation as required by CDOT This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4 00 p m on the day after the day bids are opened This form may be submitted by FAX (303 757 9019) with an original copy to follow An extension may be granted by the DBE Liaison Only the efforts the Contractor made prior to bid opening will count as Good Faith Efforts consistent with the instructions on CDOT Form #714 Complete the following table to document sufficient bid items identified as subcontract work to be performed by UDBEs to achieve the contract goal This includes where appropriate breaking out contract work items into economically feasibly units to facilitate DBE participation even when the Contractor might otherwise prefer to perform these work items with its own forces The total percentage of 11 subcontract items identified for UDBE participation must equal or exceed the percentage UDBE goal set by COOT DBE DIRECTORY WORK CODES � s The DBE Directory can be found online at http //www dot state co uslapp_ucp/ DBE work codes are 5 digit numbers where the 1st digit corresponds to the overall section the code belongs to The tat 3 digits of a DBE work code identify its category DBE work codes ending in 00 represent certification for the entire work code category DBE work codes NOT ending in 00 represent certification in a specific sub category only UDBE CONTRACT GOAL °/ TOTAL CONTRACT °/ II Complete the following table to summarize all outreach efforts made to UDBE firths For each subcontract item identified contact by mail fax phone and/or email 100%of the Colorado certified UDBEs whose DBE work codes match the type of work being solicited and who are marked as CDOT GFE Eligible on the DBE Directory The Contractor shall ensure that initial solicitations allow UDBEs at least 10 calendar days to participate effectively in the bidding process In order to determine with certainty which UDBEs are interested the Contractor is also required to take appropriate steps to follow up initial solicitations (e g regional follow up phone calls etc ) If soliciting by telephone attach a summary telephone log of calls including topic of discussion date time name of person contacted and the response received If soliciting by mail fax and/or email attach one example copy of the letter fax and/or email sent to UDBEs along with a summary log that documents all dates and responses received Letters faxes and/or emads must specifically identify the project the items to be subcontracted and the bid date Letters faxes and/or emails must also provide an address and phone number where specific quantities or details will be available to bidders DBE • 'UPDATES Go to http Ilwww dotstate co us/app_ucp/ and use the Directory Updates" button on the DBE Directory to submit any of the following documented updates on UDBE firms Contact information changes (e g phone and address etc ) CDOT GFE Eligibility" status changes (e g UDBE firth says they don t want to be contacted via GFE solicitations etc) Note In order to verify all updates submdtted CDOT may request additional information from contractors and/or UDBE firms before FEE posting requested changes to the Directory Original Business Programs Office THIS FORM IS CONFIDENTIAL Previous editions may not be used CDOT Form 71S Page 1 of 2 1/06 III Complete the following table to show all subcontract bids received (non UDBE and UDBE) bid dollar amounts for each bid item and the name of the successful bidder Where bundled subcontract bids were received break out quotes per bid item number If the UDBE bids were rejected give reasons for each case If the work is to be counted as a potential UDBE subcontract item the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received Cost alone may not be adequate lusification for failure to use a UDBE bid When anon UDBE bid is significantly lower than a UDBE bid the Contractor may choose to perform the item itself CDOT will determine whether a subcontractors bid is competitive based on factors such as the percentage and dollar difference between quote(s) and/or the percentage the quote(s) represents of the overall contract LJ Li Li El Li IV The efforts required herein are not exhaustive or exclusive Other factors or types of efforts maybe relevant in appropnate cases In determining whether Good Faith Efforts have been made the quantity and quality of the efforts made as well as kinds of efforts made maybe considered List any additional efforts to increase UDBE contract participation such as assisting UDBEs in obtaining bondinglinsurance/lines of credit effectively using the services of community organizations/publications and/or requesting subcontractors to assist with providing UDBE participation Report the results of such efforts Note Advertising in a publication with low UDBE subscription rates wig not be considered as quality efforts by CDOT THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY COOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT Company Name 1Phone Fax Title Printed Name ISIgnature Original Business Programs Office THIS FORM IS CONFIDENTIAL Previous editions may not be used COOT Forth 71S Page 2 of 2 1/06 I U S DEPT OF LABOR DAVIS BACON MINIMUM WAGES COLORADO DATE 10 05 07 GENERAL DECISION NUMBERS CO20070014 AND CO20070015 HIGHWAY CONSTRUCTION Decision Nos CO20070014 and CO20070015 dated February 09 Modifications to 2007 supersedes Decision Nos C0030014 and C0030015 dated MOD 1 04 06 07 Pages 15 1 June 13 2003 MOD 2 0601 07 Pages 1 2 5 & 6 MOD 3 08 03 07 Pages 1 5 2 3 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more MOD 4 09 07 07 Pages 1 5 MOD 5 1005 07 Pages 12 4 4 5 job classifications the higher min man wages and fringe benefits shall apply throughout the project General Decision No CO20070014 applies to the following counties Adams Arapahoe Boulder Denver Douglas El Paso Jefferson Latimer Mesa, Pueblo and Weld counties General Decision No CO20070014 The wage and frtn a benefits listed below reflect ollectively bargained rates Code Classification Basic Hourly Fringe Benefits Last Rate Mod ELECTRICIANS 1200 Electrical work $150 000 or less (Pueblo county) 2214 8 85 + 3% 1201 Electrical work over $150 000 (Pueblo county) 2629 8 85 + 3% 1 1202 Electricians (Adams Arapahoe Boulder Denver Douglas Jefferson Lanmer and Weld counties) 2g 91 10 33 1203 Electricians (El Paso county) 2680 12 00 + 3% 3 1204 Electricians (Mesa county) 2031 856 2 1205 Traffic Signal Installer (Zone 1) 2383 4 75 + 13 75% 4 1206 Traffic Signal Installer (Zone 2) 2683 4 75 + 13 75% 4 Traffic Installer Zone Definitions Zone 1 — Within a 35 mile radius measured from the addresses of the following cities Colorado Springs Nevada & Bijou Denver Ellsworth Avenue & Broadway Ft Collins Prospect & College Grand Junction 12th & North Avenue Pueblo 125 & Highway 50 Zone 2 All work outside these areas POWER EQUIPMENT OPERATORS 1300 Asphalt Screed 2167 822 2 1301 Bituminous or Asphalt Spreader/Laydown Machine 21 67 822 2 1302 Bulldozer 2167 822 2 2 U S DEPT OF LABOR DAVIS BACON MINIMUM WAGES COLORADO DATE 10 05 07 GENERAL DECISION NUMBERS CO20070014 AND CO20070015 HIGHWAY CONSTRUCTION General Decision No CO20070014 The wage and fringe benefits listed below reflect collectively bargained rates Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont) Crane 1305 50 tons and under 2182 822 2 1306 51 to 90 tons 21 97 822 2 1307 91 to 140 tons 22 12 822 2 1308 141 tons and over 2288 822 2 Drill Operator 1309 William MF/Watson 2500 only 2197 822 2 Grader/Blade 1310 Rough 21 67 822 2 1311 Finish 2197 822 2 Loader 1312 Barber Green etc 6 cubic yards and under 2167 822 2 1313 Over 6 cubic yards 21 82 822 2 Mechanic and/or Welder (Includes heavy duty and combination mechanic and welder) 1314 Mechanic and/or Welder 21 82 822 2 1315 Mechanic/Welder (Heavy duty) 2197 822 2 1316 Oiler 2097 822 2 Power Broom 1317 Under 70 HP 2097 822 2 1318 70 HP and over 21 67 822 2 Roller (excluding dirt and soil compaction) 1319 Self propelled rubber tires under 5 tons 21 32 822 2 1320 Self propelled all types over 5 tons 21 67 822 2 Scraper 1321 Single bowl under 40 cubic yards 21 82 822 2 1322 Single bowl including pups 40 cubic yards and tandem bowls and over 2197 822 2 1323 Trackhoe 21 82 822 2 U S DEPT OF LABOR DAVIS BACON MINIMUM WAGES COLORADO DATE 10 05 07 GENERAL DECISION NUMBERS CO20070014 AND CO20070015 HIGHWAY CONSTRUCTION General Decision No CO20070014 The wage and fringe benefits listed below reflect collectively bargained rates Code Classification Basic Hourly Fringe Benefits Last Rate Mod Laborers Asphalt Laborer/Raker Common Laborer 1400 and Concrete Laborer/Mason Tender 1629 425 General Decision No CO20070014 The wage and fringe benefits listed below do not reflect collectively bargained rates 1500 Bricklayers 1555 2 85 Carpenters 1600 Form Work (Excluding curbs and gutters) 1654 390 1601 All other work 1661 3 88 1700 Concrete Finishers/Cement Masons 1605 300 Ironworkers 1900 Reinforcing 1669 545 1901 Bridge Rail (Excludes guardrail) 1822 601 Laborers 2001 Fence Erector (Includes fencing on bridges) 1302 320 2002 Form Work (Curbs and gutters only) 1185 345 2003 Guardrail Erector (Excludes bridgerail) 1289 320 2004 Landscape and Irrigation Laborer 1226 3 16 2005 Pipelayer 13 55 241 2006 Striping Laborer (Pre form layout and removal of pavement markings) 12 62 3 21 2007 Traffic Director/Flagger 955 305 2008 Traffic and Sign Laborer (Sets up barricades and cones and installs permanent signs) 12 43 3 22 PAINTERS 2100 Brush 1694 2 10 2101 Spray 1699 287 POWER EQUIPMENT OPERATORS 2200 Backhoes 1654 424 2201 Bobcat/Skid Loader 1537 4 28 2202 Concrete Pump Operator 1652 430 a U S DEPT OF LABOR DAVIS BACON MINIMUM WAGES COLORADO DATE 10 05 07 GENERAL DECISION NUMBERS CO20070014 AND CO20070015 141aT4WAV C0WRTRn(`TTnM General Decision No CO20070014 The wage and fringe benefits listed below do not reflect collectively bargained rates Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont) Drill Operator 2203 All except William MF/Watson 2500 1674 266 2204 Forklift 1591 409 2205 Rotomill Operator 1622 441 2206 Post Dnver/Punch Machine 1607 441 2207 Tractor 13 13 295 2208 Compactor (Dirt and sod only) 1670 3 30 Groundman (Traffic signalization) 2301 Class C 1144 325 Truck Drivers 2400 Floats Semi Truck 1486 308 2401 Multipurpose Truck — Specialty & Hoisting 1435 349 2402 Truck Mechanic 1691 301 2403 Pickup Truck (Includes Pilot and Sign/Barricade Truck) 1393 368 2405 Single Axle Truck 1424 377 2406 Distributor Truck 1580 527 2407 Dump Truck 2408 14 cubic yards and under 1493 527 2409 15 to 29 cubic yards 15 27 527 2410 30 to 79 cubic yards 1580 527 2411 80 cubic yards and over 1645 527 2412 Low Boy Truck 1725 527 2413 Water Truck 14 93 527 5 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 [29 CFR 5 5(a)(1)(n)] END OF GENERAL DECISION NUMBER CO20070014 5 U S DEPT OF LABOR DAVIS BACON MINIMUM WAGES COLORADO DATE 10 05 07 GENERAL DECISION NUMBERS CO20070014 AND CO20070015 HIGHWAY CONSTRUCTION General Decision No CO070015 applies to the following counties Alamosa Archuleta Baca Bent, Chaffee Cheyenne Clear Creek, Conejos Costilla, Crowley Custer Delta Dolores Eagle Elbert Fremont Garfield Gilpin Grand Gunnison Hinsdale Huerfano Jackson Kiowa Kit Carson La Plata Lake Las Aromas Lincoln Logan Mineral Moffat Montezuma Montrose Morgan Otero Ouray Park Phillips Pitkin Prowers Rio Blanco Rio Grande Roun Saguache San Juan San Miguel, Sedgwick Summit Teller Washington and Yuma counties When work within a project is located in two or more counties and the rmmmum wages and fringe benefits are different for one or more job classifications the higher mmimum wages and fringe benefits shall apply throughout the project General Decision No CO20070015 The wage and fringe benefits listed below reflect collectively bargained rates Code Classification Basic Hourly Fringe Benefits Last Rate Mod ELECTRICIANS (Including traffic signal installation) Electrical work $150 000 or less (Alamosa Archuleta Baca 3200 Bent Chaffee Conejos Costilla Crowley Custer Fremont 22 14 8 85 + 3% Huerfano Kiowa Las Ammas Mineral Otero Prowers Rio Grande and Saguache counties) Electrical work over $150 000 (Alamosa Archuleta Baca 3201 Bent Chaffee Conejos Costilla Crowley Custer Fremont Huerfano Kiowa Las Ammas Mineral Otero Prowers Rio 26 29 8 85 + 3% 1 Grande and Saguache counties) Electricians (Clear Creek Eagle Gilpin Grand Jackson Lake 3202 Logan Morgan Phillips Sedgwick Summit Washington 2891 1033 and Yuma counties) 3203 Electricians (Cheyenne Elbert Kit Carson Lincoln Park and Teller counties) 26 80 12 00+ 3% 3 Electricians (Dolores Garfield Gunnison Hinsdale La Plata 3204 Moffat Montezuma Ouray Pitkin Rio Blanco Routt San Juan 2806 876 2 and San Miguel counties) 3205 Electricians (Delta and Montrose counties) 2031 856 2 3206 Traffic Signal Installer (Zone 1) 23 83 4 75 + 13 75% 4 3207 Traffic Signal Installer (Zone 2) 2683 4 75 + 13 75% 4 Traffic Installer Zone Definitions Zone 1 — Within a 35 mile radius measured from the addresses of the following cities Colorado Springs Nevada & Bijou Denver Ellsworth Avenue & Broadway Ft Collins Prospect & College Grand Junction 12th & North Avenue Pueblo 1 25 & Highway 50 Zone 2 All work outside these areas a ACCEPTANCE OF FUEL COST ADJUSTMENTS Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 - Fuel Cost Adjustment To accept this standard special provision, the bidder must fill in an "X" next to "YES" below No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer "NO" If neither line is marked, the Department will assume the bidder rejects Fuel Cost Adjustments for this project After bids are submitted, bidders will not be given any other opportunity to accept or reject this adjustment (Mark only one line with an "X") X YES, I choose to accept Fuel Cost Adjustments for this project NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project 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 • •' r ��/a 0 Z ignatu te 411 Lvsuknt r�C�'0 Title ON "ollnNo`yl License Number (If Applicable) (Seal - if Bid is by c rporation) Attest Rev 10/20l07 Section 00410 Page 1 6 U S DEPT OF LABOR DAVIS BACON MINIMUM WAGES COLORADO DATE 10 05 07 GENERAL DECISION NUMBERS CO20070014 AND CO20070015 HIGHWAY CONSTRUCTION General Decision No CO20070015 The wage and fringe benefits listed below reflect collectively bargained rates Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS 3300 Bituminous or Asphalt Spreader/Laydown Machine 2167 822 2 3301 Bulldozer 21 67 822 2 Crane 3302 50 tons and under 2182 822 2 3303 51 to 90 tons 2197 822 2 3304 91 to 140 tons 2212 822 2 3305 141 tons and over 2288 822 2 3306 Grade Checker 2182 822 2 Loader 3307 Barber Green etc 6 cubic yards and under 21 67 822 2 3308 Over 6 cubic yards 21 82 822 2 Roller (excluding dirt and soil compaction) 3309 Self propelled rubber tires under 5 tons 21 32 822 2 3310 Self propelled all types over 5 tons 21 67 822 2 3311 Trackhoe 21 82 822 2 3312 Oiler 2097 822 2 3313 Water Wagon 2182 822 2 General Decision No CO20070015 The wage and fringe benefits listed below do not reflect collectively bargained rates Carpenters 3600 Form Building and Setting (Excluding curbs and gutters) 1592 538 3601 All other