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HomeMy WebLinkAbout266367 METRO WEST COMMUNICATIONS LLC - CONTRACT - BID - 5688 TRAFFIC OPERATIONS COMMUNICATIONS PHASE ITRAFFIC OPERATIONS COMMUNICATIONS PHASE 1 BID NO, 5688 CITY OF FORT COLLINS PURCHASING DIVISION 215 N MASON, 2ND FLOOR OPENING DATE: MARCH 20, 2002, 3:OOP.M. (Our Clock) SECTION 00100 INSTRUCTIONS TO BIDDERS Article or Paragraph Number written notice required„ ................. 7.1, 9.4, 9.11, ...................................11.2, 11.9, 14.7, 15.4 PCBs-- definitionof.....................................................1.29 general..............................................................4.5 OWNER'S responsibility for...............................8.10 Partial Utilization -- definition of.....................................................1.28 general 6.30.2.4, 14.10 Property Insurance ............................................ 5.15 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,,,, 6.12 Payment Bonds,,.,_,_, .......j.1-5.2 Payments, Recommendation of .............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ................. 14.2 CONTRACTOR's Warranty of Title .............. 14,3 Final Application for Payment_,,..,__, ................. 14.12 Final Inspection .............................................. 14.11 Final Payment and Acceptancg............... 14,13-14.14 general.......... ... ............................................ $ 3, 14 Partial Utilization............................................14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments...............................14.4-14.7 prompt payment ................................ Schedule of Values ...... ............. 14.1 Substantial Completion ... ...............„ ...14.8-14.9 Waiver of Claims .,...(4.15 when payments due ........................... 4.... 14.4, 14.13 withholding payment .............................. 14.7 Performance Bonds ............................................ S,1-5.2 Permits............................................................6.13 Petroleum -- definition of.....................................................1.30 general..............................................................4.5 OWNER'S responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating to ............... 4.2.1.2 ENGINEER'S review ......................................... 4.2.4 existing structures................................... .4.2.2 general 4.2.1.2.............................. .......................... Notice of Differing Subsurface or, ..................... .2.3 Possible Contract Documents Change,..,,,...„....4.2.5 Possible Price and Times Adjustmentg,,,,,_..., 4.2.6 Reports and Drawings ........................ ............ 4.2.1 Subsurface and .................................................... .2 Subsurface Conditions 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ............... 4.2.2 Underground Facilities-- general.........................................................4.3 Not Shown or Indicated,,,,,,,,,,,,,, 4.3 2 Protection of ................ xii Article or Paragraph Number Shown or Indicated ................................................ 4.3.1 Technical Data ............................................... 4.2.2 Preconstruction Conference,,..,,..._„ 2.8 Preliminary Matters,,.,.,._..,, Preliminary Schedules..............................................2.6 Premises, Use of ............................................. 6.16-6.18 Price, Change of Contract...........................................11 Price, Contract --definition of,,,,,,,,,,,,,,,,, , 1.11 Progress Payment, Applications fol................ )4,2 Progress Payment--retainage................................... 14.2 Progress schedule, CONTRACTORS ............ 2.6, 2.8, 2.9, ................................. 6.6, 6.29, 10.4, 15.2.1 Project --definition of...............................................1.31 Project Representative-- ENGINEER's Status During Construction,,,,,...,,,. 9.3 Project Representative, Resident --definition of; ......... 1.33 prompt payment by OWNER.....................................8.3 Property Insurance-- Additional.........................................................5.7 general5.6-5.10 Partial Utilization ......................... ......5.15, 14.10.2 receipt and application of proceeds ,..,...,..„5.12-5.13 Protection, Safety and ............. 0..20-6.21, 13.2 Punch list Radioactive Material-- defintion of.....................................................1.32 genera14.5 OWNER's responsibility for ................. $.10 Recommendation of Payment. ............. 14.4, 14.5, 14.13 Record Documents ..................................... 6.19, 14.12 Records, procedures for maintaining .......................... 2,8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies ................ 3.3 Regulations, Laws and(or)...................................... 6.14 Rejecting Defective Work ................................. 9.6 Related Work -- ........ atSite .......................................... ... ........... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,....,,, 6.28 Remedies, cumulative......................................17.4, 17.5 Removal or Correction ofDefective Work,,,,,,,,,,,,,,, 13.11 rental agreements, OWNER approval required .... 11.4.5.3 replacement of ENGINEER, by OWNER,,,,,,,,,,,,,,,,, 8,2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6.14.2 Reports -- and Drawings ................................................. 4.2.1 and Tests, OWNER's responsibility,,,,,,,...,, 8A Resident and Project Representative -- definition of....................................................1.33 provisionfor............................................................ 9.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number Resident Superintendent, CONTRACTOR$ ............... 6.2 Responsibilities-- CONTRACTORs-in general .................................. 6 ENGINEER's-in general........................................9 Limitations on, ............................................ 9.13 OWNERS -in general ............................................. Retainage............................................................1.4.2 Reuse of Documents..................................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...........................6.25 Review of Applications for Progress Payments .................................... 14.4-14.7 Right to an adjustment...........................................10.2 Rightsof Way..........................................................4.1 Royalties, Patent Fees and...............................I......6.12 Safe Structural Loading..........................................0.18 Safety -- and Protection................................4.3.2, 6.16, 6.18, ......................................6.20-6.21, 7.2, 13.2 general.....................................................6.20-6.23 Representative, CONTRACTOR's.......................6.21 Samples -- definition of.....................................................1.34 general .................................................... 6.24-6.28 Review by CONTRACTOR...............................6.25 Review by ENGINEER..............................k.26, 6.27 related Work.....................................................6.28 submittal of....................................................0,24.2 submittal procedures.........................................6.25 Schedule of progress.............................2.6, 2.8-2.9, 6.6, .........................................6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values..............................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting...........................................................0..6 Change of Contract Times.................................10.4 Initially Acceptable ...................................... 2.8, 2.9 Preliminary........................................................2.6 Scope of Changes......................................10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings -- and Samples, general ................................ 6.24-6.28 Change Orders & Applications for Payments, and.........................................9.7-9.9 definition of......................................................1.35 ENGINEER's approval of ................................ 3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6.24-6.2E related Work.....................................................6.2E review procedures...............................2.8, 6.24-6.2E Article or Paragraph Number submittal required ............................................... 6.24.1 Submittal Procedures ........................................ 6.25 use to approve substitution§..............................6.7.3 Shown or Indicated...............................................4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness......................................................0.17 Site, Visits to -- by ENGINEER .......................................... 9.2, 13.2 byothers..........................................................13.2 "special causes of loss" policy form, insurance........................................................5.6.2 definition of.....................................................1.36 Specifications-- defination of....................................................1.36 of Technical Societies, reference to..................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before..............................2.5-2.8 Starting the Work.....................................................ZA Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER ..................................... 8.8, 13.10, 15.1 Storage of materials and equipment .....................4.1, 7.2 Structural Loading, Safety ....................................... 6.18 Subcontractor -- Concerning ................................................ 6.8-6.11 definition of....................................................1.37 delays.............................................................12.3 waiver of rights................................................6.11 Subcontractors --in general.................................6.8-6.11 Subcontracts --required provision$.......,, 5.11, 6.11, 11.4.3 Submittals -- Applications for Payment.................................14.2 Maintenance and Operation Manual$ .............. 14.12 Procedures.......................................................6.25 Progress Schedules.......................................2.6, 2.9 Samples...................................................0.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions ..................................... 2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion — certification of............................0t30.2.3, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedures......, 6.7.2 Substitutes and "Or Equal" Item$...............................6.7 CONTRACTOR'S Expense............................6.7.1.3 ENGINEERS Evaluation.................................6.7.3 "Or -Equal ..................................................... 0.7.1.1 Substitute Construction Methods xili EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ui Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items,,,,,,,,,,,,,,,,„.......................... 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relathg to,,,,,,,,,,,,,, 4.241.2 ENGINEER's Review general .............. Limited Reliance by CONTRACTOR .4.2 Authorized..................................4.........4...4.2.2 Notice of Differing Subsurface or Physical Conditions,,,,,,,,,,,,,,,,,, 4............... 4.2.3 Physical Conditions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ....... Possible Contract Documents Change,,,,,,,,....„.4.2.5 Possible Price andTimes Adjustments,..,,,,,,, 4.2.6 Reports and Drawings ................ 4.............-...... 4.2.1 Subsurface and ................................................... 4.2 Subsurface Conditions at the Site,,,,,,,,,,,,,,,,,, 4.2.1.1 Technical Data, ........ 4 ....... Supervision_ CONTRACTOR's responsibility ................ 6.1 OWNER shall not supervise,,,,,,,,,,,,, 8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9.13.2 Superintendence,,,,,,, ............................................ . 6 2 Superintendent, CONTRACTOR's resident 6,2 Supplemental costs .............................................. , 11.4.5 Supplementary Conditions -- definition of..................................4..................1.39 principal references to,,,,,,,,,,,,,,,, 1.10, 1.18, 2.2, 2.7, ........................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, .......... 5.11, 648, 6.13, 7.4, 8.11, 943, 9410 Supplementing Contract Documents,,,,,,,,,,,,,,, 3.6 Supplier -- definition of.....................................................1.40 principal references to .... ...... 3.7, 6.5, 6.8-6.11, 6.20, ..........................................6.24, 9.13, 14.12 Waiver of Rights...............................................6.11 Surety -- consent to final payment,,,,,,,,,,,,,,,,,,, 14.12, 14.14 ENGINEER has no duty to,,,,,,,,, ............ 4.......... 9.13 Notification of,,,,,,,,,,,,,,,,,,,,,,,,,, 10.1, 10.5, 15.2 qualification of,,,,, Survival of Obligations ............................ 6.34 Suspend Work, OWNER May,,,,,, 4 ........... j3.10, 15.1 Suspension of Work and Termination--,,,,,,,,,,,,,, 15 CONTRACTOR May Stop Work or Terminate,,, ............................................. 15.5 OWNER May Suspend Work ...................... 15.1 OWNER May Terminate,.4...................... ...15.2-15.4 Taxes --Payment by CONTRACTOR,,,,,,,,,,,,,,,,, 6.15 Technical Data -- Limited Reliance by CONTRACTOR,,,,,,,,,,,,,,, Possible Price and Times Adjustments,,,,,,,,,_._„4.2.6 Reports of Differing Subsurface and Physical Conditions ,,,,,,....4........... 4......... 4... 4.2.3 xiv Temporary construction facilities4.1 Article or Paragraph Number Termination -- by CONTRACTOR ............................... ............15.5 by OWNER ........................................8.8, 15.1-15.4 ofENGINEER'semployment $.2 Suspension of Work-in general,,,,,,.,..,. Terms and Adjectives..............................................3 4 Tests and Inspections-- Access to the Work, by others,,,,,,,,,,,,,, 13.2 CONTRACTOR's responsibilities,,,,,,, ................ 13.5 cost of 13.4 covering Work prior to............................„13.6-13.7 Laws and Regulations (or),,,,,,,,,,,,,, 13.5 Notice of Defects,,,,,,,,,, 13.1 OWNER May Stop Work.................................13.10 ............ OWNER's independent testing,,,,,,,,,,,,,,,, 13.4 special, required by ENGINEER,,,, ......................... 9.6 timely notice required......................................13.4 Uncovering the Work, at ENGINSER's request.................................................13.8-13.9 Times-- Adjusting...........................................................0.6 Change of Contract.............................................12 Computation of ..................17.2 ........................... Contract Times --definition of,,,,,,,,,,,,,, 1,12 day.........................................................17.2.2 Milestones..........................................................12 Requirements-- appeals.................................................9.10, 16 clarifications, claims and disputes,,,,,,,,,,,,,,, 9.11, 11.2, 12 Commencement of Contract Times,,,,,,,,,,,,,,,, 2.3 Preconstruction Conference,,,,,,,,,,,,,,,,, 2.8 schedules.........................................2.6, 2.9, 6.6 Starting the Work,,,,,,,,,,,,,, Title, Warranty of...................................................14.3 ..........2.4 Uncovering Work............................................13.8-13.9 Underground Facilities, Physical Conditions -- definition of....................................................1.41 Not Shown or Indicated,,,,,,,,,,,,,,,,, 4.3.2 protection of ............ *,,,_... 4................ 4.3, 6.20 Shown or Indicated .......-. ....................... 4.3.1 Unit Price Work-- claims.........................................................1.1.9.3 definition of..................................................1.42 general11.9, 14.1, 14.5 Unit Prices-- general11.3.1 Determination for.............................................9.10 Use of Premises,,,,,,,,,,,,,,,,,,, ,,,,4.......6.16, 6.18, 6.3042.4 Utility owners,,,,,,,,,,,,,,,,,,,,,,,,, 4.6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial ............. 1428, 5.15, 6.30.2.4, 14.10 Value of the Work „ ..................................4............. 11.3 Values, Schedule of,,,,,,,,,,,,,, .2 6 2 8-2 9, 14.1 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work --Minor Authorized ....................................... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site —by ENGINEER .................................... 9.2 Waiver of Claims --on Final Payment ......................14.15 Waiver of Rights by insured partie$.................. 5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ............................................... 6.30 Warranty of Title, CONTRACTOR's........................14.3 Work -- Accessto..........................................................13.2 byothers ............................................................... 7 Changes in the.....................................................10 Continuing the..................................................0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of...................................................7.4 Cost of the.................................................11.4-11.5 definition of......................................................1.43 neglected by CONTRACTOR............................13.14 otherWork............................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site....................................7.1-7.3 Starting the........................................................2.4 Stopping by CONTRACTOR.............................15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minor ........... 3-6 Work Change Directive -- claims pursuant to.............................................10.2 definition of......................................................1.44 principal references to......................3.5.3, 10.1-10.2 Written Amendment -- definition of.....................................................1.45 principal references to..............1.10, 3.5, 5.10,15.12, ..........................6.6.2, 6.8.2, 6.19, 10.1, 10.4, .............. 1............. 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations, .................................. 3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR............................7.1, 9.10-9.11, ...... ......... ........... ........... 10.4, 11.2, 12.1 by OW��i .................... 9.10-9.11, 10.4, 11.2, 13.14 xv E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) ... wl CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompamed by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. I.S. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents --The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EiCDC GENERAL CONDITIONS I910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGIAEER's Consultant —A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements —Sections of Division 1 of the Specifications. 1.21. 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. 1.22.a. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1 22 b Legal Holidays —shall be those holidays observed by the City of Fort Collins. 1.23. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1,30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-5 (1990 Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1 32 b Regular Working Hours —Regular working hours are defined as 7:00am to 6:OOom unless otherwise Wified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to, illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier -A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to fiunish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41, Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work —The entire completed construction or the various separately identifiable parts thereof required to be ftuished under the Contract Documents. Work includes and is the result of perforating or furnishing labor and furnishing and incorporating materials and equipment into the construction, and perforating or furnishing services and firmishing documents, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen Physical conditions under which the Work is to be Performed as provided in paragraph 42 or 4.3 or to emergencies under paragraph 623. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as Provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds. 2.1. When CONTRACTOR delivers the executed Agreements deliver to t o OWNER such OWNER, Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall firmish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times, Notice to proceed. 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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.Times Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to ran. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar des for each review by Enemeer, 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR wid EAQ shall each deliver to the =amenter OWNER, withcopies to e'� addit.__ c"Al 4wme ENGINEER, certificates of insurance (and other evidence of insurance t requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5 ", `+ 6 and 5- . preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, before any work at the site bestirs. - conference attended by CONTRACTOR, ENGINEER and others as apprepriete designated by OWNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR'S schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project 3.2. It is the intent of the Contract Documents to ErCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. - 3.3. Reference to Standards and Specifications of Technical Societies, Reporting and Resolving Discrepancies. 3.3.1. Reference to standards, specifications, — manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest — standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. 