work 1630 3 71 3700 Concrete Finishers/Cement Masons 1555 2 85 3800 Groundman (Traffic signahzation) 1157 350 Ironworkers 3900 Reinforcing 1694 677 3901 Bridge Rail (Excluding guardrail) 1676 6 01 7 U S DEPT OF LABOR DAVIS BACON MINIMUM WAGES COLORADO DATE 10 05 07 GENERAL DECISION NUMBERS CO20070014 AND CO20070015 J41GT4w Av C0 NCTRT1rTrnN General Decision No CO20070015 The wage and fringe benefits listed below do not reflect collectively bargained rates Code Classification Basic Hourly Fringe Benefits Last Rate Mod Laborers 4000 Asphalt Laborer/Raker 1240 292 4001 Common 1244 3 53 4002 Concrete Laborer/Mason Tender 1244 3 10 4003 Striping Paint Laborer (Pre form layout and removal of pavement markings) 12 90 3 07 4004 Traffic Director/Flagger 942 3 21 4005 Traffic/Sign Laborer (Sets up barricades and cones and installs permanent signs) 12 39 3 20 4007 Guardrail (Excludes bridgerail) 1278 3 31 4008 Formwork (Curbs and gutters only) 1292 454 4009 Landscape Laborer (Including irrigation work) 1221 3 16 Painters 4100 Spray 1754 352 POWER EQUIPMENT OPERATORS 4200 Asphalt Plant 1723 120 4201 Asphalt Screed 1621 376 4202 Backhoe 1642 442 4203 Compactor (Dirt and sod only) 1652 3 13 4204 Grader/Blade 1639 420 4205 Mechanic and or Welder (Includes heavy duty and combination mechanic welder) 16 74 4 20 4206 Post Dnver/Punch Machine 1607 4 41 4207 Rotomill Operator 1628 441 4209 Scraper 1762 3 16 8 U S DEPT OF LABOR DAVIS BACON MINIMUM WAGES COLORADO DATE 10 05 07 GENERAL DECISION NUMBERS CO20070014 AND CO20070015 HIGHWAY CONSTRI ICTION General Decision No CO20070015 The wage and fringe benefits listed below do not reflect collectively bargained rates Code Classification Basic Hourly Fringe Benefits Last Rate Mod Truck Dnvers 4400 Dump 1415 3 83 4401 Low Boy 1507 456 4402 Truck Mechanic 1597 461 4403 Multipurpose Truck Specialty and Hoisting 1460 349 4404 Pickup (Including pilot car) 1404 349 4405 Water Truck 1488 207 4406 Distributor 1580 527 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 [29 CFR 5 5(a)(1)(u)] END OF GENERAL DECISION NUMBER CO20070015 Oversight / NHS FHWA FULL OVERSIGHT? ■ NO 0 YES NATIONAL HIGHWAY SYSTEMS ■ NO 0 YES Other Project Information Project Number STE M455-072 Project Code 15821 i5tructlon rrofeCT Narr TROLLEY BRICK RESTORATION PROJECT DEPARTMENT OF STATE OF As Constructed No RQNBmns. Reread TRANSPORTATION COLORADO HIGHWAY CONSTRUCTION BID PLANS OF PROPOSED FEDERAL AID PROJECT NO STE M455-072 TROLLEY BRICK RESTORATION PROJECT EAST MOUNTAIN AVENUE — CITY OF FORT COLLINS — LARIMER COUNTY CONSTRUCTION PROJECT CODE NO 15821 SHEET IDENTIFICATION SHEET NO INDEX OF SHEETS PROJECT LOCATION MAP 2 PROJECT DESCRIPTION 3 TYPICAL SECTIONS 4 SUMMARY OF APPROXIMATE QUANTITIES 5 TRAFFIC CONTROL PLAN 8-7 STORMWATER MANAGEMENT PLAN 8 Index of Sheets Contractor Protect En meer ERIKA KEETON PROJECT 5gRTED ACCEPTED Poth DOCS Imbols ERK Imbols ERK ENGUSH Project No /I STE M455-072 15821 Sheet 1 As Constructed No Redekna Revised Vold US HIGHWAY 287 Q — o Z END PROJECT STE M455-072 N Z W Vine Dr a 0 E Vine Dr o Laporte Ave 12 W Mulberry St "�sy E Mulberry St BEG N OJEC STE M4 -072 W Prospect Rd E Prospect Rd _ � a "' N W Drake Rd V' F. N Q d d W Horsetooth Rd U E Horsetooth Rd W LO Harmony Rd E Harmony Rd PROJECT LOCATION MAP Computer File Information Project No /Code Creation Date 06/05/07 Inhale ERK Desgner ERK l) Regan 4 Last Modification Dote 10/26 07 Inhale ERK STE M455-072 Detader ERK Unh Leader Wr Full Path I TROLLEY PROJEC BID DOGS 15821 Drawing File Nome: PROJECT LOCATION DWG Aced Ver 2007 Scale NA Unite ENGLISH Sheet 2 No Text As Constructed No Revisiom Reereed Void TYPICAL SECTION EXISTING RAILS AND TIES TO REMAIN RESET NEW AND & BE PROTECTED SALVAGED BRICK ON 1 SAND BED do COMPACTED BASE N + ' _ 4 EXISTING CONCRETE PAVEMENT TO BE PROTECTED TYPICAL SECTION CreCom uter File Information Protect No /Code ation Date 09/07/07 Initgls ERK Desfgmr ERK O Region 4 Last Nodd'aation Date Inhale ERK STE M455-072 Detailer ERK Und Leader WF Full Path I \TROLLEY PROJE BID DOCS 15821 Qmwino Fie Nave TYPICAL SECTION DWG Aced Ver 2007 Scale NA Units ENGUSH Sheet 4 As Constructed No ReWeom Rsvwd Void SUMMARY OF APPROXIMATE QUANTITIES Contract Item No Contract Item Unit Contract By Others Proct Totals Plan As Constructed Plan As Cownwted Plan As Comtracted 20201 Remove Corcretc SF 5265 0 20202 Remove and Selvage Ex tug Bncks SF 2625 0 20301 Umlassided Excavation Cy 75 0 30401 Aggregate Base Course (Class 5) TON 185 0 61001 Supply New Trolley Bncks Matenalonly SF 6500 0 61002 Inetall Buck Troley Roadbed SF 7890 0 62601 Mobdtzatnn LS I 0 630 01 Tm�c Control LS I 0 Force Account Items 700 F/A Mnor Contract Revnnns FA 1 0 700 F/A On the Job Tranee Hour 0 0 700 F/A OJT Colorado Trar ng Program FA 1 0 SUMMARY OF APPROXIMATE QUANTITIES Computer File Information &;o *n Date 09/07/07 Imtmis ERK Project No /Code Designer ERK oI, Region 4 Lot Modification Dote 11 07 07 IndaM ERK STE M455-072 Detader ERK IM& Leader Nrr Full Path I \TROLLEY PROJEC BID DOCS 15821 Drowsto file Name suawrty of APPRoxiMAte GUArmns.DNG Arad Var 2007 Scale NA Unds. ENGUSH Sheet 5 tf� I' TRAFFIC CONTROL PLAN Computer File Information Project No /Ca f:raatan Dote 09/07/07 inlab ERK Designer ERK O Regan 4 Lost ModWoation Date Initials ERK STE M455-072 Detaler ERK Unit leader WT Full Path I \TROLLEY PROJEC BID DOGS 15821 Drava File Name TRAFFIC CONTROL PLAN DWG Aood Ver 2007 Scale NA Units ENGLISH Sheet 6 As Constructed No ReWsions Revwd Void FOR INFORMATION ONLY SCHEDULE OF CONSTRUCTION TRAFFIC CONTROL DEVICES TRAFFIC CONTROL DEVICES Computer File Information Project No /Code Croahon Dote 10/29/07 Inhale ERK Designer ERK 07, Region 4 Lad Modd'ewhon Dote 11 07 07 Indiaie ERK STE M455-072 Detmkr ERK Und leader Wr Full Path. 1 \TROLLEY PROJECT\BID DOCS 15621 Draw File Nome r10 TFAFM co111rsOL alMN1111ES DWa Aced Ver 2007 Scale NA Unit& ENGIJSH Sheet 7 SIGNS CODE LEGEND SIGN PANEL SIZE UNIT PANEL SIZE A W20-1 Road Work Ahead 36 x 36 Per Day Per 200 Each W9-3 Left Lane Closed Ahead 36' x 36' Per Day Per 20 Each R9-9 Sidewalk Closed 24' x 12 Per Day Per 200 Each W20-7A Flagger Symbol 36 x 36 Per Day Per 200 Each R3-2 No Left Turn 24 x 24 Per Day Per 120 Each W4 1 5 Left or Right Transition 36' x 36 Per Day Per 80 ach R8 3 No Parking Sign w/ Stand 24 x 24 Per Day Per 200 E Each SIGN TOTALS 1020 OTHER DEVICES REM UNITS QUANTITY Vertical Panel w/o Light Per Day Per Each 1000 Channellzing Drum w/o Light Per Day Per Each 500 Cone with Reflective Strip Per Day Per Each 1000 Light Per Day Per Each 400 Advance Warning Flashing or Sequencing Per Day Per Each 40 Arrow Panel Traffic Control Supennsor Day 20 Flagging Hr 400 SIGNS CODE LEGEND SIGN PANEL SIZE UNIT PANEL SIZE A W20-1 Road Work Ahead 36 x 36 Per Day Per 200 Each W9-3 Left Lane Closed Ahead 36' x 36' Per Day Per 20 Each R9-9 Sidewalk Closed 24' x 12 Per Day Per 200 Each W20-7A Flagger Symbol 36 x 36 Per Day Per 200 Each R3-2 No Left Turn 24 x 24 Per Day Per 120 Each W4 1 5 Left or Right Transition 36' x 36 Per Day Per 80 ach R8 3 No Parking Sign w/ Stand 24 x 24 Per Day Per 200 E Each SIGN TOTALS 1020 OTHER DEVICES REM UNITS QUANTITY Vertical Panel w/o Light Per Day Per Each 1000 Channellzing Drum w/o Light Per Day Per Each 500 Cone with Reflective Strip Per Day Per Each 1000 Light Per Day Per Each 400 Advance Warning Flashing or Sequencing Per Day Per Each 40 Arrow Panel Traffic Control Supennsor Day 20 Flagging Hr 400 OTHER DEVICES REM UNITS QUANTITY Vertical Panel w/o Light Per Day Per Each 1000 Channellzing Drum w/o Light Per Day Per Each 500 Cone with Reflective Strip Per Day Per Each 1000 Light Per Day Per Each 400 Advance Warning Flashing or Sequencing Per Day Per Each 40 Arrow Panel Traffic Control Supennsor Day 20 Flagging Hr 400 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 (LH Consbictun. Inc 2 Permanent main office address 3 When organized :1 .� .- i - •�. 11 :1I 1 4 If a corporation, where incorporated Colorado 5 N 7 e 0 10 How many years have you been engaged in the contracting business under your present firm or trade names 11 vas Contracts on hand (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion ) General character of Work performed by your company Tnfractn�tt.¢2/Lhdagu[rl Utilities Have you ever failed to complete any Work awarded to you> No If so, where and why) Have your ever defaulted on a contracts Nb If so, where and why9 Are you debarred by any government agency? ND If yes list agency name Rev 10/20/07 Section 00420 Page 1 As Constructed No Redsbm DURING CONSTRUCTION Rmsed MATERIALS HANDLING Void 1 ) Material stockpile locations for projects in sensitive areas Any material stockpiles shall be located away from sensitive areas and confined so that no material or their run—off will enter state waters Locations shall be approved by the Engineer in consultation with the Region Environmental Unit 2 ) There shall be no stockpiling or side casting of waste materials including but not limited to paint chips, asphalt and concrete adjacent to any state waters that could potentially result from project activities 3) Containment and cleanup of equipment fuel oil and lubricant leaks Contractor shall inspect and certify equipment and vehicles daily to ensure petroleum, oils and lubricants (POL) are not leaking onto the soil or pavement Absorbent material or containers approved by the Engineer shall be used to prevent leaking POL from reaching the soil or pavement Contractor shall have ready approved absorbent material or containers of sufficient capacity to contain any leak POL that can reasonably be foreseen All materials resulting from POL leakage control and cleanup shall be property of the Contractor and removed from the site The cost for control and cleanup of POL leaks shall not be paid for separately but shall be included in the cost of the work STREET CLEANING 1 ) Whenever sediment is transported onto the roadway the road shall be cleaned as needed Street washing will not be allowed Storm drain inlet protection shall be in place prior to shoveling or sweeping Street cleaning will not be paid for separately GENERAL SITE CONDITIONS 1 ) At the end of each day the Contractor shall be responsible for collecting all trash and disposing of it in appropriate containers Containers shall be emptied as needed CONCRETE WASHOUT 1 ) It is estimated that 0 concrete washout structures shall be required on this protect 2) Contractor is required to use an urban concrete washout for this project Urban concrete washout examples are rigid plastic baby pools wooden boxes lined with heavy duty plastic or waterproof 55 gallon drums Baby pools may be used a maximum of 3 times if not damaged during previous use After use the Contractor shall remove the structure from the project at his own cost and dispose of properly off site Cost of baby pools and maintenance of the baby pools will not be paid for separately, but shall be included in the cost of the work STORMWATER MANAGEMENT PLAN Computer File Information Project No /Code Crwtwn Dot, 09/07/07 Indials ERK Designer ERK b. Re"n 4 Lag Modiricotwn Dote 10/29/07 IndbM ERK STE M455-072 Full Polh I \TROLLEY PROEJ BID DOCS DetaAer ERK Umt Lwder Wr 15821 Dram Fik Name STORMWATER MANAGEMENT DWG Acad Ver 2007 Swie NA Units ENGLISH Sheet 8 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 Attad-ed 13 Experience in construction Work similar in importance to this project Attad-Ed 14 Background and experience of the principal members of your organization, including officers Attadlied 15 Credit available $ 10 nilim + 16 Bank reference Bak of Choice 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'S yes If yes, in what city, county and state? Q)JCA19d0, panajs QLtles What class, license and numbers> 19 Do you anticipate subcontracting Work under this Contract's Vx If yes, what percent of total contract's and to whom's NordOojcrado Mmffic Cmtml 20 Are any lawsuits pending against you or your firm at this time) Np IF yes, DETAIL Rev 10/20ro7 Section 00420 Page 2 COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATION OF EEO COMPLIANCE Instructions Bidders and subcontractors must complete and submit this form with bid proposals for federally funded contracts greaterthan $10 000 This is required by the Equal Employment Opportunity Regulations [41 CFR 60 1 7(b) (1)] The regulation also requires that if you have participated in a previous contractor subcontract and have not filed a Standard Form 100 (EEO 1) you cannot be awarded this contract You may file a report covering the delinquent period for consideration by the Federal Highway Administration or the Director of the Office of Federal Contract Compliance U S Department of Labor The Standard Form 100 (EEO-1) may be requested from the Joint Reporting Committee P O Box 779 Norfolk VA 23501 (757)461 1213 1 ❑ Yes ❑ No I have developed and have on file at each establishment an affirmative action program as required by 41 CFR Chapter 60 Part 60 2 2 ❑ Yes ❑ No I have participated in a previous contract/subcontract subject to the equal opportunity clause 3 ❑ Yes ❑ No I have filed with the Joint Reporting Committee the Director or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements I declare under penalty of perjury in the second degree and any other applicable state or federal laws that the state ments made in this document are true and complete to the best of my knowledge Company ❑ bidder ❑ proposed subcontractor By Title Date COOT Form #U7 11/ 21 What are the limits of your public liabilityP DETAIL What company's 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 6th day of DEcertEr 2007 CTH metnr. imp Uh. Name of Bidders}�' By Title p t Kim € MONAHAN �r State of Colar-adp t x 'bs AhyC� County of 'Abm > Gxgu L. Homes being duly sworn deposes and says that he is president of G H Cmstncticn. Inc and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct Subscribed and sworn to enfo^re me this 6th day of Liner 2007 Notary Public My commission expires 06/28/10 Rev 10/20/07 Section 00420 Page 3 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 00430 Page 1 Bond Number COC49611 GLH Construction Inc & Merchants KNOW ALL MEN BY THESE PRESENTS that we, the under-ig ned Bonding Company (Mutual) as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ 5% of Attached Bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns rHL CONDITION of this obligation is such that whereas the Principal has submitted to the C.Lty 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, 6075 Trolley Brick Restoration Project NOW THEREFORE, (a) If said Bad 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 Bad) 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 Rev Iormo7 Section 00410 Page 3 Bond Number COC49611 IN WTTNE33 WHEREOF, the Principal and the 3utety have hereunto bet their hands and Seals this 5th day of December , 1007, and such of them ds are corporations have caused their corporate seals to be hereto ai£ixed and these presents to by signed by their proper officers, the day and year first set forth above PRINCIPAL Name GLH Construction Inc Address 780 E Garden Drive Windsor CO 80550 Sy _ Title Gre ry L Hughes wner ATTE By SURETY Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines [A 50321 B 668E w Title arole Peters AttorneyFm"r"`_a,..".�js1 i a77 o- •" ^�daf Y, t OZA a n [w T f �.� ♦J �� f+jJ4nr9a^" 3 Ly. ^ (SEAL) x � Rev 10120W7 Section 00410 Page 4 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents that the MERCHANTS BONDING COMPANY (MUTUAL) a corporation duly organized under the laws of the State of Iowa and having its principal office in the City of Des Moines County of Polk State of Iowa hath made constituted and appointed and does by these presents make constdute and appoint Mike Schmitt Velene Schmitt Karole Peters Of Greeley and State of Colorado its true and lawful Attorney In Fad with full power and authority hereby conferred in its name place and stead to sign execute acknowledge and deliver In its behalf as surety any and all bonds undertakings recegnizances or other written obligations in the nature thereof subject to the limitation that any such instrument shall not exceed the amount of FOUR MILLION ($ 4,000,000 00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL) and all the acts of said Attorney in Fact pursuant to the authority herein given are hereby ratified and confirmed This Power -of Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16 2002 ARTICLE II SECTION 8 The Chairman of the Board or President or any Vice President or Secretary shall have power and authority, to appoint Attorneys in Fact and to authorize them to execute on behalf of the Company and attach the Seal of the Company thereto bonds and undertakings recegnizances contracts of indemnity and other wrifings obligatory in the nature thereof ARTICLE If SECTION 9 The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond undertaking recognizance or other suretyship obligations of the Company and such signature and seal when so used shall have the same force and effect as though manually fixed In Witness Whereof MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 16th day of January 2006 STATE OF IOWA COUNTY OF POLK as �014 co • 0 G p%POq 9 . 4f y< 2 0- o y 1933 c JQq� � \1acti MERCHANTS BONDING COMPANY (MUTUAL) By /,e,,z7 7,7,,e- President On this i 6th day of January 2006 before me appeared Larry Taylor to me personally known who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) the corporation described in the foregoing instrument and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said Instrument was signed and sealed in behalf of said Corporation by authority of Its Board of Directors In Testimony Whereof I have hereunto set my hand and affixed my Official Seal at the City of Des Moines Iowa the day and year first above written CINDY 3MYTH Commission Number 773604 MyComilon Ex March 16Y008lna WWW^^^ Notary Public Polk County Iowa STATE OF 10 WA COUNTY OF POLK as I William Warner Jr Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) do hereby certify that the above and foregoing is a true and correct copy of the POWER OF ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL) which is still in full force and effect and has not been amended or revoked In Witness Whereof I have hereunto set my hand and affixed the seal of the Company on this 6th day of December 2007 . 013 Co* ,•�O�ppPOq z 2 -O � ^: a 1933 c secretary POA 0001 (1/06) duly \1a COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATION OF EEO COMPLIANCE Instructions Bidders and subcontractors must complete and submit this form with bid proposals for federally funded contracts greater than $10 000 This is required by the Equal Employment Opportunity Regulations [41 CFR 60 1 7(b) (1)] The regulation also requires that if you have participated in a previous contract or subcontract and have not filed a Standard Form 100 (EEO 1) you cannot be awarded this contract You may file a report covering the delinquent penod for consideration by the Federal Highway Administration or the Director of the Office of Federal Contract Compliance U S Department of Labor The Standard Form 100 (EEO 1) may be requested from the Joint Reporting Committee P O Box 779 Norfolk VA 23501 (757)461 1213 1 T1 Yes ❑ No I have developed and have on file at each establishment an affirmative action program as required by 41 CFR Chapter 60 Part 60 2 2 ❑ Yes ❑ No I have participated in a previous contract/subcontract subject to the equal opportunity clause 3 ❑ Yes ❑ No I have filed with the Joint Reporting Committee the Director or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements I declare under penalty of perjury in the second degree and any other applicable state or federal laws that the state ments made in this document are true and complete to the best of my knowledge Company CTH CQ'15tILCilOr1 EX bidder ❑ proposed subcontractor By Tiue I Date Secretary/Amets[Ker 17/2007 CDOT Form NJ47 III" COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO ANTI -COLLUSION AFFIDAVIT LOCATION Fort Collam, O7 I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or if not that I have written authorization enclosed herewith from that person to make the statements set out below on his or her behalf and on behalf of my firm I further attest that 1 The price(s) and amount of this bid have been arrived at independently without consultation communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder 2A Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project and will not be so disclosed prior to bid opening 2B Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm 3A No attempt has been made to solicit cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project or to submit a bid higher than the bid of this firm or any intentionally high or non competitive bid or other form of complementary bid 3B No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high noncompetitive or other form of complementary bid on this project 4 The bid of my firm is made in good faith and not pursuant to any consultation communication agreement or discussion with or inducement or solicitation by or from any firm or person to submit any intentionally high noncom petitive or other form of complementary bid 5 My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person or offered promised or paid cash or anything of value to any firm or person whether in connection with this or any other project in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high noncompetitive or other form of complementary bid or agreeing or promising to do so on this project 6 My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person and has not been promised or paid cash or anything of value by any firm or person whether in connection with this or any other project in consideration for my firms submitting any intentionally high noncompetitive or other form of complementary bid or agreeing or promising to do so on this project 7 1 have made a diligent inquiry of all members officers employees and agents of my firm with responsibilities relating to the preparation approval or submission of my firm s bid on this project and have been advised by each of them that he or she has not participated in any communication consultation discussion agreement collusion or other conduct inconsistent with any of the statements and representations made in this affidavit 8 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation of the true facts relating to submission of bids for this contract I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE CCoordr{ractoes lion or company name By Deb The Vindsoic, (D WJJ✓ m[C0 cim r1CJ1s.611t 2ntl corrtreeiors firm or company name (If ignt venture) by Date Title Sworn to before me this 6th day of 1 2007 r No Lc lam e My commimon exp res 06/28/10 i MONAHAN NOTE This document must be signed in ink �� •• ��y • ;�� CDOT Form "N 1M COLORADO DEPARTMENT OF TRANSPORTATION Project No UNDERUTILIZED DBE (UDBE) BID Bid - 6075 CONDITIONS ASSURANCE Location City of Fort OpUim Instructions Contractor- Complete and submit this form with your bid Report only Underutilized DBE (UDBE) participation percentages which qualify under the contract goal specification for this protect POLICY It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have maximum opportunity to artia ate in the performance of contracts financed with federal state or local entity funds UNDERUTILIZED DBE PARTICIPATION COMMITMENT 1) Will your company's Underublized DBE (UDBE) participation commitment meet contract goals? ® Yes ❑ No 2) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below 7 0 % 3 List the UDBE firms committed work items and eli ibla UDBE percent of Your bid that ou are committing to each UDBE FIRM NAME CERTIFICATION COMMITTED SUBCONTRACT ELIGIBLE EXP DATE WORK ITEM(S) CATEGORY UDBE % Norti-Em Galoraio TYaffir- KI Subcontractor 1 1712 1st 11 ).3) 09 U-affir- Cmtcol ❑ Supplier ❑ Broker 7 0 % M ❑ Subcontractor 2 / / ElSupplier ❑Broker % ❑ Subcontractor 3 / j ❑ Supplier El Broker % ❑ Subcontractor 4 ' / ❑ Supplier El Broker % ❑ Subcontractor 5 / j ❑ Supplier ❑ Broker o� ❑ Subcontractor 6 f / ❑ Supplier ❑ Broker o� BOX A TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT Round percentage amounts to the nearest hundredth) 7 * Additional instructions on how to calculate the actual eligible amounts and percentages for the subcontractor supplier and broker categodes are available on the CDOT Form #715 and in the Counting DBE Participation Toward Contract Goals and CDOT s annual DBE goal section of the DBE - Definitions and Requirements in the Standard Special Provisions I understand that if my company is determined to be the low bidder for the contract on this project I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed on this form to the Transportation Department by 4 00 pm the day after the bids are opened The actual amounts submitted on each CDOT Form #715 must equal or exceed the percentage commitments documented on this form In addition if my company does not meet the DBEIUDBE goal for this protect I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before the above stated deadline CDOT Form #715s submitted for firms not Included on this forth OR for amounts exceeding those listed on this form will be accepted but NOT counted as Good Faith Efforts Only the efforts the contractor made rpm to the bid opening will count as Good Faith Efforts I understand my obligation to abide by the policy stated above I shall not discriminate on the basis of race color age sex national origin or handicap In the bidding process or the performance of contracts I DECLARE UNDER PENALITY OF PERJURY IN THE SECOND DEGREE AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE Company Name Date G LH Cc strmitim, IM 17 106 / 07 Company officer Signature _ / / Title Previous etlitiyRs may not be used CDOT Form 714 08104 GLH CONSTRUCTION INC 12/5/2007ate NUMBER YEAR MAKE/MODEL 1 2004 John Deere 330 Excavator (Justin) 2 2006 John Deere 644J Loader (Danny) 3 1986 Sakai SV91TF Roller 4 2006 Hillsboro Tuffloader 20 Trader 5 2004 Ford F-260 Pickup Justin 6 1958 Van Trader/TRL UT2 Dann 7 1997 Sakai SV50OTF Roller (Justin) 8 1993 John Deere 410 D Loader 9 2007 John Deere 722D Motor Grader (Hector) 10 2001 John Deere 644H Loader Dann 11 1998 Eager Beaver Trader 12 1993 A & W Water Truck (Ron) 13 1997 Dodge pickup Shop) 14 1982 GLH Construction Trailer (Justin) 15 2005 John Deere 200CLC Excavator (Hector) 16 2007 John Deere 750JX Dozer 17 2007 John Deere 644J Loader Dave 18 1994 Sakai SV70TF Roller (Ron) 20 2000 John Deere 330 Excavator (Extra) 21 2000 2000 Kenworth Tractor (Shop) 22 1996 John Deere 762B Scraper 23 2006 Interstate Trader (Hector) 24 1999 8 x 18 Flatbed Trader 25 1984 John Deere 762A Scr/Water Tanker 26 2001 Ford 350 (Danny s Field 28 1995 John Deere 410D Backhoe 29 2004 John Deere 624J Wheel Loader (Hector) 31 2004 4 Godwin Pump w/trader 33 2002 John Deere 450CLC Excavator Dann 34 1971 John Deere 510C Backhoe(Shop) 35 1975 1975 International Dump Truck (Shop) 36 2000 Dod a icku(Shop) 38 1999 John Deere 644H Loader Justin 39 1975 H ster Roller Hector 40 2001 Ford F250 Justin s Field 41 1999 John Deere 750C Dozer 42 2002 Ford F250 (Ron) 43 1976 1976 Fruehauf Trader (David) 44 2004 John Deere 330 CL Excavator (David) NUMBER YEAR MAKE/MODEL 45 2001 John Deere 644H Loader (David) 46 1998 Sakai SV500T Roller David 47 1978 John Deere 762 ScrNNater Tanker 48 2002 Ford F250 4WD Ext Cab Hector 49 2002 Ford 350 4WD (David s Field) 50 2002 John Deere 644H Loader (David) 51 2002 John Deere 21OLE Landscape Ldr (Hector) 52 2002 John Deere 772CH II Motorgrader (Ron) 53 1997 Sakai SV70TF Roller Hector 54 2002 John Deere 200C LC Excavator (Ron) 55 2002 John Deere 624H Loader (Ron) 56 1999 John Deere 762B II Scraper (Ron) 57 1999 John Deere 310SE Backhoe 58 2003 Freight Liner Water Truck (Hector) 59 2007 Ford F350 4WD Crew Cab (Danny) 60 2003 Starlite Trader (Ron) 61 1999 Feted Dakota Lube Truck (Keith) 62 2005 Ford F 250 Pickup David 63 1943 International Model M Tractor 64 2001 Ford F550 Service Truck (Corey) 65 66 2004 210 Landscape Loader (Ron) 67 1996 Rosco Tru Pac 915 Compactor (Ron) 68 2001 MQ Power DCA 45 Generator 69 1999 Hitachi 750 Excavator (Danny) 70 71 2004 6 Godwin Pump w/trader 72 2005 Bob Cat S185 Skid Loader 73 1999 John Deere 762B Scraper (Hector) 74 2005 John Deere 644J Loader (Justin) 75 2005 Hillsboro Flatbed Trader 76 2003 HY-PAC C852-C Roller (Danny) 77 2005 1 Hitachi ZX45OLC Excavator (Justin) 78 2005 lJohn Deere 762E Water Tanker 79 2006 Homemade Trailer (Sho 80 2006 Homemade Pi a Trader (Sho 81 2006 6 Godwin Pum w/trailer 82 2006 6 Godwin Pi w/trader 83 1997 John Deere 644G Loader NSTRUCT ON INC \ \pp COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO ANTI -COLLUSION AFFIDAVIT LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or if not that I have written authorization enclosed herewith from that person to make the statements set out below on his or her behalf and on behalf of my firm I further attest that 1 The price(s) and amount of this bid have been arrived at independently without consultation communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder 2A Neither the pnce(s) nor the amount of this bid have been disclosed to any other firm or person who Is a bidder or potential prime bidder on this project and will not be so disclosed prior to bid opening 2B Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential bidder on prime this project have been disclosed to me or my firm 3A No attempt has been made to solicit cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project or to submit a bid higher than the bid of this firm or any intentionally high or non competitive bid or other form of complementary bid 3B No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high noncompetitive or other form of complementary bid on this project 4 The bid of my firm is made in good faith and not pursuant to any consultation communication agreement or discussion with or inducement or solicitation by or from any firm or person to submit any Intentionally high noncom petitive or other form of complementary bid 5 My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person or offered promised or paid cash or anything of value to any firm or person whether in connection with this or any other project in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high