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 instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, -- error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have — known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the Provisions of the Contract Documents would result in violation of such 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 ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms ,as ordered" "as directed" "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable" "acceptable""proper" or "satisfactory" or adjectives of like effect or i,mport are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the fiunishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER'S written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR of 6F--filing in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for Permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way Or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub - bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-159 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can 7/96 Section 00100 Page 1 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary constrttetion facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Referees is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Thoso drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the 'technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may T:ot rely upon or make any claim against OWNER, ENGINI ER or any of ENGINEER's Consultants with respect to: indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, prenq* immediately after becoming aware thereof and before fitrther disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perforrn any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 42A. ENGTNEER'T Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.2.1. the completeness of sucl, reports and 4.2.6. Possible Price and Times Adjustments: An drawings for CONTRACTOR's purposes, equitable adjustment in the Contract Price or in the including, but not limited to, any aspects of the Contract Times, or both, will be allowed to the extent that means, methods, techniques, sequences and the existence of such uncovered or revealed condition procedures of construction to be employed by causes an increase or decrease in CONTRACTOR'S cost CONTRACTOR and safety prec: rutions and of, or time required for performance of, the Work; subject, programs incident thereto, or however, to the following: 4.2.2.2. other data, interpretations, opinions and information contained in such rep, As or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface Or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any 'technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as ,o require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or FJCDC GENERAL CONDITIONS 1910-8 (19')0 Edition) w/ CITY OF FORT COLLINS MODQFTCATIONS (REV 4/2000) 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a 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; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shorn or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ti) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and Protection of all such Underground Facilities as Provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall imtn, promptly . ediatejy after becoming aware thereof and before fimrther disturbing conditions affected thereby or Performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w1 CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points. 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and Preserve the established reference Points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material. 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or Property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. . Y Y • �. .......... �t� .. 1 ME FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 4/2000) ARTICLE 5—BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall finish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also 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 are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agents authority to act. 5.2. If the surety on any Bond ftunished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.32. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. AmA40MR "I1 CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and famished and as will provide Protection from claims set forth below which may arise out Of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or famished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly 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; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.4.5. claims for damages, Other than to the Work itself, because of injury to or destruction of tangible Property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9 include as additional insureds (subject to , any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits Of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed Operations insurance; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/20oo) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' Prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 0""V n's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: f keet /* but not is ......... - - - ' :. ... furl .. f. •.. ...:' ........ •1.1 1 e. A __- be eaneelled of filatenallY ;;�s;i7mtil At least thif�. PfieF IIRTIDD' sed P 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to prated the interests of CONTRACTOR, Subcontractors or others in less sms-h identified deduetible affisuf* mill be bees hem vvishes Pr in.,._. ,.� to G(D4RACTOR by WROP.M.- FJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) 10 w./ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) F! . eesse `a! is-- have He fights -of J eOmmetB EAIfr711£ER�� ccn _ Receipt and Application of insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this Power. If such objection 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 insurersif Acceptance of Bonds and Insurance; option to Replace: 5.14, If OWNER has any objection to the coverage afforded by or other provisions of the Rendsr insurance required to be Purchased and maintained by the CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the tY OWNER will notify CONTRACTOR in writing within tea fifteen days after reeeTt delivery of the certificates (,m -«- regaested) to OWNER as required by paragraph 2.7. Other Rug addifiena! -11feFmns,g13 ipevemw Otliff PH 6eafraet Rrie&eceer�ag}y _ Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a Portion or portions of the Work prior to Substantial EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy Or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique sequence or Procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTORSs representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment. 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit reguests to the ENGINEER no less than 4,, hours in advance r, an Work to be erfotmed on Saturda Sunda lid IIoa s or outside the Regular Working Hours 11 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall fiunish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the firmishing, performance, testing, start-up and completion of the Work. 6 4 1 Purchasing Restrictions: CONTRACTOR must comply with the Citv's-urchasme restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Manaeement Division or the City Clerk's office. 6 4 2 Cement Restrictions: City of Fort Collins Resolution 91 121 requires that suppliers and producers of cement or products contaimne cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the mine 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 FdCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or mate-ial or equipment of other Suppliers may be — accepted by ENGINEER under the following circumstances: - 6.7.1.1. "Or -Equal": If in ENGINEER's sole — discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment — proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient — information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the fallowing as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of — Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other - direct contract with OWNER for work on the Project) to adapt the design to the proposed — substitute and whether or not inco[poration or use of the substitute in connection with the Work subject to payment of any license fee or royalr All variations of the proposed substitute from th specified will be identified in the application a; available maintenance, repair and replaceme, _. service will be indicated The application wih 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 famish additional data about the proposed substitute. 6.7.1.3. CONTRACTORSs Expense: All data to be Provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or Procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR' expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to famish or perform any of the Work against whom CONTRACTOR has reasonable objection. EICDC GENERAL CONDITIONS 1910-5 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) CONTRACTOR shall�ient 20 percent of the Work t is without subcontrachnment shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Pnce. 6.8.2. Biddine Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the Principal items of materials or equipment) to be submitted to OWNER date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,--end--tf OWNER's or ENGINEER's acceptance (either in writing or by tailing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of in wh eh ease Rush substitution aild _ Will or ENGINEER of any such Subcontracttor,�wnrx Supplier or other person or organization shall constitute a waiver Of any right of OWNER or ENGINEER to reject defective Work. 6_9. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or famishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR' own ads and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may famish to anv subcontractor. supplier or other person or oreazuzahon evidence of amounts paid to CONTRACTOR In accordance with CONTRACTOR'S Applications for Pa ent". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or famishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or fimushing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) 14 w.J Crry OF FORT COLLINS MODIFICATIONS (REV 42000) Permits 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to famishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom- however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall riot relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15. 1 OWNER is exempt from Colorado State and local sales and use taxes on materials to be Remmanently incorporated into theyrroject. Said taxes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex 1371 Sherman Street Denver. Colorado 80261 Sales and Use Taxes for the State of Colorado Rel, opal Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All aoplicable Sales and Use Taxes (including State collected taxes) on any 'term other than construction and budding matenals Physically incorporated into the pro'ect are to be Paid by CONTRACTOR and are to be included in apprwnnate bid items Use of Premises: 6.16. CONTRACTOR shall confine construction equipment the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the Performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents, 6.18. CONTRACTOR shall not load nor pemrit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents. EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to Paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety Precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to Prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any Other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in Part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder ._ to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair ._ his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study - and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of -. the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be 7/96 Section 00100 Page 2 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 625.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation , requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, stripping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 625.