noncompetitive or other form of complementary bid or agreeing or promising to do so on this project 6 My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person and has not been promised or paid cash or anything of value by any firm or person whether in connection with this or any other project in consideration for my firm s submitting any intentionally high noncompetitive or other form of complementary bid or agreeing or promising to do so on this project 7 1 have made a diligent inquiry of all members officers employees and agents of my firm with responsibilities relating to the preparation approval or submission of my firm s bid on this project and have been advised by each of them that he or she has not participated in any communication consultation discussion agreement collusion or other conduct inconsistent with any of the statements and representations made in this affidavit 8 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation of the true facts relating to submission of bids for this contract I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE Contractors firm or company name By Date Title 2nd contractors firm or company name (If Cant venture) By Dale Title Sworn to before me this day of 20 Notary Public My commies on expires NOTE This document must be signed in ink CDOT some MOB 1/02 It is the goal of GLH Construction to provide infrastructure development and �l improvement to the Northern Colorado area emphasizing quality and integrity U o Comply ONIF 7 Gregory L Hughes established GLH Construction in August of 1996 He brings 30 years experience in the pipeline and roadway construction industry GLH 7 Construction started as a company with 6 employees and has grown today to a company of 37 employees Gary D Smith has been a managing partner since August of 1996 He works as a general superintendent overseeing and 7 managing all field crews He also brings various superintendent experience to the company Joseph A Schumacher has been with GLH Construction since June of 1999 and a managing partner since January of 2000 Joe completed a 7 B S Civil Engineering degree from Colorado State University and an Associate of Applied Science -Engineering Technology/Civil degree from Aims Community College and is a Civil Engineer Joe also has a broad background ofJob 7 experience in the construction industry -I I cloplyt#401t L L 11 GLH Construction is a company rooted in Windsor a Northern Colorado area As such we have found that our costs are best minimized by operating within a specific regional distance Typical parameters include the cities and towns of Ft. Collins Loveland Berthoud Mead Longmont, Ene Dacono Fredrick, Firestone, Ft Lupton Platteville Milliken Johnstown La Salle Kersey Greeley Eaton Evans Severance Nunn Wellington Windsor and other areas within or nearby this boundary to, Winner of a Mountain States BBB Torch Award for Business Ethics it I COP480*01 Our company specializes in infrastructure development which includes • Subdivisions (Start to Finish) • Construction Management i I • Sanitary Sewer Water Line Storm Drainage Lines �J • Backhoe & Loader Work • Earth Work J • Curb/Gutter/Sidewalk • Streets • GLH Construction also competitively bids city state and private projects 1 • Bonded and Insured 11 J jr"ALIL Ckaft J J J f 00 Stiff j(2) Shop Mechamcs Employee Cooidmahon W (3) Uhhty Crews (2) Street Crews L Estmiator Office Staff 11 l !M Agudars Corporation Aggregate Industries Attn John Aguilar Attn Vern Trautman Il JI 4301 Denver St P O Box 337231 Evans CO 80620 Greeley CO 80633 Phone (970) 330-7086 Phone (970) 353-2005 Dana Kepner Company Inc Foothills Concrete Pipe Attn Dave Phillips Attn Mike Hoganson 3701 Canal Drive P O Box 838 Fort Collins CO 80524 Platteville CO 80651 JPhone (970) 482-331 1 Phone (970) 785-6066 Lafarge West Inc National Waterworks Attn Keith Reichert Attn David Perry 925 N 35 h Avenue 1910 39a' St Greeley CO 80631 Denver CO 80524 Phone (970) 378-2244 Phone (303) 292-1 1 12 Poudre Tech Aggregate T&T Concrete Attn Martin Lind Attn Tony Arguello 1625 Pelican Lakes Point 3000 F Street Windsor CO 80550 Greeley CO 80634 JPhone (970) 696-5828 Phone (970) 352-6721 LBank of Choice Advantage Bank 3635 23`0 Ave 4731 W 10'h St — Suite B L Evans CO 80620 Greeley CO 80634 Phone (970) 506-1000 Phone (970) 353-0047 1 PinnacleB ank Signature Bank ` 1702 17 St 355 Eastman Park Dr Cody WY 82414 Windsor CO 80550 1 Phone (307) 527-7186 Phone (970) 674-3600 3 i t1k,116"It"t 1 Sears Investment (� Attn Brian Bartels Il 711 10'St #200 Greeley CO 80634 Phone (970) 356-5500 Martin Lind 1625 Pelican Lakes Point Suite 201 Windsor CO 80550 Phone (970) 686-5828 Ashcroft Development, LLC Attn David Calvin @ Bataa Oil 1 J 5801 W 1 it, St Greeley CO 80634 Phone (970) 336-1000 Landings Development Attn Bob Childers/Nick Francis/Adam Buna/Dale Boehner 1220 1 1 'h Ave Greeley CO 80631 Phone (970) 353-2925 JCell (970) 396-1031 (Dale Boehner) Executive Homes Attn Brian Boos v 220 E Main St Windsor CO 80550 Phone (970) 686-6233 L Lumbermen s Investment Corp Attn John Pierret L 14755 Preston Road Suite 710 Dallas TX 75254 Phone (972) 702-8699 D-WP of Evans LLC Attn Adam Buna 2423 Bluebells Drive Evans CO 80620 Phone (303) 877-4766 4 4 Patriarch Development Attn Mark Strauss I4209 Idledale Drive Ft Collins CO 80526 Phone (970) 226-0442 JRC Land Company LLC J16977 Attn John Leffler WCR 74 Eaton CO 80615 Phone (970) 454-2515 Double Eagle Construction Services Inc Attn Gregg Seebohm 4026 Timberline Rd Suite 100 Ft Collins CO 80525 Phone (970) 223-3500 Summit Land Management Inc Attn Andy Krill 8020 S CR 5 Suite 200 Windsor CO 80528 7 Phone (970)207-1511 Roche Constructors Inc 361 71 n Avenue Greeley CO 80634 Phone (970) 356-361 1 J LMajor Projects Completed f Gateway Subdivision Ph 1 & II (Greeley CO) l Owner Brian Boos Contract Amount $2 356 491 LCompleted 09/ 1998 Cove @ The Landings (Evans CO) r Owner Nick Francis/Adam Buna/Dale Boehner t Contract Amount $658 871 Completed 09/ 1997 1 5 Water Valley Ph I & II (Windsor CO) Owner Martin Lind 1 Contract Amount $3481863 Completed 0112001 1 Kelly Farms Ph 1 11 & III (Greeley CO) Owner Brian Bartels ContractAmount $3395106 Completed 0212001 Mt Vista Ph I & II/Mt Vista Center (Greeley CO) Owner Vista Ventures ContractAmount $4 337 024 Completed 0512002 Bay @ Landings (Evans CO) Owner Nick Francis/Adam Buna/Dale Boehner ContractAmount $1 581 261 Completed 05/ 1999 JPelican Hills (Windsor CO) Owner Martin Lind J Contract Amount $1 000 000 Completed 0112000 Baldndge Subdivision (Severance CO) J Owner IBC Dennis Egge ContractAmount $2 470 088 JCompleted 09/2001 Willowbrook Ph I & II (Evans CO) L Owner Jeff Demaske ContractAmount $4 494 640 Completed 06/2001 Diamond Valley Road (Windsor CO) Windsor Development/Chris Ruff Contract Amount $1 061 694 Completed 09/2001 Clearview Ph 1 II & III (Johnstown CO) Clearview Development/Brian Boos ContractAmount $6 404 884 LCompleted 08/2003 I I Boomerang (Greeley CO) Adare Homes/Bill Purcell 1 Contract Amount $1 988 229 Completed 04/2002 Governors Ranch Ph I & II (Eaton CO) JRC Land Co/John Leffler Contract Amount $1 734 149 1 Completed 0712002 Highland Meadows/Lift Station (Ault, CO) Clarkson Land Contract Amount $1 333 096 7 Completed 1212002 Ashcroft Draw Sanitary Sewer Ph 1 & If (Greeley CO) Ashcroft Development/David Calvin Contract Amount $2 142 809 Completed 06/2002 St Michaels Dump Ditch/GLIC Realignment (Greeley CO) Ashcroft Development/David Calvin ContractAmount $718 736 Completed 1012002 Water Valley 7"' Filing (Windsor CO) J Dohn Construction ContractAmount $1 666 043 Completed 09/2001 St Michaels Ph I & II (Greeley CO) Ashcroft Development/David Calvin L ContractAmount $8 385 822 Completed 09/2003 LRidge @ Prairie View Ph I & II (Evans CO) D-WP of Evans/Nick Francis & Adam Buna L ContractAmount $ 2 009 543 Completed 12/2003 Waterford Place (Loveland CO) Trammel Crow Residential Contract Amount $1 319 842 LCompleted 09/2003 I 71 n Ave & 28"' St/GLIC Ditch Lining (Greeley CO) Ashcroft Development/David Calvin ContractAmount $990217 Completed 0812003 Summer Park Village (Greeley CO) Highpointe Inc/Curt Karlen ContractAmount $1 366 056 J Completed 11/2003 Dove Hill (LaSalle CO) JPatriarch Builders/Mark Strauss ContractAmount $1 378 440 Completed 0712003 Johnstown Farms (Johnstown CO) Lumberman investment/John Pierret ContractAmount $ 4 239 248 Completed 01/2004 Tuscany Development (Evans CO) Tuscany Development LLC/John & Carl Ford Contract Amount $1 357 295 Completed 01/2004 Baldndge Phase II Jack & Beverly Schneider c/o Double Eagle Construction Contract Amount $468 759 Completed 01/2004 Seeley Lake Improvements Ogilvy Ditch Company Contract Amount $268574 Completed 0212004 Town of Eaton 24" Waterline Town of Eaton Colorado ContractAmount $539976 Completed 01/2004 Habitat For Humanity Greeley Colorado Contract Amount $747 819 LCompleted 06/2004 Governors Ranch Ph III JRC Land Company/John Leffler Contract Amount $824 093 Completed 06/2004 J Clearview 2 Ph it Clearwew Development/Bnan Boos Contract Amount $300 848 Completed 07/2004 Water Valley South Trollco Ph I Trollco/Martin Lind Contract Amount- $4 856 782 JCompleted 1112004 Water Valley South -Metro Ph I J Trollco/Martin Lind Contract Amount $5 116 933 Completed I1/2004 Water Valley South -Metro Ph II Trollco/Martin Lind Contract Amount $2 684 692 Completed 11/2004 Barefoot Farms Dave Barnett Contract Amount $237 494 Completed 10/2004 .1 Winter Farm Roche Constructors Ryan Strub Contract Amount $4 180 00 00 u Completed 08/2005 Poudre River Ranch {u Double Eagle Construction Services Inc Contract Amount $4 386 497 00 Completed 05/2006 Belmont Ridge Belmont Ridge Development, LLC Contract Amount $4 331 039 00 Completed 09/2005 f fs L L . ��. inn, 7430 E_ Garden Mrive Windsor, CO 80550 Phone (070) 674-0440 Fax (970) 074-0443 WWW.GLHConstraactl4Don.com Current Projects Project Name Owner Engineer Location Description Contract Amt Project dates Belmont Ridge Ph 4 & 5 Belmont Ridge Northern Engineenng Windsor CO Earthwork 5 547 398 79 Start 0512006 Development LLC Services Inc Sewer Est Comp 12/2007 970-662-0600 970 221-4158 Water Storm Sewer Concrete Streets Good Samantan Dohn Construction TST Eng Windsor CO Sewer 595 000 00 Start 10/2006 970-490 1855 970 226 0204 Water Est Comp 12/2007 Non Potable Water Storm Sewer Erosion Control Timnath Ranch Summit Land Mgmt Northern Engmeenng Timnath CO Earthwork 4 300 000 00 Start 11/2006 (970) 207 1511 970 221-4158 Sewer Fall 2007 Water Storm Sewer Aiadar/LCR 5 Umprop Northern Engineering Windsor CO Earthwork 1 065 000 00 Start 04/2007 Sewer Est Comp 11/2007 Water Storm Sewer Concrete Streets Touchstone/Westwood Village 013115112 LLC Design One Consultants Windsor CO Erosion Control 1 465 000 00 Start 0612007 Earthwork Est Comp 1212007 Sewer Water Storm Sewer Concrete Streets Evans 23rd Avenue City of Evans City of Evans Evans CO Storm Sewer 8 44 000 00 Start 08/2007 Pinnacle Park 52 Highland Properties Pickett Engineenng Greeley CO Streets Earthwork 995 000 00 Est Comp 1212007 Start 0712007 Sewer Est Comp Summer 2008 Water Stone Sewer Concrete Streets Current Projects 12/5/2007 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION 4201 E Arkansas Avenue, B404 OT Denver, CO 80222 NOTICE CHANGES TO CDOT'S GOOD FAITH EFFORT AND UDBE COMMITMENT PROCESS This letter contains important mfornation for you about a 6-month Pilot project that CDOT will implement on all CDOT construction projects (including Local Agency projects) that are advertised after September 1, 2004 and will apply to bid openings beginning September 23, 2004 Please read the information carefully If you have any questions about how this will apply to you and the forms you submit to CDOT, please call the phone number listed below to discuss your questions with someone from the Business Programs Office The CDOT Form #714 (Underutilized DBE Bid Conditions Assurance), which is attached, has been updated to require all Contractors bidding on CDOT Construction projects to list their UDBE commitment information for the project at the time of bid opening This information includes the names of the UDBE firms they will use, the items of work committed to them and their percent of the contract Please take special note of the changes made in the text at the bottom of the form "The actual amounts submitted on each CDOT Form #715 must equal or exceed the percentage commitments documented on this form In addition, if my company does not meet the DBE/UDBE goal for this project, I must submit a completed CDOT Form #718 (Underutilized DBE Good Faith Effort Documentation) before the above stated deadline CDOT Form #715s submitted for firms not included on this form, OR for amounts exceedin¢ those listed on this form will be accepted but NOT counted as Good Faith Efforts Only the efforts the contractor made Prior to the bid opening will count as Good Faith Efforts " As always the low bidder must submit their CDOT Form #715's (Certificate of Proposed Underutilized DBE Participation) by 4 00 pm the day after the bid opening During the Pilot project, if the low bidder doesn't commit on the CDOT Form #714, enough UDBE participation to meet the UDBE goal for the project, they will be required to submit their Good Faith Efforts by 4 00 pm the day after the bid opening CDOT will evaluate only the good faith efforts made by the contractor prior to the bid opening Any UDBE Participation submitted on CDOT Form #715's that exceeds the participation submitted on the CDOT Form #714 will be accepted as additional UDBE participation, but will not be counted as Good Faith Efforts and will not exempt a contractor from fulfilling the Good Faith Efforts requirements CDOT will evaluate the results of this Pilot project after 6 months to determine whether CDOT will make the pilot process or a similar process a permanent requirement These changes are being communicated by letter to all Prequalified Contractors, all DBEs, all ESBs and any other firm that has been used as a subcontractor on a CDOT project within the past year Also, a Notice about the change and the new CDOT Form #714 will be placed in each plan set sold by CDOT's plans room during the 6-month Pilot period, and the Business Programs Office will schedule informational meetings for Contractors and subcontractors to discuss the process Questions about the Pilot project should be directed to the Business Programs Office at (303) 757 9234 Project Name Centerpiece North Owner Edgewood Companies Engineer KBN Engineering Location Greeley Desch tlon Contract Amt Pro act dates CO Earthwork 940 000 00 Start 09/2007 Sewer Est Comp Summer 2008 Water Stone Sewer Concrete Evans 37th St City of Evans City of Evans Evans CO Streets Sewer 1 005 000 00 Start 09/2007 Water Est Comp Summer 2008 Midway City of Ft Collins City of Ft Collins Ft Collins CO Concrete Water 8600000 Start 11/2007 Evans Town Ditch City of Evans C City of Evans Evans CO Storm Storm Sewer 830 000 00 Est Comp12/2007 Start 12/2007 Concrete Est Comp Summer 2008 Current Protects 12/5/2007 GLI s r 'k 4 780 E Garden Orlve Windsor C( 805507 Phone (970) 674-0440 Fax (970) 674-0443 www GLHConatruction com Completed Projects Location Description Contract Amt Project dates LindGreeley CO Earthwork 1 066 693 00 Completed 06/97 Sanitary Sewer 7PIaza =LandingsDev Water Storm Sewer Concrete Sewer Main Evans CO Streets Earthwork 266 419 00 Completed 66/97 Adam Buns Sanitary Sewer 303 530-4766 Storm Sewer Cottages @ The Landings Fisbeck/Sheel Bill Sheet Evans CO Earthwork 55 773 00 Completed 99/97 Sanitary Sewer 970-339-4525 Water Storm Sewer Concrete Streets Cove @ The Landings Landings Dev, Adam Buna Evans CO Earthwork 658 870 67 Completed 09/97 Sanitary Sewer 303 530-4766 Water Storm Sewer Concrete Streets City of Evans 11th Ave / City of Evans Evans CO Sanitary Sewer 350 878 51 Completed 01/98 Earl Smith Water 37th St 970 339-5344 Storm Sewer Gateway Phase II Gateway Dev Greeley CO Streets Earthwork 1 289 798 10 Completed 09/98 Brian Boos Sanitary Sewer 970-686-6233 Water Storm Sewer Concrete Streets Completed Projects 12/5/2007 Project Name Owner Location Description Contract Amt Proact dates Water Valley Martin Lind Windsor CO Earthwork Phase I Phase I & II 970-686 5828 Sanitary Sewer 1 459 467 81 Completed 09/99 Water Storm Sewer Phase II Concrete 2 022 394 96 Completed 01/01 Streets Kelly Farms Kelly Farms Greeley CO Earthwork 1 041 088 24 Completed 09/98 Phase I Development Sanitary Sewer Brian Bartels Water 970 330-7700 Storm Sewer Concrete Streets Mt Vista Vista Ventures Greeley CO Earthwork 1 544 35122 Completed 06199 Phase I Ken Crumb Sanitary Sewer 970 304 1392 Water Storm Sewer Concrete Streets Pinnacle @ Sovereign Homes Greeley CO Earthwork 131 499 98 Completed 09/98 T Bone Bob Leonetti Sanitary Sewer 970 539 1941 Water Storm Sewer Concrete Streets Bay @ Landings Dev Evans CO Earthwork 1 581 260 92 Completed 05/99 Landings Adam Buna Sanitary Sewer 303 530-4766 Water Storm Sewer Concrete Streets Collages @ Fisbeck/Sheel Evans CO Earthwork 56 958 51 Completed 05/99 Landings Bill Sheel Sanitary Sewer 970-339-4525 Water Storm Sewer Concrete Streets Meadows @ Dale Boehner Ft Collins CO Earthwork 303 203 42 Completed 05/99 Fox Creek 970 396 1031 Sanitary Sewer Water Storm Sewer Concrete Streets Completed Protects 12/512007 Pro ect Name City of Evans Owner Location Description Contract Amt Project dates Pueblo St Earl Smith Evans CO Water 336 000 00 Completed 08/99 970 339 5344 Storm Sewer Streets Loma Linda Subdivision UC Dev Greeley Earthwork 885 000 00 Completed 88/99 Stan Sessions Sanitary Sewer 970 356-6082 Water Storm Sewer Concrete Streets Hilltop Estates Martm Lind Wmdsor CO Earthwork 1 000 000 00 Completed 01/00 970-686 5828 Sanitary Sewer Water Storm Sewer Concrete Streets Clubhouse @ Martm Lind Windsor CO Earthwork 400 000 00 Completed 07/00 Pelican Lakes 970-686 5828 Sanitary Sewer Water Storm Sewer Concrete Streets Mt Vista Vista Ventures Greeley CO Earthwork 1 861 889 20 Completed 09/00 Phase II Ken Crumb Sanitary Sewer 970 304 1392 Water Storm Sewer Concrete Streets Kelly Farms Kelly Farms Greeley CO Earthwork 1 656 849 74 Completed 02/01 Phase II Development Sanitary Sewer Brian Bartels Water 970-330 7700 Storm Sewer Concrete Streets Baldndge IBC Severance CO Earthwork 2 470 087 96 Completed 99/01 Subdivision Dennis Egge Sanitary Sewer 970-686-0337 Water Storm Sewer Concrete Streets Town of Town of Windsor Windsor CO Water 429 439 85 Completed 07/01 Windsor 1970-686-7180 Dennis Wagner Streets WL Replace Completed Projects 12/5/2007 Pro act Name Owner Location Description Contract Amt Project dates State Farm Hensel Phelps Greeley CO Earthwork 597 848 69 Completed 02/01 Budding 970 352-6565 Sanitary Sewer Water Storm Sewer Willowbrook J&J Enterprises Evans CO Earthwork 2 151 930 26 Completed 66/01 Phase I Jeff Demaske Sanitary Sewer 970 352 7072 Water Storm Sewer Concrete Streets Diamond Windsor Dev —Windsor CO Earthwork 1 061 693 57 Completed 09/01 Valley Road Group Water Chris Ruff Storm Sewer 970-686-9552 Concrete Streets Diamond Windsor Dev Windsor CO Earthwork 418 837 10 Completed 09/01 Valley 3rd Filing Group Sanitary Sewer Chris Ruff Water 970-686 9552 Storm Sewer Concrete Streets Windsor Windsor Dev WindsorCO Earthwork 121 815 87 Completed 09/01 Charter Group-Chns Ruff Concrete Academy970-686 9552 Parking Lot WV 4th Filing Dohn Const Windsor CO Earthwork 152 043 45 Completed 10/01 Brett Brown Sanitary Sewer 970-490 1855 Water Willowbrook II J&J Enterprises Evans CO Earthwork 1 669 634 93 Completed 09/01 Jeff Demaske Sanitary Sewer 970 352 7072 Water Storm Sewer Concrete Streets Clearview Clearview Dev Johnstown CO Earthwork 3 530 513 96 Completed 05/02 Bran Bartels Sanitary Sewer 970 330-7700 Water Storm Sewer Concrete Streets Completed Projects 12/5/2007 Project Name Owner Location Description Contract Amt Proect dates Boomerang Adare Homes Greeley CO Earthwork 1 988 228 59 Completed 04/02 Bill Purcell Sanitary Sewer 303 220-5600 Water Storm Sewer Concrete Streets Willowbrook J&J Enterprises Evans CO Earthwork 673 075 47 Completed 06/02 29th Ave Jeff Demaske Water 970-352 7072 Storm Sewer Streets Mountain Vista Vista Ventures LLC Greeley CO Earthwork 930 784 25 Completed 05/02 Center Ken Crumb Sanitary Sewer 970 304 1392 Water Storm Sewer Concrete Streets Calvin Pond David Calvin Greeley CO Earthwork 724 680 47 Completed 09/01 970-336 1000 WV 7th filing Dohn Const Windsor CO Earthwork 1 666 043 31 Completed 09/01 Brett Brown Sanitary Sewer 970-490 1855 Water Governors Ranch JRC Land Co LLC Eaton CO Earthwork 1 105 033 59 Completed 08/01 Phase John Leffler Sanitary Sewer 970-454 2515 Water Storm Sewer Concrete Streets Ashcroft Draw Ashcroft Dev LLC Greeley CO Sanitary Sewer 1 055 895 09 Completed 06/02 Sanitary Sewer David Calvin 970 336-1000 St Michaels Dump Ashcroft Dev LLC Greeley CO Storm Sewer 328 590 70 Completed 06/02 Ditch David Calvin 970-336 1000 St Michaels GLIC Ashcroft Dev LLC Greeley CO Storm Sewer 390144 56 Completed 06/02 Realignment David Calvin 970 336-1000 St Michaels Ashcroft Dev LLC Greeley CO Earthwork 1 185 822 29 Completed 05/02 Subdivision David Calvin 970-336 1000 Completed Projects 12/5/2007 Project Name Owner Location Description Contract Amt Project dates Highland Clarkson Land Ault CO Earthwork 1 103 212 81 Completed 08/02 Meadows Billy McDivitt Sanitary Sewer Ault 970-353 0802 Water Storm Sewer Concrete Streets Highland W Windsor Dev Windsor CO Earthwork 958 849 15 Completed 07/02 Meadows Brian Boos Sanitary Sewer Windsor 970-686-6233 Storm Sewer DV 4th Filing Dohn Const Windsor CO Earthwork 438 097 86 Completed 08/02 Brett Brown Sanitary Sewer 970-490-1855 Water Storm Sewer Concrete Streets Governor's JRC Land Co LLC Eaton CO Earthwork 629 114 74 Completed 07102 Ranch John Leffler Sanitary Sewer Phase II 970-454 2515 Water Storm Sewer Concrete Streets Ridge @ D WP of Evans Evans CO Earthwork 968 906 55 Completed O1/03 Prairie View Adam Buna Sanitary Sewer 303-530-4766 Water Storm Sewer Concrete Streets North Weld North Weld Eaton CO Earthwork 455 656 73 Completed O1/03 County Water County Water Water District District Transmission Allan Overton Line 970-356-3020 Kelly Farms Kelly Farms LLC Greeley CO Earthwork 697 167 67 Completed 12/02 Phase III Brian Bartels Sanitary Sewer 970 381 5166 Water Storm Sewer Concrete Streets Completed Projects 12/5/2007 Project Name Owner Location Description Contract Amt Project dates Clean raw Clearview Dev LLC Johnstown CO Earthwork 2 945 663 72 Completed 03/03 Phase III Brian Boos Sanitary Sewer 970-686-6233 Water Storm Sewer Concrete Streets Ashcroft Draw Meyer Farm Greeley CO Sanitary Sewer 1 086 914 30 Completed 10/2002 Sanitary Sewer Development LLC Phase II David Calvin 970 336-1000 Highland Ault Clarkson Land Ault CO Sanitary Sewer 229 883 27 Completed 12/02 Litt Station Billy McDivitt 970-353-0802 City of Evans City of Evans Evans CO Water 449 013 92 Completed 03/03 Waterline Earl Smith Project 970-339-5344 St Michaels Ashcroft Dev LLC Greeley CO Earthwork 7 200 000 00 Completed 09/03 David Calvin Sanitary Sewer 970 336 1000 Water Storm Sewer Concrete Streets Fossil Ridge Executive Homes Windsor CO Earthwork 52 297 18 Completed 02/03 Sewer Crossing Brian Boos Sanitary Sewer 970-686-6233 Waterford Place Trammel Crow Loveland CO Earthwork 1 319 842 29 Completed 09/03 Apartments Residential Sanitary Sewer Water Storm Sewer Concrete Streets Longsview Adare Homes Greeley CO Earthwork 383 335 10 Completed 08/03 Bill Purcell Concrete 303-220 5600 Streets 71 st Ave/28th St Ashcroft Dev LLC Greeley CO Earthwork 718 047 47 Completed 08/03 David Calvin Streets 970-336-1000 Non Potable Ashcroft Dev LLC Greeley CO Water 507 026 32 Completed 08103 Water David Calvin 970 336 1000 Completed Projects 12/5/2007 Project Name Owner Location Description Contract Amt Project dates Dove Hill Patriarch Developers LaSalle CO Earthwork 1 378 439 75 Completed 07/03 Mark Strauss Sanitary Sewer 970 566-8880 Water Storm Sewer Concrete Streets GLIC Ditch Lining Ashcroft Dev LLC Greeley CO Storm Sewer 272 169 75 Completed 08/03 David Calvin 970-336 1000 WV 11th Filing Cotter Construction Windsor CO Earthwork 240 322 83 Completed 07/03 Dave Carlson Sanitary Sewer 970 221-4621 Water Storm Sewer Concrete Streets High Pointe Highpomte Inc Greeley CO Earthwork 252 264 55 Completed 08/03 Condos @ Curt Karlen Sanitary Sewer Kelly Farms 970-674 1299 Water Storm Sewer Concrete Streets Summer Park Highpomte Inc Greeley CO Earthwork 1 366 056 34 Completed 11/03 Village Curt Kaden Sanitary Sewer 970-674 1299 Water Storm Sewer Concrete Streets Johnstown Farms Lumberman s Investment Johnstown CO Earthwork 3 780 676 73 Completed 01/04 John Pierret Sanitary Sewer 972 702 8699 Water Storm Sewer Concrete Streets Tuscany Tuscany LLC Evans CO Earthwork 1 357 294 65 Completed 12/03 Carl Ford Sanitary Sewer 970-405 3388 Water Storm Sewer Concrete Streets Completed Projects 12/5/2007 Pro ect Name Owner Location Description Contract Amt Pro act dates Baldridge Phase II Jack & Beverly Schneider Severance CO Earthwork 468 758 95 Completed 01/04 % Double Eagle Const Sanitary Sewer 970 223-3500 Water Storm Sewer Concrete Streets Johnstown Farms Lumbermans Johnstown CO Earthwork 458 571 55 Completed 01/04 Phase IV Investments Sanitary Sewer 972 702-8372 Water Storm Sewer Concrete Streets Seeley Lake Ogilvy Ddch Cc Greeley CO Storm Sewer 268 574 47 Completed 02/04 Improvements 970 352-4468 Town of Eaton Town of Eaton Eaton CO Water 539 97616 Completed 01/04 24 Waterline 970-454 3338 Miscellaneous Waterford Place Kiewd Western Co Loveland CO Earthwork 74 479 17 Completed 03/04 303 979 9330 Habitat For Habitat For Greeley CO Earthwork 747819 19 Completed 06/04 Humanity Humanity Sanitary Sewer 970 35M766 Water Storm Sewer Concrete Streets Governors Ranch JRC Land Company Eaton CO Earthwork 824 092 90 Completed 06/04 Phase III John Leffler Sewer 970-454 2515 Water Storm Sewer Clearview 2 Ph II Clearview Dev LLC Johnstown CO Earthwork 300 847 65 Completed 07/04 970-686-6233 Sewer Water Storm Sewer Erosion Control Concrete Streets Water Valley Trollro Inc Windsor CO Earthwork 5 194 538 00 Completed 11/04 South Trollco Ph I Martin Lind Sewer 970-686 5828 Water Storm Sewer Conduit Concrete Streets Completed Projects 12/5/2007 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION 4201 E Arkansas Avenue, B404 OT Denver, CO 80222 APRIL 2005 NOTICE CHANGES TO CDOT'S GOOD FAITH EFFORT (GFE) AND UDBE COMMITMENT PROCESS TO CONTINUE UNTIL FURTHER NOTICE Last September, CDOT implemented a 6-month Pilot project on all construction projects (including Local Agency projects) that were advertised after September 1, 2004 The Pilot made changes to CDOT's Good Faith Efforts (GFE) and UDBE Commitment process and applied to bid openings beginning September 23, 2004 The purpose of this notice is to inform all firms budding on CDOT construction Proiects that CDOT's Chief Engineer has directed CDOT to extend the GFE Pilot Protect as implemented in September of 2004, until CDOT has the opportunity to assess the results of the Pilot and to issue final emdehnes for the GFE and UDBE Commitment Process Please read August 23, 2004 NOTICE for details on the Pilot process which Contractors should continue to follow until further notice It is located on CDOT's "Project Bidding" page at http //www dot state co us/bidding/Newsflash4 doc When the final guidelines are issued, CDOT will send a mailed notification to all Prequalified Contractors, all DBEs, all ESBs, and any other firm that has been used as a subcontractor on a CDOT project in the past year Any questions or input you may have about the continuation of the Pilot project should be directed to the Business Programs Office at (303) 757-9234 Project Name Owner Location Descn tion Contract Amt Project dates Water Valley Trollop Inc Windsor CO Earthwork 5 598 320 00 Completed 11104 South Metro Ph I Martin Lind Sewer 970-686-5828 Water Storm Sewer Conduit Concrete Streets Water Valley Trolloo Inc Windsor CO Earthwork 3 192 835 00 Completed 11/04 South Metro Ph 11 Martin Lind Sewer 970-686 5828 Water Storm Sewer Conduit Concrete Streets Barefoot Farms Dave Barnett Windsor CO Earthwork 258 555 00 Completed 11/04 970-686-0525 Sewer Water Storm Sewer Erosion Control Concrete Streets Ridge @ Prairie D WP of Evans LLC Evans CO Earthwork 663 460 18 Completed 05/05 View Ph 5 Nick Francis Sewer 970-381 3591 Water Adam Buna Storm Sewer 303 877-4766 Erosion Control Concrete Streets Town Centre @ Fisbeck/Sheel Greeley CO Earthwork 178 940 00 Completed 06/05 St Michaels Winter Farm Roche Constructors Windsor CO Earthwork 4 180 000 00 Completed 08/05 Ryan Strub Sewer 970-356 3611 Water Storm Sewer Erosion Control Concrete Streets Completed Projects 12/5/2007 10 Project Name Owner Location Description Contract Amt Project dates Belmont Ridge Belmont Ridge Windsor CO Earthwork 4 331 03900 Completed 09/05 Development LLC Sewer 970-662 0600 Water Storm Sewer Erosion Control Concrete Streets Cimarron Pointe Lockhart Consructors Firestone CO Earthwork 602 428 00 Completed 07/05 Sewer Water Storm Sewer Erosion Control Concrete Streets Terrace Green Terrace Green LLC Greeley CO Earthwork 174 921 00 Completed 10/05 Nick Francis Sewer 970 381 3591 Water Storm Sewer Concrete Streets Dove Hill Ph II Patriarch Builders LaSalle CO Earthwork 711 276 00 Completed 10105 970-566-8880 Sewer Water Storm Sewer Concrete Streets Parker Meadows B & B Local Evans CO Earthwork 271 373 38 Completed 02/06 Construction LLC Sewer 970 353 3141 Water Storm Sewer Concrete Streets Diamond Valley Bldg K Dohn Construction Inc Windsor CO Sewer 39 094 64 Completed 12/05 970-490 1855 Water King Surveyors Building King Surveyors Inc Windsor CO Earthwork 910 018 46 Completed 08/05 970-686 5011 Sewer Water Concrete Streets Completed Projects 12/5/2007 11 Project Name Owner Location Description Contract Amt Project dates Chubbuck Ditch Greeley Loveland Loveland CO Earthwork 44 235 63 Completed 07/05 Irrigation Company Sewer John Gauthne Streets 970 330-0855 City of Evans City of Evans Evans CO Earthwork 691 095 36 Completed 06/05 42nd Street 970 339-5344 Sewer Water Concrete Streets City of Evans City of Evans Evans CO Earthwork 571 406 66 Completed 09/05 Riverside Parkway 970 339 5344 Concrete Streets Cedar Estates Jewels Development Pierce CO Earthwork 117 712 26 Completed 07/05 970 206 1047 Concrete Streets