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR'S obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of any of them to perform or finish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor. Supplier or other person or organization under workers' c,,mpensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER'S onsultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of ,ny of them. Survival of Obligations., 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given ir. accordance with the Contract Documents, as well as al: continuing obligations indicated in the Contract Docu nents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work re:ated to the Project at the site by OWNER's own forces, :lr let other direct contracts therefor which shall contain General Conditions similar to these, or have other wort: performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim ierefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time an, the parties are unable to agree as to the amount or extent th�Teof. 7.2. CONTRACTOR shall afford each othe contractor who is a party to such a direct contract and rach utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unles otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the writtm consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCDC GENERAL COMMONS 1910-8 (199(1 Edition) 18 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. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'S Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4, If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whose status under the Contract Documents shall be that of the former ENGINEER 8.3, OWNER shall firmish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph4.2 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. "'.. b" �v bg 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 152 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and Program incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or Performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or famish the Work in accordance with the Contract Documents. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 0WNER Is Representative. 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to site. 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects Of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER' visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and Particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or Performance of the Work. Project Representative. 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 Geaof these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Ruselemeiggp, Fro rli� A 9.3.2. Duties and Responsibilities Representative will. 9.3.2.1. Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9 3 2 2 Conferences and Meetina - Attend meeting with the CONTRACTOR such as !reconstruction conferences progress meetings and other job conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3.Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR working mincinally through CONTRACTOR'S suuermtendent to assist the CONTRACTOR in understanding the Contract Documents. 9 3 2 3 2 Assist in obtaining from OWNER additional derails or information when required, for proper execution of the work. 9 3 2 3 3 Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Dmwmg or s mole submission if the submission has not been approved by the ENGINEER. 9 3 2 4 Review of Work Reiection of Defective Work Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceedm¢ m accordance with the Contract Documents. 9 3 2 4 3 Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project record the results of these inspections and report to the ENGINEER. 9 3 2 5 Interpretation of Contract Documents Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and tmnstntt to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER. 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 20 w/ Crry OF FORT COLLINS MODIFICATIONS (REV 412000) modification in Drawings or Specifications and retort these recommendations to ENGINEER. Accumteiv transmit to CONTRACTOR decisions issued by the ENGINEER. 9.3.2.7. Records. 9.3.2 7 3 Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of equipment and materials 9.3.2.8. Report. 9 3 2 8 1 Furnish ENGINEER periodic reports as rMj0d, of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop_ Drawing and sample submittals 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests, inspections or start of jmnortant phases of the Work. 9 3 2 8 3 Draft proposed Change Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and recommend to ENGINEER Chance Orders. Work Directive Changes and field orders 9 3 2 8 4 Report immediately to ENGINEER and OWNER the occurrence of any accident. 9 3 2 9 Payment Reauests Review applications for payment with CONTRACTOR for compliance with the established procedure for their Submission and forward with recommendation to ENGINEER noting^articularly the relationis in of the payment requested to the schedule of values work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.210 Completion 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completio submit to CONTRACTOR a list of observed items requume connection or completion 9.3.2.10.2. Conduct final inm ction in the coMranv of the ENGINES OWNER and CONTRACTOR and Prepare a final list of items to be corrected or completed 9.3.2.10.3. Observe that all items on the final Ilst have been corrected or co feted and make recommendations to ENGINEER concerning acceptance 9.3.3. Limitation of Authorri The Representative shall not. 9.3.3.1. Authorize any deviations from the Contract Documents or a t an substitute materials or equipment unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authoriri as set forth in the Contract Documents 9.3.3.3. Undertake any of the re nsibilities of the CONTRACTO Subcontractors, or CONTRACTOR'S superintendent 9.3.3.4. Advise on or issue directions relative to or assume control over -anyaVlq of the means methods techniques sequences or Qocedures for construction unless i specifically called for m the Contract Documents 9.3.3.5. Advise on or issue directions reeazdine or assume control over safety precautions and proeraars in connections with the Work. 9.3.3.6. Ace t Sho I Draynpp or sam le submittals from anone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to occu the Work in whole or in part 9.3.3.8. Participate in specialized field r laboratory tests or inspections conducted by others except as specifically authonzed by the ENGINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessarywhi , ch shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize mirror variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved lieves that a Field Order justifies an adjustment CONTRACTORtly. If OWNER or m theContract price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as Provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, we Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER s decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of die, requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a f rmial decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, be final and binding uponOWNER and CONTRACTOR unless: (i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 22 w/ Crry OF FORT COLLINS MODIFICATIONS (REV 4/2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter�ele 16. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9,13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perforting or furnishing any of the Work. 9.13A. ENGINEER'S review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I 1 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by es the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under Paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; Provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE I I —CHANGE OF CONTRACT PRICE I1.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.l l if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit Prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3, where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of Work: 11.4, The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; but be limited to; salaries and wages plus the cost of fiinge benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retireatent benefits, 4enuses applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or fiunished by Subcontractors. If required by OWNER, EJCDC GENERAL CONDITIONS 1910-9 (1990 Edition) 24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then detemline, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4,5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. IIA.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismanUmg and removal thereof —all in accordance with term of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11A.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the Performance and famishing of the Work (except losses and damages within the deductible amounts Of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee Proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and of specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACTOR'S fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4Y2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11_5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various Portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a f in >;ood faith with the OWNER but of to exceed five percent of the amount paid to the next lower her Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances. 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be famished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and dctemtining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may snake a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) If 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3, if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 119 3 4 CONTRACTOR acknowledges that the OWNER has the right to add or delete items m the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God Delays attributable to and issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty- first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is 7/96 Section 00100 Page 3 within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR'S sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Nodce of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at Feese>teble time for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/200o) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents, 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be or overed by inspected, tested without approved Iwrittten concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, fumishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWATER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to famish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within ette-yeaF two veers after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective 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 limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. -13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to 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 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of em year two veers after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGTNEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER'S recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article l 1. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER OWNER May Correct Defective Work: 13.14, If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perfomt 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 CONTRACTOR'S services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER'S other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values. 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to Protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. An I funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR wrth secunties or an arran ements involving an escrow or custodianshi . B exthe a licaton for ens form the CONTRACTOR expressly waives his ri ht to the benefits of Colorado Revised Statutes Section 24-91-101 et sea. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole Prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or Performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents, 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refitse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any s±>ch payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events en,merated in paragraphs 15.2.1 through 15.2.4 inclusive OWNER may refuse to make payment of th full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or fiunishing of the Work, 14.7.6. Liens have been filed in connemon with the Work, except where CONTRACTOR ha; delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OW: MR to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events en;merated in paragraphs 14.7.1 through 14.7.3 or para -aphs 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 th,xeto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satr.;faction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the "ruire Work ready for its intended use CONTRACTOR Shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial -'ompletion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EJCDC GENERAL CONDITIONS 1910-8 (19-1) Edition) 30 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 corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER'S objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Offizadon: 14.10. Use by OWNER at OWNER'S option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately fitnctioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions Of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance With the requirements of paragraph 5.15 in respect of Property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4,13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER' Property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to famish such a release or receipt in full, CONTRACTOR ntay furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms con 3mung to the format of the OWNER'S standard fomts bound m the Proleot manual Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and With ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER Will become due and will be paid by OWNER to CONTRACTOR subject to naragranh 1762 of these General Conditions. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that Portion of the Work fully completed and accepted If the remaining balance to- be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims, 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14,15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fired. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority Of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR but wbich are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such clams, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15A.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and famishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Supplier; and others; and 15.4A. for reasonable expenses directly attributable to termination. CONTRACTOR shall riot be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. 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 fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thhty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER Payment on the same terms as provided in paragraph 15.4. In hen of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as Permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and Procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice. 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time. 17.2.L When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such Period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim. 17.3. Should OWNER or CONTRACTOR suffer injury Or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be trade in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the patties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other Provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs included.. 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado a I to this A¢eement. Reference [o two pertinent are as followColorado statutes s 17.6.2. If a claim is filed OWNER is required b law (CRS 35-26-] 071 to withhold from all payments to CONTRACTOR sufficrent funds to insure the �a ruent of all claims for labor materials team hire sustenance, nsumed provender or other supplies used or consumed b CONTRACTOR or his 33 EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) 34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (This page left blank intentionally.) E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 35 EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -Al 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 r the Work. 11.0 BID FORM. 11.1. A copy Of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for -- submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and _ attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 7/96 Section 00100 Page 4 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. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1; BID NO. 5688 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 s OF THIS CHANGE ORDER TOTAL C.O.$ OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: DATE: DATE: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing 9/99 Section 00950 Page 1 Section 00960 Application for Payment Insert pages 1 - 9 9/99 I co"McT AFIOUNI9 Bid Im Nnmly DuedPN°° Uelt Q-DW Uaim Price /lmeeut $0.00 $0.00 - 10. W. $0.00 $0.00 • 10.00 $0.00 $o-W SO.o $O.W $0.00 $0.00 $0.00 10-W $0.00 $am Woo $O.W So.W SO.W $0.00 $0.W 19.00 1a:W Woo so.W. $0.00 FO-W $0.00 j0.o $0-o 1o.0 $O.W TOTALSSO.o - APKICATIOR FOR PATE W Wert cwvkw Wak Cempldd wu,k Ceeyleld "If MGA Pmrmw Pawl To Dam Qty. Al l Qty. Ame Qty. 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INk 10.00 IJek $0 W IJIk so.W INk jo-W I:Nk ja.W iJek i0.W 1:I01 $O-W INII $0-W t:kk $0.00 4.Nk $G.W utk fO.W 1a.W l:Rk CUANUE ORDERS CI.F. Cedar Nooa6a D-wW= IFUTALCUM0601WERS P1000ECY 70TALf Usk Q-04 Unh Paine Ameaot - f0.lq 10.00 $0.00 f0.00 $0.00 $9.00 $0.00 $0.00 $0,00 $0.00 $0.00 10.00 $0.00 $0.00 $0.00 $0.00 $0.00 APPUCAnON FOR PAYMENT PACE] UP 4 - Woak Complalyd nh MmM Work Cmpkw Wok C kind prwi" pak k T, DateMobio4 Stood Towl Qty. Ammmt Qtf• - Amoaml Qty- Amount ' S-w 1'rann 1'eaid T. D.to IIIHoI $0.00- $0.00 1 ' $0.00 $0.00 S0.00 I:III( $0i00im) $0.00 .� Kill) PHH f0-00 $0.00 10.00 Him . $9.00 $0.00 f0.00 Him 70.00 $0.00 $0.00 OHtt se.00' 10.00 $0.00 $0.00 0.00 I:IUI $0.00 $0.00 $0.00 f0•00 1.7t11 Moo _ Woo Woo fu.w limit $0.00 $0.00 $0.00 $0.00 17a11 $0.00 $0.00 f0 00 f0.00 I:ktt 10.00 50.00 iU.00 - $0.00 HHH $0.00 f0.0o f0.00 $9.00 HRH ' $0.00 $0.00 Wilt fo.0o limit 10.00 10.00 j0.00 $0.00 Mil S0; 00 Met $0.00 $0.00. $0.00 50.00 $0.00 UfH $0.00 $0.90 $0.00 $0.00 $0.00 limit I7 r 1 S MM MATBRML 5tam AT PAaP 4 W= a C n Hand Heeieved hwn w tin IInIJ Paorioo - This This Ih.- 1 Inaoiw ' — pecripinn Application Pc9w, Period Aplii m: e6ee N - $11 ul Hlin ` f11.111 f4I11 311 Im f11.1M1 311.IW $ 111 Som Hl.ul - f11.111 Hf,111 Slual Hi.111 $03hi $0.111 HIJ11 m.au m.ao $0.00 $OJ11 rA3s FEDERAL REQUIREMENTS TABLE OF CONTENTS Buy America Requirements Cargo Preference Requirements Seismic Safety Requirements Energy Conservation Requirements Clean Water Requirements Lobbying Access to Records and Reports Federal Changes Clean Air Recycled Products Davis -Bacon Act Contract Work Hours and Safety Standards Act Copeland Anti -Kickback Act No Government Obligation to Third Parties Program Fraud and False or Fraudulent Statements Termination Governmentwide Debarment and Suspension (Nonprocurement) Privacy Act Civil Rights Requirements Breaches and Dispute Resolution Patent and Rights in Data Disadvantaged Business Enterprise (DBE) Interests of Members of or Delegates to Congress Prohibited Interest Incorporation of Federal Transit Administration (FTA) Terms ATTACHMENTS: Attachment 1 Buy America Requirements Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements Page 1 Page 1 Page 1 Page 1 Page 2 Page 2 Page 2-3 Page 3-7 Page 7 Page 7 See CDOT See CDOT Page 7 Page 7-8 Page 8 Page 8-10 Attachment #1 Attachment #1 Page 10-11 Page 11 Page 11-12 Page 12-13 Page 13-15 See CDOT Attachment #2 Page 15 Page 15 Page 16 2 pages 1 page _BUY AMERICA REQUIREMENTS 49 U.S.C. 53230)49 CFR Part 661 The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts. The contractor agrees to comply with 49 U.S.C. 53230) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 53230)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. CARGO PREFERENCE REQUIREMENTS 46 U.S.C. 1241 46 CFR Part 381 Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use Privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding Paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading) c. to include these requirements in all subcontracts issued nurnitAn} fn 4hie SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Page 1 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 7/96 Section 00100 Page 5 CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 Clean Water (1) The Contractor agrees to comply with all applicable standards, orders or regulations _ issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 at seg . The Contractor agrees to report each violation to the Purchaser and _ understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. LOBBYING 31 U.S.C. 135249 CFR Part 1949 CFR Part 20 Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C.O 1601, at seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above ^ that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20—CERTIFICATION REGARDING LOBBYING Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal. Certification for Contracts, Grants, Loans, and Cooperative Agreements ACCESS TO RECORDS AND REPORTS r 49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access to Records - The following access to -- records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the Unites States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. —, 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Not applicable 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or I Page 2 under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the Unites States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). FEDERAL CHANGES 49 CFR Part 18 Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA (2) dated October, 1995) between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Aaalicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000 FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: Page 3 (1) 50% of the contract price if the contract price is not more than $1 million; _ (2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or (3) $2.5 million if the contract price is more than $5 million. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Bonding requirements flow down to the first tier contractors. FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: I Bid Bond Requirements (Construction) (a) Bid Security I A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent " of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to fumish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check _ (excluding any income generated thereby which has been retained by (Recipient) as provided in [item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Page 4 Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the co9ntract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non -Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. a) The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it in financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as fellows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser Page 5 amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection _ shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional ^ bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million _ but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (Recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (Recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise ^ specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. if _ required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to _ (Recipient) written by the same corporate surety that provides the Performance bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's Page 6 obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100 /o) of the CONTRACT SUM, as adjusted (if at all). CLEAN AIR 42 U.S.C.7401 etseq 40 CFR 15.61 49 CFR Part 18 Clean Air (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.O 7401 et seq. . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. RECYCLED PRODUCTS 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873 Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. DAVIS-BACON ACT 40 USCO276a-276a-5 (1995) 29 CFRO 5 (1995) Please refer to the CDOT attachment #1. COPELAND ANTI -KICKBACK ACT 40 U.S.C. 0 276c (1995) 29 C.F.R. 0 3 (1995) 29 C.F.R. 0 5 (1995) 3.1 of the Copeland Act makes it clear that the purpose of the Act is to assist in "the enforcement of the minimum wage provisions of the Davis- Bacon Act." In keeping with this intent DOL has included a section on the Copeland Act in the mandatory language of the Davis -Bacon provisions. The language can be found at 05.5(a)(5) of the Davis -Bacon model clauses and reads as follows: NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not Page 7 a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in ., part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. ^ 49 CFR Part 31 18 U.S.C.1001 49 U.S.C. 5307 Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C.0 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.0 5307, the Government reserves the right to impose the penalties of 18 U.S.C.0 1001 and 49 U.S.C.0 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION 49 U.S.C. Part 18 — FTA Circular 4220.1 D a. Termination for Convenience (General Provision) The City of Fort Collins may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Fort Collins, the ., Contractor will account for the same, and dispose of it in the manner the City of Fort Collins directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for -• Page 8 _. services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Fort Collins may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Fort Collins that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Fort Collins, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to the City of Fort Collins' satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by Contractor or written notice from the City of Fort Collins setting forth the nature of said breach or default, the City of Fort Collins shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City of Fort Collins from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City of Fort Collins shall not limit the City of Fort Collins's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. f. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor changed with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [1 0] days from the beginning of any delay, notifies the City of Fort Collins in writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is excusable, the time for completing the work shall be extended. The judgment of the City of Page 9 Fort Collins shall be final and conclusive on the parties, but subject to appeal under the _ Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in ^ default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)49 CFR Pant 29 Executive Order 12549 Instructions for Certification 1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. — 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City of Fort Collins may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the City of Fort Collins if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms 'covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction," :"participant," "persons," 'lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact the City of Fort Collins for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier ^ covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City of Fort Collins. ^ 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous, A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Page 10 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the City of Fort Collins may pursue available remedies including suspension and/or debarment. Z. Lower Tier Covered Transaction" (1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 C.F.R.0 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. PRIVACY ACT 5 U.S.C. 552 When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.0 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. CIVIL RIGHTS REQUIREMENTS 29 U.S.C.0 623, 42 U.S.C.0 2000 42 U.S.C.0 6102, 42 U.S.C.0 12112 42 U.S.C.0 12132, 49 U.S.C.0 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Civil Rights - The following requirements apply to the underlying contract (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.0 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 0 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C.0 12132, and Federal transit law at 49 U.S.C.0 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. Page 11 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. — 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies u 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 u 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, 7/96 Section 00100 Page 6 (2) Equal Employment Opportunity - The following equal employment opportunity requirements _ apply to the underlying contract: (a) Race, Color, Creed,. National Origin, Sex - In accordance with Title VI I of the Civil Rights Act, as amended, 42 U.S.C.0 2000e, and Federal transit laws at 49 U.S.C.0 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, Office of Federal Contract Compliance _ Programs, Equal Employment Op>ortunity, Department of Labor," 41 C.F.R. Parts 60 at = ., (which implement Executive Orden No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 1 1 246 Relating to Equal Employment Opportunity, 42 U.S.C.0 2000e note), and with any applicable Federal statutes, — executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the coursE of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during — employment, without regard to them race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Acme - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C.0 623 and Federal transit law at 49 U.S.C.0 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C.0 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. BREACHES AND DISPUTE RESOLUTION. 49 CFR Part 18 FTA Circular 4220.1 D - Pick applicable clause: — Disputes - Disputes arising in thf performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City of Fort Collins's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall " abide be the decision. Performance During Dispute - Unless otherwise directed by the City of Fort Collins, Contractor shall continue periormaice under this Contract while matters in dispute are being resolved. Page 12 Claims for Damages - Should either party to the Contract suffer injury or damage to person or Property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City of Fort Collins and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City of Fort Collins is located. and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City of Fort Collins, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. PATENT AND RIGHTS IN DATA 37 CFR Part 401 49 CFR Parts 18 and 19 The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FT/k is governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for awarding research grants. This model clause, with larger rights ,as a standard, is proposed with the understanding that this standard could be modified to ETA's needs. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK. A. Rights in Data - This following requirements apply to each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R.0 18.34 and 49 C.F.R.0 19.36, the Federal Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)I and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government Page 13 purposes," means use only for the direct purposes of the Federal Government. Without the _ copyright owner's consent, the Federal Government may not extend its Federal license to any other party. t. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing — experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or — Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the —, Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (a) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. _ (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause , provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, -- irrespective of the Contractor's status i.e. , a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to -- Page 14 r provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - This following requirements apply to each contract involving experimental, developmental, or research work: (1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23 Please refer to CDOT attachment #2. INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. PROHIBITED INTEREST No employee, officer, or agent of the grantee shall participate in selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such conflict would arise when: The employee, officer or agent; any member of his immediate family; his or her partner; or an organization which employs, or is about to employ, has a financial or other interest in the firm selected for award. The grantee's officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of subagreements. Page 15 A Circular 4220.I1) Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any the City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. Page 16 Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 53230)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 CFR Part 661. Date Company Name Title Page 17 Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all Bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Non -Compliance with 49 U.S.C. 53236f)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or 0)(2)(D) and the regulations in 49 CFR 661.7. Date Signature Company Name Title Page 18 CDOT ATTACHMENT #1 December 28, 2001 MININUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO.CO010001, MOD 11, HEAVY AND HIGHWAY CONSTRUCTION, STATEWIDE 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 issued by the Project Development Branch, unless such use is first approved by the Specification Unit of the Project Development Branch. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications 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. MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. DATE 12-28-01 _ C0010001 HEAVY AND HIGHWAY CONSTRUCTION STATEWIDE PAGE NO. 1 of 8 Decision No. C0010001 dated March 5, 2001 supersedes Modifications ID Decision No. C0000001 dated February 11, 2000 Mod 1 03-09-01 Page 4 1 Mod 2 05-04-01 Pages 1, 3 2 Mod 3 07-06-01 Pages 1, 2, 3 3 4 Mod 4 07-20-01 Page 3 5 Mod 5 08-10-01 Page 1,2,3,4 6 Mod 6 10-05-01 Page 1, 4 7 Mod 7 10-12-01 Page 3 8 Mod 8 10-26-01 9 Mod 9 11-02-01 10 Mod 10 11-09-01 Page 2, 3, 6 11 Mod 11 12-28-01 Page 2 5 Code Classification Basic Hourly Fringe Benefits Last Rate Mod 101 CARPENTERS $19.77 $5.40 3 151 MILLWRIGHTS 22.22 5.84 2 ELECTRICIANS: Area 1: 211 Electrical work $200,000 or less 18.98 6.14+ 3% 212 Electrical work over $200,000 22.13 6.14+ 3% Area 2: 221 Electricians 25.76 7.21+3% 3 Area 3: 231 Electricians 23.35 8.14+ 3% 3 Area 4: 241 Electricians 20.35 5.14+4% LINE CONSTRUCTION: 271 Cable Splicers 26.06 2.20+19.75% 6 272 Lineman, Gas Fitter, Welder 26.56 2.20+19.75% 6 273 Line Equipment Operator, Line Truck Crew 20.73 2.20+19.75% 6 274 Groundman 13.64 2.20+19.75% 6 281 TRAFFIC SIGNAL INSTALLER 18.56 2.00 + 10.6% 282 EQUIPMENT OPERATOR 17.48 2.00 + 10.6% 283 GROUNDMAN 11.52 2.00 + 10.6% MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. C0010001 HEAVY AND HIGHWAY CONSTRUC. ON .cTA't-'tlnnc DATE 12-28-01 Code Classification Basic Hourly Fringe Benefits Last POWER EQUIPMENT OPERATORS: (Tunnels Above and Rate Mod Below Ground, Shafts, and Raises) 301 Group 1 $20.67 $5.17 3 302 Group 2 21.02 5.17 3 303 Group 3 21.12 5.17 3 304 Group 4 21.37 5.17 3 305 Group 5 21.52 5.17 3 306 Group 6 21.67 5.17 11 307 Group 7 21.92 5.17 11 POWER EQUIPMENT OPERATORS: (Any equipment listed below being used in tunnel work, below or above ground, shall be paid not less than $2.00 per hour above the listed wage rates.) 331 Group 1 18.52 5.17 3 332 Group 2 18.87 5.17 3 333 Group 3 19.22 5.17 3 334 Group 4 19.37 5.17 3 335 Group 5 19.52 5.17 3 336 Group 6 19.67 5.17 3 337 Group 7 20.43 5.17 3 IRONWORKERS: 401 Structural, Ornamental, & Reinforcing 21.00 7.36 g LABORERS 501 Group 1 11.75 3.64 10 502 Group 2 15.10 3.64 10 503 Group 3 15.60 3.64 10 LABORERS: (TUNNEL) 511 Group 1 15.05 3.64 10 512 Group 2 15.95 3.64 10 513 Group 3 16.05 3.64 10 514 Group 4 17.15 3.64 10 515 Group 5 17.10 11 3.64 10 qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. 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 7/96 Section 00100 Page 7 MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. DATE 12-28-01 _ CO010001 HEAVY AND HIGHWAY CONSTRUCTION STATEWIDE PAGE NO.3 of 8 Cade Classifica-'ion Basic Hourly Rate Fringe Benefits Last Mod LABORERS: (SHAFTS, RAISES, MISSILE SILOS AND ALL UNDERGROUND WORK OTHER THAN TUNNELS) 531 Group 1 $16.05 $3.64 10 532 Group 2 16.20 3.64 10 533 Group 3 16.30 3.64 10 534 Group 4 16.55 3.64 10 535 Group 5 16.65 3.64 10 536 Group 6 17.25 3.64 10 LABORERS: Removal or encapsulation of Asbestos Material (including removal of asbestos from mechanical systems that are going to be scraped) and work involving the removal, handling or dealing 551 with toxic or hazardous waste. 18.45 3.64 10 WATER, SEWAGE AND GAS LINES: 571 Janitors, Yardmen, 11.75 3.64 10 572 Laborers, Traffic Control Director 14.35 3.64 10 573 Pipelayer(one per crew) 14.85 3.64 10 PAINTERS 611 Brush 19.41 4.02 5 612 Spray 20.41 4.02 5 613 Swing Stage 20.41 4.02 5 701 CEMENT MASONS 20.20 3.52 HAZARDOUS AND TOXIC WASTE 22.20 3.52 711 CONSTRUCTION SPECIALIST CONCRETE SPECIALIST: Including finishing; grouting, 23.20 3.52 721 patching, and curbing. PLUMBERS: 801 Denver County 25.67 5.99 5 802 Montezuma County 21.78 5.50 2 831 PIPEFITTERS: 25.77 5.89 7 Denver Count MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. C0010001 HEAVY AND HIGHWAY CONSTRUCTION STATEWIDE DATE 12-2 of 3f8 PAGE N0.4 8 Code Classification Basic Hourly Last Rate Fi Fringe Benefits AREA 1 PLUMBERS and PIPE FITTERS (Including HVAC Mod work); 841 Free Zone $19.85 $6.17 6 842 Zone 1* 19.85 $6.17 6 843 Hazardous Pay ** 861 AREA 2 PLUMBERS and PIPEFITTERS 24.30 6.40 5 TRUCK DRIVERS: 901 Group 1 902 Group 2 14.21 5.27 1 14.93 5.27 1 903 Group 3 15.27 5.27 1 904 Group 4 15.80 5.27 1 905 Group 5 16.45 5.27 1 906 Group 6 17.25 5.27 1 *Includes Basic Hourly Rate plus $32.00 per day per diem, for projects 40 miles or more away, when the employee stays overnight, or drives their own vehicle. **Add $2.20 per hour to the Area 1, Free Zone, Basic Hourly Rate. See pg. 7 for conditions that come under the hazardous pay definition. WELDERS - receive rate prescribed for craft performing operation to which welding is incidental. MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. DATE 12-28-01 C0010001 HEAVY AND HIGHWAY CONSTRUCTION STATEWIDE PAGE NO. 5 of 8 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)(v)]. ELECTRICIANS: Area 1: Alamosa, Archuleta, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Pueblo, Rio Grande, and Saguache Counties. Area 2: Adams, Arapahoe, Boulder, Clear Creek, Denver, Douglas, Eagle, Gilpin, Grand, Jackson, Jefferson, Lake, Larimer, Logan, Morgan, Phillips, Sedgwick, Summit, Washington, Weld, and Yuma Counties. Area 3: Cheyenne, Elbert, El Paso, Kit Carson, Lincoln, Park, and Teller Counties. Area 4: Delta, Dolores, Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Firkin, Rio ^ Blanco, Routt, San Juan, and San Miguel Counties. POWER EQUIPMENT OPERATORS CLASSIFICATIONS: (Tunnels Above and Below Ground, Shafts, and Raises) Group 1: Brakeman. ^ Group 2: Motorman. -- Group 3: Compressor. ^ Group 4: Air Tractors; Grout Machine; Gunnite Machine; Jumbo Form. - Group 5: Concrete Placement Pumps, Mucking Machines and Front End Loaders, Underground, Slusher; Mine Hoist Operator; Mechanic. Group 6: Mechanic Welder. Group 7: Mole. 11 POWER EQUIPMENT OPERATORS CLASSIFICATIONS: Group 1: Air Compressor; Oiler, Brakeman; Drill Operator - smaller than Williams MF and similar; Tender to Heavy Duty r Mechanic and/or Welder; Operators of 5 or more light plants, Welding Machines, Generators, single unit conveyor; Pumps; Vacuum Well Point System; Tractor, under 70 HP with or without attachments, Compressors, 360 C.F.M. or less. ..-, Group 2: Conveyor, handling building materials; Ditch Witch and similar Trenching Machine; Fireman or Tank Heater, road; Forklift; Haulage Motor Man; Pugmill; Portable Screening Plant with or without a spray bar; Screening Plants, with classifier; Self-propelled Roller, rubber -tires under 5 tons, Grade Checker. Group 3: Asphalt Screed; Asphalt Plant; Backfiller, Bituminous Spreader or Laydown Machine; Cableway Signalman; Caisson Drill; Williams MF, similar or larger; C.M.I. and similar, Concrete Batching Plants; Concrete Finish Machine; Concrete Gang Saw on concrete paving; Concrete Mixer, less than 1 yd.; Concrete Placement Pumps, under 8 inches; Distributors, Bituminous Surfaces; Drill, Diamond or Core; Drill Rigs, Rotary, Churn, or Cable Tool; Elevating Graders, Equipment, Lubricating and service Engineer, Engineer Fireman; Grout Machine; Gunnite Machine; Hoist, I drum; Hydraulic Backhoes, wheel mounted under 3/4 yd.; Loader, Barber Green, etc.; Loader up to and including 6 cu. yds.; Motor Grader/Blade, rough; Road Stabilization Machine; Rollers, self-propelled, all ^ types over 5 tons; Sandblasting Machine; single unit portable crusher, with or without washer; Tie Tamper, wheel mounted; Tractor, 70 HP and over with or without attachments; Trenching Machine Operator; Winch on truck. Croup 4: Cable operated Crane, track mounted; Cable operated power Shovels, Draglines, Clamshells and Backhoes, 5 cu. yds. and under; Concrete Mixer over I cu. yd.; Concrete Paver 34E or similar; Concrete Placement Pumps, 8 in. and -- over; Crane, 50 tons and under, Hoist, two drums; Hydraulic Backhoe, 3/4 yd. and over, Loader, over 6 cu. yds.; Machine Doctor; Mechanic; Mixer Mobile; Motor Grader/blade, finish; Multiple unit portable Crusher, with or without washer; Piledriver, Scrapers, single bowl under 40 cu. yds.; Self-propelled Hydraulic Crane; Tractor with sideboom; Truck mounted Hydraulic Crane; Roto-Mill and similar, welder. Group 5: Cable operated power Shovels, Draglines, Clamshells and Backhoes over 5 cu. yds.; Crane 51 to 90 tons carrier mounted; Electric rail type Tower Crane; Hoist, 3 drum or more; Quad Nine and similar push unit; Scrapers single ^ bowl including pups 40 cu. yds. and tandem bowls and over, Mecbanic-Welder (heavy-duty). Group 6: Cableway; Crane (91 to 140 tons); Climbing Tower Crane; Crawler or truck mounted Tower Crane; Derrick, Wheel Excavator, Tower Crane, rail type; Belt or elevating loader. Group 7: Cranes (140 tons and over). MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. DATE 12-28-01 C0010001 HEAVY AND HIGHWAY CONSTRUCTION STATEWIDE PAGE NO. 6 of 8 LABORERS CLASSIFICATIONS: Group 1: Janitors, Yardmen. Group 2: Minimum labor, Traffic Control Director (certified); including caissons to 8' carrying Reinforcing Rods; Dowel 10 Bars; Fence Erectors; Fire Watchers on power plants and oil refineries; Gabion Basket and Reno mattresses; Signaling, Metal Mesh; Nursery Man (including seeding; mulching and planting trees); pipe plants and yards; Shrubs and flowers; Stake Caser, Traffic Control Devices; Tie Bars and Chairs in Concrete; Paving; Waterproofing Concrete; Air, Gas, Hydraulic Tools and Electrical Tool Operators; Barco Hammers; Cutting Torches; drill; diamond and core drills; Core, diamond, air track including but not limited to; Joy, Mustang, PR-143, 220 Gardner - Denver, ydrosonic, and water blaster operator, Chuck Tender; Electric hammers; Jackhammers; Hydraulic Jacks; Tampers; Air Tampers; Boring Machines; Air Hydraulic Boring machines; Automatic Concrete Power Curbing Machines; Concrete Processing Material; form setters; Highways, Streets, and Airports runways; Operators of 10 concrete saws on pavement (other than gangsaws); Power operated Concrete Buggies; Hot Asphalt Labor; Asphalt Curb Machines; Paving Breakers; Transverse Concrete Conveyor Operator; Cofferdams; Boxtenders; Caisson 8' to 12; Caisson Over 12; Jackhammer Operators in Caissons over 12; Labor applicable to Pipe coating or Wrapping; Pipe Wrappers, Plant and Yard; Relining Pipe, Hydroliner (a plastic may be used to waterproof); Pipelayer on Underground Bores; Sewer, Water, Gas, Oil and Telephone Conduit; Enamalers on Pipe, inside and out, Mechanical Grouters; Monitors; Jeep Holiday Detector Men; Pump Operators; Rakers; Vibrators; Hydro- broom, Mixer Man; Gunnite Nozzelmen; Shotcrete Operator; and chain saws, gas and electric; Sand Blaster; Licensed Powdermen; Powdermen and Blaster, Siphons; Signalmen; Dumpman/spotter; Grade Checker. Group 3: Plug and galleys in dams; scalers and work on or off bridges 40' above the ground performed by laborers working from a Bos'n chair, swinging stage, life belt, or block and tackle as a safety requirement. 10 TUNNEL LABORERS CLASSIFICATIONS: Group 1: Outside Laborer above ground. Group 2: Minimum Tunnel Laborer, Dry Houseman. 10 10 Group 3: Cable or Hose Tenders, Chuck Tenders, Concrete Laborers, Dumpmen, Whitley Pump Operators. 10 Group 4: Tenders on Shotcrete, Gunniting and Sand Blasting; Tenders, Core and Diamond Drills; Pot Tenders. Group 5: Collapsible Form Movers and Setters, Miners, Machine Men and Bit Grinders, Nippers, Powdermen and Blasters, Reinforcing Steel Setters, Timbermen (steel or wood tunnel support, including the placement of sheeting when required) and all cutting and welding that is incidental to the Miner's work; Tunnel Liner Plate Setters; Vibrator 10 Men, internal and external; Unloading, stopping and starting of Moran Agitator Cars; Diamond and Core Drill Operators; Shotcrete Operator; Gunnite Nozzlemen, Sand Blaster, Pump Concrete Placement Men. LABORERS CLASSIFICATIONS:(Shafts, Raises, Missile Silos and All Underground Work Other Than Tunnels) Group I: Laborers, Topmen, Bottommen and Cagers. Group 2: Chucktenders, Concrete Laborers, Whitley Pump Operators. 10 Group 3: Tenders in Shotcrete Gunniting and Sand Blasting; Tenders on Core and Diamond Drills; Pot Tenders. 