State Hwy 257 Windsor CO Earthwork 683 73129 Completed 02/06 Storm Sewer Streets WV South Five Hole Investments Windsor CO Earthwork 1 956 459 66 Completed 12/05 Hillside & Trollco Ph III Sewer Water Storm Sewer Concrete Streets Poudre River Ranch Double Eagle Greeley CO Earthwork 4 386 497 00 Completed 05/2006 Construction Sery Inc Sewer 970-223 3500 Water Storm Sewer Concrete Streets S Gate Sewer Trollco Inc Windsor CO Earthwork 1 346 415 72 Completed 05/2006 Interceptor 970-686 5828 Sewer Water Streets Highpoint Vista Double Eagle Windsor CO Sewer 3 826 565 44 Completed 0512006 Construction Sery Inc 970 223-3500 Storm Sewer Water Valley Village Dohn Construction Inc Windsor CO Earthwork 521 856 27 Completed 05/2006 970-490 1855 Sewer Water Storm Sewer Concrete Streets Completed Projects 12/5/2007 12 Project Name Owner Location Description Contract Amt Project dates Lighthouse Bay Landmark Construction Windsor CO Earthwork 574 183 15 Completed 05/2006 Condos Solutions Sewer 970-686-0824 Water Storm Sewer Concrete Streets Johnstown Farms Ph II Lumbermen s Investment Johnstown CO Earthwork 614 300 37 Completed 04/2006 Corporation Water 972 702-8699 Storm Sewer Concrete Streets Faith Estates National Vision Eaton CO Earthwork 407 778 25 Completed 05/2006 Development Inc Water 970 396-6477 Storm Sewer Streets Center Park Lou Cangdla Greeley CO Sewer 115 709 91 Completed 05/2006 970-356 3343 Water Concrete Streets The Village @ St Michaels Macrum Building Systems Greeley CO Sewer 194 208 00 Completed 03/2007 (970) 590 2200 Water Non Potable Water Storm Sewer Concrete Streets Erosion Control WV Village Storm Water Valley Windsor CO Sewer 29 908 00 Completed 02/2007 970-686 5828 Water Non Potable Water Storm Sewer Erosion Control Southgate Business Park Dohn Construction Inc Windsor CO Earthwork 4 131 167 00 Completed 12/06 970-490 1855 Sewer and Water Windsor Southgate LLC Storm Sewer 970-686 5828 Concrete Streets Windsor Commons Ft Collins Paving Windsor CO Sewer 364 878 00 Completed 02/2007 (970) 686-0986 Water Storm Sewer Eagle Crossing Eagle Crossing Dev Inc Loveland CO Earthwork 5 300 000 00 Completed 08/2007 970-686 5828 Sewer water Completed Projects 12/5/2007 13 Project Name Owner Location Description Contract Amt Project dates Storm Sewer Concrete Streets Wyndham Hill Ridge Development Frederick CO Earthwork 1 340 000 00 Completed08/2007 (970)663-0575 Sewer Water Storm Sewer Concrete Streets McCloskey Commercial Edgewood Companies Greeley CO Sewer 1 425 000 00 Completed 08/2007 (970)381 5166 Water Storm Sewer Erosion Control River Run @ Poudre River Snowdance Dev Greeley CO Sewer 1 166 064 00 Completed 09/2007 (970) 356 9787 Water Non Potable Water Storm Sewer Erosion Control Severance San Sewer Town of Severance Severence CO Sewer 1 450 000 00 Completed 08/2007 Plaza Commercial Herrick Garnsey Greeley CO Demo 652 498 00 Completed 11/2007 (970) 539-0010 Erosion Control Sewer Water Storm Sewer Condwds Concrete Streets Completed Projects 12/5/2007 14 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date January 14, 2008 TO GLH Construction, Inc PROJECT 6075 Trolley Brick Restoration Project OWNER CITY OF FORT COLLINS (hereinafter referred to as the OWNER ) You are hereby notified that your Bid dated December 6, 2007 for the above project has been considered You are the apparent successful Bidder and have been awarded an Agreement for 6075 Trolley Brick Restoration Project Base Bid $109,769 94 Minor Contract Revisions + $8,000 00 OJT Colorado Training Program + $150 00 Total Agreement $117,919 94 The Price of your Agreement is One Hundred Seventeen Thousand Nine Hundred Nineteen Dollars and Ninety Four Cents ($117 919 94) 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 January 29, 2008 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 6 J mes B O'Neill, II, CPPO, FNIGP erector of Purchasing & Risk Management Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 14rd day of January in the year of 2008 and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins (hereinafter called OWNER) and GLH Construction, Inc (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 6075 Trolley Brick Restoration Project and is generally described in Section 01010 ARTICLE 2 ENGINEER The Project has been designed by City of who is hereinafter called ENGINEER and responsibilities and will have the rights in the Contract Documents in connection accordance with the Contract Documents ARTICLE 3 CONTRACT TIMES Fort Collins, Engineering Division, who will assume all duties and and authority assigned to ENGINEER with completion of the Work in 3 1 The Work shall be Substantially Complete within Twenty (20) 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 Fifty (50) 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 proceeding the actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter Section 00520 Page 1 1) Substantial Completion One Thousand Dollars ($1000 00) for each calendar day or fraction thereof that expires after the Twenty (20) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial Completion, Five Hundred Dollars ($500 00) for each calendar day or fraction thereof that expires after the Thirty (30) 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 One Hundred Seventeen Thousand Nine Hundred Nineteen Dollars and Ninety Four Cents ($117,919 94), in accordance with Section 00300, attached and incorporated herein by this reference ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions Applications for Payment will be processed by ENGINEER as provided in the General Conditions 5 1 PROGRESS PAYMENTS OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2 6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work 5 1 1 Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14 7 of the General Conditions 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed 90- of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in Section 00520 Page 2 paragraph 14 2 of the General Conditions) may be included in the application for payment 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 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 Section 00520 Page 3 COLORADO DEPARTMENT OF TRANSPORTATION Project No UNDERUTILIZED DBE (UDBE) BID CONDITIONS ASSURANCE Location Instructions Contractor - Complete and submit this form with your bid Report only Underutilized DBE (UDBE) participation percentages which qualify under the contract goal specification for this project POLICY It is the policy of the Colorado Department of Transportation that underublized disadvantaged business enterpnses have maximum opportunity to participate in the performance of contracts financed with federal state or local entity funds UNDERUTILIZED DBE PARTICIPATION COMMITMENT 1) Will your companys Underutilized DBE (UDBE) participation commitment meet contract goalsv ❑ Yes ❑ No 2) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below % 3 List the UDBE firms committed work items and eli ibis UDBE percent of your bid that ou are committing to each UDBE FIRM NAME CERTIFICATION COMMITTED SUBCONTRACT ELIGIBLE EXP DATE WORK ITEM(S) CATEGORY UDBE % ❑ Subcontractor ❑ Supplier ❑ Broker % ❑ Subcontractor 2 / / ❑ Supplier ❑ Broker ❑ Subcontractor 3 / / ❑ Supplier ❑ Broker ° �O ❑ Subcontractor 4 / / ❑ Supplier ❑ Broker ° yO ❑ Subcontractor 5 / / ❑ Supplier ❑ Broker o �O ❑ Subcontractor L ❑ Supplier ❑ Broker ° yO BOX A TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT Round percentage amounts to the nearest hundredth Additional instructions on how to calculate the actual eligible amounts and percentages for the subcontractor supplier and broker mtegones are available on the CDOT Form #715 and in the Counting DBE Participation Toward Contract Goals and CDOT s annual DBE goal section of the DBE - Definitions and Requirements in the Standard Special Provisions I understand that if my company is determined to be the low bidder for the contract on this project I must submit a completed COOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed on this form to the Transportation Department by 4 00 pm the day after the bids are opened The actual amounts submitted on each CDOT Form #715 must equal or exceed the percentage commitments documented on this form In addition if my company does not meet the DBE/UDBE goal for this project I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before the above stated deadline CDOT Form #715s submitted for firms not Included on this form OR for amounts exceeding those listed on this form will be accepted but NOT counted as Good Faith Efforts Only the efforts the contractor made prior to the bid opening will count as Good Faith Efforts I understand my obligation to abide by the policy stated above I shall not discriminate on the basis of race color age sex national origin or handicap in the bidding process or the performance of contracts I DECLARE UNDER PENALITY OF PERJURY IN THE SECOND DEGREE AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE Company Name Date Company Officer Signature Title Previous editions may not be used CDOT Form 714 0&04 conditions of the Contract Documents, including specifically the provision of paragraph 4 3 of the General Conditions 6 5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents 6 6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of Contract Documents in Article 1 10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference 7 2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following 7 2 1Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3 Lien Waiver Releases 7 2 4 Consent of Surety 7 2 5 Application for Exemption Certificate 7 2 6Application for Payment 7 3 Drawings, consisting of a cover sheet and sheets numbered as follows SHEET IDENTIFICATION SHEET NO INDEX OF SHEETS I PROJECT LOCATION MAP 2 PROJECT DESCRPTION 3 TYPICAL SECTIONS 4 SUMMARY OF APPROXIMATE QUANITTIES 5 TRAFFIC CONTROL PLAN 6-7 STORMWATER MANAGEMENT PLAN 8 The Contract Drawings shall be stamped "Final for Construction" and dated Any revisions made shall be clearly identified and dated 7 4 Addenda Numbers 1 to 2, inclusive 7 5 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents Section 00520 Page 4 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 Section 00520 Page 5 OWNER CITY OF FORT COLLINS By JAMES B O'NEILL II, CPPO, FNIGP DI TOR OF PURCHASING AND RISK MANAGEMENT Date AIA fy V: Attest City Cle k Address for giving notices P 0 Box 580 Fort Collins, CO 80522 Approve to 4 AssijtantjCity Attorney CONTRACTOR GLH Construction, Inc BY (CORPORATE Address for given notices J� LICENSE NO Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work 6075 Trolley Brick Restoration Project To GLH Construction, Inc 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 GLH Construction, Inc By Title Section 00530 Page 1 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 PERFORMANCF BOND Bond No COC49616 KNOW ALL MFN BY TIIF9F PRPSIN7s that (Firm) GLH Construction Inc (Address) 780 E Garden Drive Windsor CO 80550 (an Individual), (a Partnership) (a Corporation), hereinafter referred to as the Principal and (Farm) Merchants Bonding Company (Mutual) (Address) 2100 Fleur Drive Des Moines IA 50321 hereinafter referred to as the surety', are held and firmly bound unto City of Fort Collins 300 Laporte Ave, Fort Collins, Colorado 80522 a (Mumc.ipal Corporation) hereinafter referred to as the OWNER", in the penal gum of One Hundred Seventeen Thousand Nine Hundred Nineteen dollars and 94=01awful money of the United States for the payment of which sum well and truly to be made, we hind ourselves, successors and assigns, jointly and severally, firmly by these presents 1HE CONDITIONS OF PHIS OBLIGATION are such that whereas Lhe Principal entered into I certain Agreement with the OWNER dated the 197N day of Januaty 2008, a ropy of Which hc,eto al.Ld,hed and made, a part hereoi for Lhe pErfurmanee 01 the Cj'y of Fort Collins project 6075 Trolley Briek itebt0r1t10n Prolert NOW TPFREFORF, if the Principal shall well, truly and faithfully perform its duLies all the undeiLakings covenant,, terms conditions and agreEments of said Agreement duLing the original tcrm thereof, and any extension. thereof which may be grantee by the OWNER, with or without Notice to the Surety and during the life of the guarintl period, and if the Principal ,hall sati-fy all e'arms end aenand- xn(urxed under such Agrewnient and shah fully (ndemn fy inrl avr harnles3 the UWNFR from all r— and damages vh_(h it may siiff(r by L(d,on )- iiliure LQ ao su anu atatl n.imLurs, nU .epay th_ O%N"R ati outlaj .ii J —vl n a t'r cl tho OWNAP 0a/ .tnru, in making good any default then this obi gatxon hall IhE void oUrrrwx sr to remain in full force and efteet Rev 10/20/07 Section 00610 Page 1 PROVID[D, L'UR1HkR, that the said Surety, for value received, herfby stipulate and agrees that no clang, extension of time, Uiteration or addition to the terms of the Agreement or to the Work to be Performed thereurder of 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 PP0VID1D FURTHER that no final settlement between the OWNFR and the (NT1ACT01, shall abridge Lhe r,ght of my benaficlaty hereunder whose cl.im 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 WI1NESS WHEREOF this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 18thday of January _ 2008 IN PRESENCF Ok Princapal GLH Construction Inc Greg C Hughes 0 ne N$TJ C �O, - --(Tit 1 e ) Q Qp�0y''% 780 E Garden Drive Windsor CO 80550 :v to Z; (Address) (Corposat@ SEAL :0= other Partners IN PRE§BNCE OF By - �/ - --- - - iN PRESET E o suretyMerchants Bonding Company (Mutual) Karole Peters Attor iey n Fact __- ., _ By- B , „2100 Fleur Drrv_e Des Moines IA 50321 (Address) — — (",urety S(lal) NOTE Date of Bond must not be prior to date of Agreement if CONTRACTOR is partnership, all partners should execute Bond Rey 1 MOW Section 00610 Page 2 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents that the MERCHANTS BONDING COMPANY (MUTUAL) a corporation duly organized under the laws of the State of Iowa and having its principal office in the City of Des Moines County of Polk State of Iowa hath made constituted and appointed and does by these presents make constitute and appoint Mike Schmitt Valene Schmitt Karole Peters of Greeley and Slate of Colorado its true and lawful Attorney in Fact with full power and authority hereby conferred in its name place and stead to sign execute acknowledge and deliver in its behalf as surety any and all bonds undertakings recognizances or other written obligations in the nature thereof subject to the limitation that any such instrument shall not exceed the amount of TEN MILLION ($10,000 000 00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL) and all the acts of said Attorney in Fact pursuant to the authority herein given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16 2002 ARTICLE II SECTION 8 The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys in Fact and to authorize them to execute on behalf of the Company and attach the Seal of the Company thereto bonds and undertakings recograzances contracts of indemnity and other writings obligatory in the nature thereof ARTICLE II SECTION 9 The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond undertaking recognizance or other suretyship obligations of the Company and such signature and seal when so used shall have the same force and effect as though manually fixed In Witness Whereof MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 3rd day of January 2008 *00 CO*, MERCHANTS BONDING COMPANY (MUTUAL) �O CO*, c 1933 6y Zvb�`V � \cacti STATE OF IOWA President COUNTY OF POLK ss On this 3rd day of January 2008 before me appeared Larry Taylor to me personally known who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) the corporation described in the foregoing instrument and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors In Testimony Whereof I have hereunto set my hand and affixed my Official Seal at the City of Des Moines Iowa the day and year first above written fk Commission Number 1t73504 My Commission Expires V March 16 2009 1 Notary Pubic Polk County Iowa STATE OF IOWA COUNTY OF POLK ss I William Warner Jr Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) do hereby certify that the above and foregoing is a true and correct copy of the POWER OF ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL) which is still in full force and effect and has not been amended or revoked In Witness Whereof I have hereunto set my hand and affixed the seal of the Company on this 18th day of January 2008 tip\NO m0 Co*, pPPO* 9 a, y� 1-- = O s 1933 c Secretary POA 0001 (1/06) 'ICTION OQU 5 PAYMENT BOND Bond No COC49616 KNOW ALL MEN Be THESE PRE,SFNTS that (Firm) GLH Construction Inc (Andress) 780E Garden Drive Windsor CO80550 (In Individual) (a Partnership) la Coiporati.on), hereinafter referred to as ,hc Fiincipal' and (Fi im) Merchants Bonding Company (Mutual) (Address) 2100 Fleur Drive Des Moines IA 50321 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 refexrPd to do llars & 9dY1t"the OWNER ful money penal of the sum of One Hundred Seventeen Thousand Nine Hundred Nineteen do 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 prPsentS THE (OND11ION' OF THIS OBLICAPION are such that whereas the Principal entered _nto a ctrtiin Agreement with the OWNEh, datc,d the 14TIl rlay of Januir 2008 a copy nt which _� hereto attachPd ind made a pdxt hereof for the performance of The City of Eort collins prc3ect, 605 Trolley Brit_. Restoration Pio)eoL NOW, THEREFORE, if the Principal shall make payment to all persons, firms, inbother prosecution cofpcthei Work furnishingmaterials mfor r in such cAgree Agreement performing labor and any authorized extension or modification thereof, including all amounts due for materials t^ b� is nntcornectairs on i ort w LI,tR the machinery, equipment of and suchuchools Work, consumed, all rentPd r �n much Work nvi+ nrr= numiun on „d1d Work inj roi zj labor, per_ormed y nnrnnt xaLtor or orherw Lse then tt .ia oc.ti q t awn 5hv 1 be ��id Io +elf] n 1❑ 111 .UL( Ln(' t l Section 00615 Page 1 Rev 10/20101 PROVlrh D, LURTHPR chat the said Surety, for value, rece,ved, hereby stipula}es and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the alork to be pertormed therei.nder or the Specifications accompanying the game shall _n any way afEect its obligation on this bond and it does hereby waive notire of any such change, extension of time, 37terdtian or addition to the trim of the Agreement or to the Work or to the ,p(( Lfrcdtaons EROb1)ED FURTHER that no final s(ttlemPnt between the OWNER and the cONTRPCTOR shztl 3br_dge the n qht of any beneficiary nrxeundei, whuse 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 WHERFOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 18thday of January , 2008 IN ORESENCE OF 'fin -- V'Oki 10-1 (Corpora 9r' w ES AT cD' IN PRESE$CE6 Principal GLH Construction Inc By Grego%LHughes Own r (Title) 780 E Garden Drive Windsor CO 80550 _ __ -- (Address) Other Partners N PRL S EN( F OF Surety Merchants Bonding Company (Mutual) — *AjaCj&arola Peters Artorne in Fact By 2100 Fleur Drive Des Moines IA 50321 _ (Address) (Surrty Seal) NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond Rev 10120/07 Section 00615 Page 2 ADDENDUM No 1 6075 Trolley Brick Restoration Project SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 6075 Trolley Brick Restoration Project OPENING DATE 3 00 p in (Our Clock) December 6 2007 To all prospective bidders under the specifications and contract documents described above the following changes are hereby made QUESTIONS AND ANSWERS 1 For estimating purposes the quantity of salvable bricks is 50% of the existing brick surface area 2 A salvable brick is defined as structurally sound with no more than 15% loss due to damage or deterioration An inspector will be available during construction operations to evaluate the suitability of the salvaged bricks Please contact John D Stephen CPPO CPPB Senior Buyer at (970) 221-6777 with any questions regarding this addendum RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED where renewal Is a way of life Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents that the MERCHANTS BONDING COMPANY (MUTUAL) a corporation duly organized under the laws of the State of Iowa and having its principal office in the City of Des Moines County of Polk State of Iowa hath made constituted and appointed and does by these presents make constitute and appoint Mike Schmitt Valerie Schmitt Karole Peters of Greeley and State of Colorado its true and lawful Attorney in Fact with full power and authority hereby conferred in its name place and stead to sign execute acknowledge and deliver in its behalf as surety any and all bonds undertakings recognizances or other written obligations in the nature thereof subject to the limitation that any such instrument shall not exceed the amount of TEN MILLION ($10,000 000 00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL) and all the acts of said Attorney in Fact pursuant to the authority herein given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16 2002 ARTICLE II SECTION 8 The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys in Fact and to authorize them to execute on behalf of the Company and attach the Seal of the Company thereto bonds and undertakings recognizances contracts of indemnity and other writings obligatory in the nature thereof ARTICLE II SECTION 9 The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond undertaking recognizance or other suretyship obligations of the Company and such signature and seal when so used shall have the same force and effect as though manually fixed In Witness Whereof MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by As President and its corporate seal to be hereto affixed this 3rd day of January 2008 00 OpPOq 9 cl, 2 0 9m y< Z 3 a 1933 c ZJb�hr � `cacti STATE OF IOWA COUNTY OF POLK as MERCHANTS BONDING COMPANY (MUTUAL) By /—,.f,7 7,7x, President On this 3rd day of January 2008 before me appeared Larry Taylor to me personally known who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) the corporation descnbed in the foregoing instrument and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors In Testimony Whereof I have hereunto set my hand and affixed my Official Seal at the City of Des Moines Iowa the day and year first above written fAN Commission NuNDY mfibe YT173504 `�" U �� '✓ My Commission Expires March 16 2009 Notary Public Polk County Iowa STATE OF IOWA COUNTY OF POLK as I William Warner Jr Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) do hereby certify that the above and foregoing is a true and correct copy of the POWER OF ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL) which is still in full force and effect and has not been amended or revoked In Witness Whereof I have hereunto set my hand and affixed the seal of the Company on this 18th day of January 2008 a0,AG CO,H.a. �O pPPOq 9 y 1933 ti Secretary POA 0001 (1/06) SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance Rev 10/20/07 Section 00630 Page 1 ACORv CERTIFICATE OF LIABILITY PRODUCER Rich 6 Cartmill Insurance If Colorado LLC ID INSURANCE GLHCO- THIS CERTIFICATE IS ISSUED AS A MATTER f ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMI ALTER THE COVERAGE AFFORDED BY THE I O Box 336416 Greeley CO 80633 Phone: 970-356-6030 Fax:970-356-8032 V5URED INSURERS AFFORDING COVERAGE INSURER A: $l tuminOuB Insurance INSURER B'. Pinnacol Assurance INSURER C'. GLH 780 E. GardQcn1Drive onnc Windsor CO 90550 INSURER D: INSURER E: DATE (MM/DDIYYYY) CERTIFICATE 'Nn. EXTEND OR NAIC # COVERAGES OF INURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED PERIOD CINDICATED, ATE MAY THSTAN BE ISSUED OR DING POLICIES THE ANY REQUIREMENTS TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH IS SUBJECT RESPECTT TO WH CH TO ALL THE TERMS, THIS CERIF EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIVY DATELIMITS MM/DDIYY LTR NSR EACH OCCURRENCE $ 1,000,000 GENERAL LIABILITY CLP3225990 04/01/07 04/01/08 PREMISES (Ea occarence $100,000 MED EXP (Any one person) $ 5,000 A X X COMMERCIAL GENERALLIABILITY — '- CLAIMS MADE iX I OCCUR PERSONAL SADVINJURY $1,000 000 GENERAL AGGREGATE $2 000,000 1 -_-, PRODUCTS - COMP/OP AGG $2,000 000 __. j___—.__—_.._----- GENT. AGGREGATE LIMIT APPLIES PER'. PRO- LOD POLICY JECT AUTOMOBILE LIABILITY 04/01/07 04/01/08 COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000,000 X ANY AUTO CAP3504416 IA ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY EA ACC 8 1 ANY AUTO OTHER THAN AUTO ONLY'. AGO $ EACH OCCURRENCE $5,000,000 EXCESS/UMBRELLA LIABILITY CLAIMS MADE CUP2577607 04/01/07 04/01/08 AGGREGATE s 5,000 000 $ A X OCCUR DEDUCTIBLE $ X RETENTION $10 000 X TORY LIMITS ER WORXERS COMPENSATONAND EMPLOYERS'LIABILITY 4028616 07/01/07 07/01/08 E.L.EACH ACCIDENT $1000000 B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ 1000000 O yFyFICERIMEMBER EXCLUDED? describeE. L. DISEASE - POLICY LIMIT $1000000 SPas, ECIAL below OTHER A (Leased / Rented CLP3225990 04/01/07 04/01/08 Limit $250,000 E i ment DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS but 'City of Fort Collins is an additional insured on the general liability, only with respects to liability arising out of the insureds operations. KPETERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Fort Collins NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Engineering Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO BOX 580 REPRESENTATIVES. Fort Collins CO 80522-0580 •„runo,�cn CCU. FCFMTATIVF ACORD 25 42001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. L L L L L L t ,L SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 6075 Trolley Brick Restoration Project PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER City of Fort Collins CONTRACTOR GLH Construction, Inc CONTRACT DATE January 14, 2008 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 0 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 REMARKS DATE Rev 10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO Gentlemen , 20 You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins proDect, 6075 Trolley Brick Restoration Pro ect 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 , 20 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 Rev 10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM GLH Construction, Inc (CONTRACTOR) PROJECT 6075 Trolley Brick Restoration Project 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 Rev 10/20/07 Section 00650 Page 1 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 GLH Construction, Inc 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 My Commission Expires Notary Public Rev 10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins Colorado (hereinafter referred to as the "OWNER') CONTRACTOR _GLH Construction, Inc PROJECT 6075 Trolley Brick Restoration Pro]ect CONTRACT DATE In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) M ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact Rev 10/20/07 Section 00660 Page 3 SECTION 00670 Section 00670 Page 1 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Trolley Brick Restoration Project BID NO 6075 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS December 6, 2007 — 3 00 P M (OUR CLOCK) where renewal is a way of life DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232 2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26 114(1)(a)(XIX) 0 uU NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below This exemption does not Include or apply to the purchase or rental of equipment supplies and matenals which are purchased rented or consumed by the contractor and which do not become part of the structure highway road street or other public works owned and used by the exempt organization Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law A separate certificate is required for each contract Subcontractors will not be issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime contractor to issue certificates to each of the subcontractors (See reverse side) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED Registration/Account No (to be assigned by DORI Period 89 - 0170-750 (999) $0 00 Trade name/DBA Owner partner or corporate name Mailing address (City State Zip) Contact Person E Mail address Federal Employers Identification Number Bid amount for your contract Fax Number Business telephone number Colorado vnthholding tax account number ) if 4 qY ry a iytad bq! b E P u yX ` Name of exempt organization (as shown on contract) Exempt organizations number 9 of exempt organization (City State Zip) Principal contact at exempt organization Principal contact s telephone number Physical location of project site (give actual address when applicable and Cities and/or County ties) where protect is located) Scheduled Month Day Year construction start date Estimated Month Day Vear completion date It er It 'r tin if declare under penalty of perjury In the second degree that the statements made In this application are true and complete to the best of my knowledge Signature of owner partner or corporate officer Title of corporate officer Date nn rTnT t1 D tTU OUT n117 TTrlI T Section 00670 Page 2 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 Contractors Exemption Certificate on exempt projects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the protect 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 protects 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 00670 Page 3 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS M& CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee EJCDC No 1910 8 (1990 Edition) as a base Changes to that document we shown by underlining text that has been added and striking through text that has been deleted EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9199) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title DEFINITIONS 11 Addenda 12 Agreement 1 3 Application for payment 14 Asbestos 15 Bid 16 Bidding Documents 17 Bidding Requirements 18 Bonds 19 Change Order 1 10 Contract Documents 1 11 Contract Price 112 Contract Tim as 113 CONTRACTOR 114 defective 1 15 Drawings 1 16 Effective Date of the Agreement 117 ENGINEER 118 ENGINEERS Consultant 1 19 Field Order 120 General Requirements 121 Hazardous Waste 122 a Laws and Regulations Laws or Regulations 1 22 b Legal Holidays 123 Liens 124 Milestone 1 25 Notice of Award 126 Nonce to Proceed 127 OWNER 129 Partial Utilization 129 PCBs 130 Petroleum 131 Project 1 32 a Radioactive Material 1 32 b Regular Working Hours 133 Resident Project Representative 134 Samples 135 Shop Drawings 136 Specifications 137 Subcontractor 138 Substantial Completion 1 39 Supplementary Conditions 140 Supplier 141 Underground Facilities 142 Unit Price Work 143 Work 144 Work Change Directive 1 45 Written Amendment Page Article or Paragraph Number Number & Title 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 7 23 3 3 3 3 Page Number PRELIMINARY MATTERS 3 21 Delivery of Bonds 3 22 Copies of Documents 3 23 Commencement of Contract Tunes Notice to Proceed 3 24 Starting the Work 3 25 27 Betore Starting Construction CONTRACTORS Responsibility to Report Preliminary Schedues Delivery of Certificates of Insurance 34 28 Preconstruction Conference 4 29 Initially Acceptable Schedules 4 CONTRACT DOCUMENTS AMENDING REUSE 4 3 1 32 Intent 4 33 Reference to Standards and Speci ficatrcns of Technical Societies Reporting and Resolving Dis crepancies 45 34 Intent of Certain Terms or Adjectives 5 35 Amending Contract Documents 5 36 Supplementing Contract Documents 5 37 Reuse of Docum ents j AVAILABILITY OF LANDS SUBSURFACE AND PHYSICAL CONDITIONS REFERENCE POINTS 5 41 Availability of Lands 5-6 4 2 Subsurface and Physical Conditions 6 42 1 Reports and Drawings 6 422 Limited Reliance by CONTRAC TORAuthorized Technical Data 6 4 2 3 Notice of Differing Subsurface or Physical Conditions 6 42 4 ENGINEER s Review 6 42 5 Possible Contract Documents Change 6 4 2 6 Possible Price and Times Adjustments 67 43 Physical Conditions Underground Facilities 7 43 1 Shown or Indicated 7 43 2 Not Shown or Indicated 7 44 Reference Points 7 EICD(, GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 45 Asbestos, PCBs Petroleum 625 Submittal Proceedures CON Hazardous Waste or TRACTOR Review Prior Radioactive Material 7 8 to Shop Drawing or Sample Submittal 16 5 13ONDS AND INSURANCE 8 626 Shop Drawing & Sample Submit 51 52 Performance Payment and Other talc Review by ENGINEER 16-17 Bonds 8 627 Responsibility for Variations 53 Licensed Sureties and Insurers From Contract Documents 17 Certificates of Insurance 8 628 Related Work Performed Prior 54 CONTRACTOR s Liability to ENGINEER s Review and Insurance 9 Approval of Required 55 OWNER s Liability Insurance 9 Submittals 17 56 Property Insurance 9 10 629 Contmmng the Work 17 57 Boiler and Machinery or Addi 630 CONTRACTORS General tional Property Insurance 10 Warranty and Guarantee 17 58 Notice of Cancellation Prousion 10 631 633 Indemnification 17 18 59 CONTRACTOR s Responsibility 634 Survival of Obligations 18 for Deductible Amounts 10 510 Other Special Insurance 10 7 OTHER WORK 18 5 11 Waiver of Rights 11 71 73 Related Work at Site 18 5 12 5 13 Receipt and Application of 74 Coordmatiorl 18 Insurance Proceeds 10 11 514 Acceptance of Bonds and Insa 8 OWNER S RESPONSIBILITIES 18 ance Option to Replace 11 8 1 Communications to CON 5 15 Partial Utilization Property TRACTOR 18 Insurance 11 82 Replacement of ENGINEER 18 83 Furnish Data andPay Promptly 5 CONTRACTORS RESPONSIBILITIES 11 When Due 18 6 1 6 2 Supervision and Superintendencg 11 84 Lands and Easements Reports 6 3 6 5 Labor Materials and Equipment 11 12 and Tests 18 19 66 Progress Schedule 12 85 Insurance 19 67 Substitutes and Or Equal Items 86 Change Orders 19 CONTRACTOR s Expense 87 Inspections Tests and Substitute Construction Approvals 19 Methods or Procedures 88 Stop or Suspend Work ENGINEERS Evaluation 1213 Terminate CONTRACTORS 68611 Concerning Subcontractors Services 19 Suppliers and Others 89 Limitations on OWNER S Waiver of ILghts 13 14 Responsibilities 19 6 12 Patent Fees and Royalties 14 810 Asbestos PCBs Petroleum 613 Permits 14 Hazardous Waste or 614 Laws and Regulations 14 Radioactive Material 19 615 Taxes 14 15 8 11 Evidence of Financal 616 Use of Premises 15 Arrangements 19 617 Site Cleanliness 15 618 Safe Structural Loading 15 9 ENGINEERS STATUS DURING 619 Record Documents 15 CONSTRUCTION 19 620 Safety and Protection 15 16 91 OWNER s Representative 19 621 Safety Representative 16 92 Visits to Site 19 622 Hazard Communication Programs 16 93 Project Representative 19 21 623 Emergencies 16 94 Clarifications and Interpre 624 Shop Drawings and Samples 16 tations 21 95 Authorized Variations in Vbrk 21 ETCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 96 Rejecting Defective Work 21 138 139 Uncovering Work at ENGI 9799 Shop Dmwmgs, Change Orders NEER s Request 2728 and Payments 21 1310 OWNER May Stop the Work 28 910 Determinatms for Unit Prices 21 22 1311 Correction or Removal of 911 912 Decisions on Disputes ENGI Defective Work 28 NEER as Initial Interpreter z2 13 12 Correction Period 28 913 Limitations on ENGINEER s 13 13 Acceptance of Defective Work 28 Authority and Responsibilities 2223 1314 OWNER May Correct Defective Work 2829 CHANGES IN THE WORK 23 101 OWNERS Ordered Change 23 14 PAYMENTS TO CONTRACTOR AND 102 Claim for Adjustment 23 COMPLETION 29 103 Work Not Required by Contact 141 Schedule of Values 29 Documents 23 142 Application for Progress 104 Change Orders 23 Payment 29 10 5 Notification of Surety 23 143 CONTRACTORS Warranty of Title 29 CHANGE OF CONTRACT PRICE z3 144 147 Review of Applicatims, for 11 1 113 Contract Price Claim for Progress Payments 2930 Adjustment Value of 148 149 Substantial Completion 30 the Work 23 24 1410 Partial Utilization 3031 11 4 Cost of the Work 2425 1411 Final Inspecticq 31 11 5 Exclusions to Cost of the Work 25 1412 Final Application for Payment 31 116 CONTRACTORS Fee 25 1413 14 14 Final Payment and Acceptance 31 11 7 Cost Records 2526 1415 Waiver of Claims 3132 11 8 Cash Allowances 26 119 Unit Price Work 26 15 SUSPENSION OF WORK AND TERMINATION 32 CHANGE OF CONTRACT TIMES 26 151 OWNER May Suspend Work 32 121 Claim for Adjustment 26 152 154 OWNER May Terminate 32 122 Time of the Essence 26 155 CONTRACTOR May Stop 123 Delays Beyond CONTRACTORS Work or Terminate 3233 Control 2627 124 Delays Beyond OWNERS and 16 DISPUTE RESOLUTION 33 CONTRACTORS Control 27 17 MISCELLANEOUS 33 TESTS AND INSPECTIONS CORRECTION 171 Giving Notice 33 REMOVAL OR ACCFPTANCE OF 172 Computation of Times 33 DEFECTIVE WORK 27 173 Notice of Clam 33 131 Notice of Defects 27 174 Cumulative Remedies 33 13 2 Access to the Work 27 175 Professional Fees and Court 133 Tests and Inspections Costs Included 33 CONTRACTOR s Cooperation 27 176 Applicable State Laws 3334 13 4 OWNERS Responsibilities Intentionally left blank 35 Independent Testing Laboratory 27 135 CONTRACTORS EXHIBIT GC A (Optional) Responsibilities 27 Dispute Resolution Agreement GC Al 136 13 7 Covering Work Prior to Inspec 16 1 16 6 Arbitration GC Al tion Testing or Approval 27 167 Mediation GC Al EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of Bonds and Insurance 514 defective Work 1041 135 1313 final payment 912, 1415 insurance 5 14 other Work, by CONTRACTOR 73 Substitutes and Or Equal Items 6 7 1 Work by OWNER 25 630 634 Access to the Lands OWNER and CONTRACTOR responsibilities 41 site related Wok 72 Work, 132 1314 149 Acts or Omissions Acts and Omissions CONTRACTOR 691 9133 ENGINEER 620 9 13 3 OWNER 020 89 Addenda definition of (also see definition of Specifications) (1 6 1 10 6 19) 1 1 Additional Property Insurances 57 Adjustments Contract Price or Contract Times 15 35 41 432 452 453 94 95 102104 11 12 148 15 1 progress schedule 66 Agreement definition of 12 All Risk Insurance policy form 562 Allowances Cash 118 Amending Contract Documents 35 Amendment Written in general 1 10 1 45 3 5 5 10 5 12 6 6 2 682 619 101 104 112 121 13122 1472 Appeal OWNER or CONTRACTOR intent to 9 10 9 11 10 4 16 2 16 5 Application for Payment definition of 13 ENGINEERS Responsibility 99 tnnal payment 9 13 4 9 13 5 14 12 14 15 in general 2 8 2 9 5 6 4 9 10 15 5 progress payment 141 147 review of 144 147 Arbitration 161 166 Asbestos clams pursuant thereto 452 45 3 CONTRACTOR authorized to stop Work 4 52 definition of 14 Article or Paragraph Number OWNER responsibility for 451 810 possible price and times change 452 Authorized Variations in Work 36 625 627 95 Availability of Lands 41 84 Award, Notice of defined 125 Before Starting Construction 25 2 8 Bid —definition of 15 (1 1 110 2 3 3 3 4264 613 1143 1191) Bidding Documents definition of 1 6 (6 8 2) Bidding Requirements definition of 17(11 4262) Bonds acceptance of 5 14 additional bonds 105 11459 Cost of the Work 1154 definition of ) 8 delivery of 21 5 1 final Application for Payment 1412 1414 general 110 5 1 5 3 5 13 913 105 1476 Performance Payment and Other 5 1 5 2 Bonds and Insurance in general 5 Budder s risk all risk policy form 5 6 2 Cancellation Provisions Insurance 5411 58 5 15 (,ash Allowances 11 8 Certificate of Substantial Completion 138 63023 148 1410 Certificates of Inspection 9 134 135 1412 Certificates of Insurance 27 53 5 4 11 54 13 565 58 514 9 13 4 1412 Change in Contract Price Cash Allowances 118 claim for price adjustment 4 1 4 2 6 4 5 515 6 8 2 9 4 95 911 102 105 112 139 13 13 13 14 14 7 151 155 CONTRACTOR s fee 116 Cost of the Work general 114 117 Exclusions to 115 Cost Records 117 in general 1 19 144 9 11 10 4 2 1043 11 Lump Sum Prncng 11 3 2 Notification of Surety 105 Scope of 103 104 Testing and Inspection Uncovering the Work 139 ErCDC GENERA. CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Unit Price Work 119 CONTRACTORS Fee 116 Article or Paragraph Article or Paragraph Number Number Value of Work 113 CONTRACTOR s liability 54 612,616 631 Change in Contract Times Cost of the Work 114 115 Claim for tim es adlustm en1 41 426 45 5 15 Decisions on Disputes 911 912 6 8 2, 9 4 9 5 9 11 10 Z 10 5 121 Dispute Resolution 161 13 9 13 13 13 14 14 7 15 1 155 Dispute Resolution Agreement 16 116 6 Contractual time lmi its 122 ENGINEER as initial interpretol 911 Delays beyond CONTRACTORS Lump Sum Pricing 1132 control 123 Notice of 173 Delays beyond OWNERS and OWNERS 9 4 9 5 9 11 10 2 112 119 CONTRACTORS control 124 12 1 13 9 13 13 13 14 173 Notification of surely 105 OWNER s liability 55 Scope of change 103 104 OWNER may refuse to make payment 347 Change Orders Professional Foes and Court Costs Acceptance ofD%cave Work 13 13 Included 175 Amending Contract Documents 35 request for formal decision on 911 Cash AI lowances 118 Substitute Items 6 7 1 2 Change of Contract Price 11 Time Extension 121 Change of Contract Times 12 Time requirements 911 121 Changes in the Work 10 Unit Price Work 1193 CONTRACTORs Fee 116 Value of 113 Cost of the Work 114 11 7 Waiver of on Final Payment 1414 1415 Cost Records 117 Work Change Directive 102 definition of 1 9 written notice required 911 112 121 emergencies 023 Clarifications and Interpretations 363 94 911 ENGINEER s responsibility 98104 112 121 Clean Site 017 execution of 104 Codes of Technical Society Organization Indemmfiction 612 616 631633 or Association 333 Insurance Bonds and 5 10 5 13 105 Commencement of Contract Times 23 OWNER may tennmate 152154 Communications OWNER s Responsibility 86 104 general 6 2 692 81 Physical Conditions Hazard Communication Programs 622 Subsurface and, 42 Completion Underground Facilities 4 3 2 Final Application for Payment 1412 Record Documents 619 Final Inspection 1411 Scope of Change 103 104 Final Payment and Acceptance 1413 1414 Substitutes 673 6 8 2 Partial Utilization 1410 Unit Price Work 119 Substantial Completion 1 38 148 149 value of Work, covered by 113 Waiver of Claims 1415 Changes in the Work 10 Computation of Times 17211722 Notification of surety 105 Concerning Subcontractors Suppliers OWNERS and CONTRACTOR, and Others 68611 responsibilities 104 Conferences Right to an adjustment 102 initially acceptable schedules 29 Scope of change 103 104 preconstruction 28 Claims Conflict Error Ambiguity Discrepancy against CONTRACTOR 616 CONTRACTOR to Report 25 3 32 against ENGINEER 632 Construction before starting by against OWNER 632 CONTRACTOR 2 5 2 7 Change of Contract Price 94 112 Construction Machinery Equipment etc 64 Change of Contract Tunes 94 121 Continuing the Work 629 104 CONTRACTORS 4 71 94 95 911 102 Contract Documents 11 2 11 9 12 1 13 9 148 Amending 35 151 155 173 Bonds 51 EXEC GENERAL CONDITIONS 1910 S (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances ] 1 8 Stop Work requirements 452 CONTRACTORS — Article or Paragraph Number Change of Contract Price 1 I Change of Contract Times 12 Changes in the Work 104 105 check and verify 25 Clarifications and Interpretations 32 36 94 911 definition of 1 10 ENGINEER as initial interpreter of 911 ENGINEER as OWNERS representative 91 general3 Insurance 53 Intent 31 34 minor variations in the Work 36 OWNERS responsibility to furnish data 83 OWNERS responsibility to make prompt payment 83 144 1413 precedence 3 1 3 3 3 Record Documents 619 Reference to Standards and Specifications of Technical Societies 33 Related Work 72 Reporting and Resolving Discrepancies 25 33 Reuse of 37 Supplementing 3 6 Termmation of ENGINEER s Employment 82 Unit Price Work 119 variations 36 623 627 Visits to Site ENGINEERS 92 Contract Price adjustment of 35 41 94 103 112 113 Change of I I Decision on Disputes 911 definition of 1 11 Contract Times adlustm ent of 3 5 4 1 9 4 10 3 12 Change of 121 124 Commencement of 23 definition of 1 12 CONTRACTOR Acceptance of Insurance 5 14 Communications 62 6 9 2 Continue Work 629 104 coordination and scheduling 692 definition of 1 13 Limited Reliance on Technical Data Authorized 4 2 2 May Stop Work or Term mate 155 provide site access to others 72 132 Safety and Protection 43 12 6 16 618 621 623 72 132 Shop Drawing and Sample Review Prior to Submittal vu 6 25 Article or Paragraph Number Compensation 11 1 112 Continuing Obligation 1415 Defective Work 96 13 10-13 14 Duty to correct defective Work 1311 Duty to Report Changes in the Work caused by Emergency 623 Defects in Work of Others 73 Differmg conditions 423 Discrepancy in Documents 25 332 6 14 2 Underground Facilities not indicated 432 Emergencies 623 Equipment and Machinery Rental Cost of the Work 11453 Fee Cost Plus 114 5 6 115 1 116 General Warranty and Guarantee 630 Hazard Communication Programs 622 Indemnification 6 1 Z 616 631 633 Inspection of the Work 73 134 Labor Materials and Equipment 6 3 6 5 Laws and Regulations, Compliance by 6 14 1 Liability Insurance 54 Notice of Intent to Appeal 910 104 obligation to perform and complete the Work 630 Patent Fees and Royalties paid for by 612 Performance and Other Bonds 5 1 Permits obtained and paid for by 4 13 Progress Schedule 26 28 29 66 629 104 1521 Request for formal decisionon disputes 911 Responsibilities Changes in the Work 101 Concerning Subcontractors Suppliers and Others 68611 Continuing the Work 629 104 CONTRACTOR s expense 67 1 CONTRACTOR s General Warranty and Guarantee 630 CONTRACTOR s review prior to Shop Drawing or Sample submittal 625 Coordination of Work 692 Emergencies 623 ENGINEERS evaluation Substitutes or Or Equal Items 6 7 3 For Acts and Omissions of Others 6 9 1 692 913 for deductible amounts insurance 59 general 6 72 73 89 Hazardous Communication Programs 622 Indemnification 631633 EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)