10 Group 4: Diamond and Core Drill Operators; Gunnite Nozzlemen; Shotcrete Operators; Sandblasters and Pump Concrete 10 Placement Men. 10 Group 5: Any employee performing work underground from a Bos'n Chair, Swinging Stage, Life Belt or Block and Tackle a safety requirement. as 10 Group 6: Collapsible Form Movers and Setters, Miners, Machine Men and Bit Grinders, Nippers, Powdermen and Blasters, Reinforcing Steel Setters, Timbermen (steel or wood tunnel support, including the placement of sheeting when 10 required) and all cutting and welding that is incidental to the Miner's work; Liner Plate Setters; Internal and External Vibrator men. MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. DATE 12-28-01 _ C0010001 HEAVY AND HIGHWAY CONSTRUCTION STATEWIDE PAGE NO. 7 of 8 PLUMBERS AREA DEFINITIONS ^ Area l: Alamosa, Baca, Bent, Chaffee, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, In Animas, Mineral, Otero, Prowers, Pueblo, Rio Grande, and Saguache. .-.. Zones (Basing Point: Main Post Office— 5" & Main Street, Pueblo, CO) " Free Zone: 040 miles Zone 1: 40 mites and over $19.85 per hour plus $32.00 per day per diem, when the employee drives their own vehicle, or stays overnight. ^ Hazardous pay applies to projects at Chemical plants, Steel mills, Cement plants, Power Generator plants, Process Piping at Manufacturing plants, Food Processing plants, and all projects which, may present a health hazard, or serious personal injury. Area 2 Cheyenne, El Paso, and Teller, Elbert (Southern portion including the towns of Elbert, Matheson, and Simla), Lincoln (including the towns of Genoa and Arriba in the southern portion of county), Kit Carson (including the towns of Flagler, Seibert, Vona, Stratton, and Bethune), Douglas (including the towns of Larkspur, and Palmer Lake), Park (including the towns of Fairplay, Hartsel, and Lake George), counties. TRUCK DRIVER CLASSIFICATIONS: Group 1: Pickup, Greasemen, Servicemen and Ambulance Drivers, Battery Men, Sweeper Truck, Flat Rack Single Axle and Manhaul, Shuttle Truck or Bus, Flat Rack Tandem Axle. Group 2: Dump Truck Driver to and including 6 cubic yards, Dump Truck Driver over 6 cubic yards, to and including 14 cubic yards, Fork Lift Driver, Straddle Truck Driver, Lumber Carrier, Liquid and Bulk Tankers Single Axle, Tandem Axle, Semi or Combination, Euclid Electric or Similar, Multipurpose Truck Specialty and Hoisting, Truck Drivers Fuel Track, Grease Track, Combination Fuel and Grease. " Group 3: Truck Driver Snow Plow, Truck Driver Dumptor Type Jumbo and similar type equipment, Dump Truck Driver of 14 cubic yards to and including 29 cubic yards, Floats. Group 4: Dump truck driver over 29 cubic yards, to and including 79 cubic yards, Cement Mixer Agitator Truck over 10 cubic yards to and including 15 cubic yards, Tire Man, Distributor Truck Driver, Cab Operated Distributor Truck Driver. Group 5: Dump truck driver over 79 cubic yards, Mechanic, Heavy Duty Diesel Mechanic, Body Man, Welders or—+ Combination Man. Group 6: Low Boy. MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. C0010001 HEAVY AND HIGHWAY CONSTRUCTION STATr IUMn DATE 12-28-01 WAGE DETERMINATION APPEALS PROCESS 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) Wiling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. And 3. should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of construction wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, 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 1.8 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, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3. If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 4. All Decisions of the Administrative review board are final. I July21, 1999 ON THE JOB TRAINING This training special provision supplements subparagraph 6 of paragraph B and supersedes subparagraph 7b of paragraph C of the Special Provision entitled "Affirmative Action Requirements, Equal Employment Opportunity' and is an implementation of 23 U.S.C. 140 (a). As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided as follows: (a) General Requirements 1. The Contractor shall provide on the job training aimed at developing full journey workers in the type of trade or classification involved. 2. Training and upgrading of minorities and women toward journey worker status is a primary objective of this training special provision. Accordingly, the Contractor shall make every reasonable effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the extent that such persons are available within a reasonable area of recruitment. The Contractor shall be responsible for demonstrating the steps that were taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this training special provision. This training commitment shall not be used to discriminate against any applicant for training whether a member of a protected class or not. 3. An employee shall not be employed as a trainee in any classification in which the employee has successfully completed a training course leading to journey worker status or in which the employee has been employed as a journey worker. The Contractor shall satisfy this requirement by including appropriate questions (i.e. Have you ever worked as a journeyman in the highway construction industry?) in the employee application or by other suitable means. Regardless of the method used, the Contractor's records shall document the findings in each case. 4. The minimum length and type of training for each classification shall be as established in the training Program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U. S Department of Labor, Bureau of Apprenticeship and Training (DOL). The Department and the FHWA will approve a program if it is reasonably calculated to meet the Equal Employment obligations of the Contractor and to qualify the average trainee for journey worker status in the classification concerned by the end of the training period. Apprenticeship and training programs will be accepted if registered with the U.S. Dept. of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. To obtain FHWA approval, the Contractor's training program must be reviewed by the CDOT Staff Construction and Materials Branch OJT Program Manager and approved by the Colorado Division of the Federal Highway Administration. The Contractor shall allow up to 30 days for FHWA review. The proposed training program shall be submitted by the Contractor to: OJT Program Manager Staff Construction and Materials Branch, Rm. 287 4201 East Arkansas Avenue Denver, CO 80222 Approved training programs shall provide the trainee with a minimum of 2000 hours of training. A minimum of 80 hours of classroom training will be required in all approved programs. Credit for prior classroom or other training may be allowed if such training is relevant to the trainees' current training program requirements. 5. Training is to be provided in the construction crafts rather than clerk -typists or secretarial -type positions. Training is permissible in lower level management positions such as office engineers, estimators, time -keepers, etc., where the training is oriented toward construction applications. Training in the laborer classification may be permitted when significant and meaningful training is provided and it is approved by the FHWA Division office. There will be no reimbursement for offsite training. July21, 1999 — 2 ON THE JOB TRAINING 6. The Contractor shall pay the training program wage rates and the correct fringe benefits to each registered trainee employed on the contract work and currently enrolled in an approved program. The minimum trainee wage shall be the full laborer wage (group 2, outside labor, above ground) on all Davis -Bacon projects. 7. All apprentices or trainees for which the Contractor expects to receive reimbursement must first be registered on the project by submitting a completed CDOT Form 838. This form must then be reviewed ^ and approved by the CDOT Region Equal Employment Opportunity (EEO) Representative before reimbursement will be made. Requests for registration shall be submitted in writing to the Engineer and will be granted when the following information is provided and approved: A. A completed CDOT Form No. 838 for each trainee or apprentice B. Evidence of the certification of the applicable trainee program. C. Evidence of the registration of the trainee into the approved trainee program D. A copy of the current applicable approved training program. 8. Within the first 100 hours of training time completed, the Contractor shall provide each trainee with a review of the training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, company policies and complaint procedure. The Contractor shall also furnish the trainee a copy of the training program. 9. On a monthly basis, the Contractor shall provide to the Engineer a completed On The Job Training Progress Report (CDOT Form No. 832) for each trainee on the project. The Contractor will be reimbursed for each approved apprentice or trainee required by the Department and documented on CDOT Form 832, but not more than the OJT Force Account budget unless approved by the Engineer. Upon completion of training, transfer to another project, termination of the trainee or notification of final acceptance of the project, the Contractor shall submit to the Engineer a completed CDOT Form No. 832. 10. All forms referred to are available in the Staff Construction Office of the Department of Transportation or through the CDOT Region Equal Employment Opportunity (EEO) Representative. 11. The Engineer will provide reimbursement to the Contractor. Payment is based on the number of hours of on-the-job training the Contractor provides to the trainee under this Contract and the applicable reimbursement rate. Submission of the CDOT Form No. 832 will document the training hours provided during the month, and will be considered a request for payment. Where applicable, the Contractor shall note and explain discrepancies between the hours documented on CDOT Form 832 and the corresponding certified payrolls. To receive payment the CDOT Form Numbers 838 and 832 must be - completed in full and the Contractor must be in compliance with all requirements of this specification. (b) Standard Training Program If the Contractor is not participating in the Departments On -the -Job Training Pilot Program, the training shall be provided according to the following. 1. The required number of trainees to be employed on the project shall be as shown in the Contract. The required number of trainees or apprentices employed under the Contract shall be registered with the ^ Department using CDOT Form No 838. 2. Subcontractor trainees who are approved by the Department maybe used by the Contractor to satisfy the requirements of this special provision. .J 3 July21, 1999 ON THE JOB TRAINING 3. At least ten working days prior to the first progress payment to be made after work has begun, the of Contractor shall submit to the Engineer documentation showing DOL or FHWA approvahe Contractor's training program, a plan that identifies each proposed trainee and the construction pl t training each of the proposed trainees, including the duration, for this specific project. hase for Progress payments may be withheld until this plan is submitted and approved and may be withheld if the approved plan is not followed. 4. A trainee shall begin work on the project as soon as possible utilizing the skill involved and remain on the project as long as meaningful training opportunities exist. It is not required that all trainees be employed on the project for the entire length of the Contract. 5. The Contractor will be reimbursed 80 cents per hour for each approved apprentice or trainee required by the Department. 6. In order to receive reimbursement, the Contractor shall provide the number of trainees and total training hours specified below for the training category assigned to the project. The training category will be determined by the contract dollar amount. The category guidelines areas follows: Category A Contract dollar value Up to 1 million Minimum total training hours to be provided on the ro'act 0 Minimum number of trainees required 0 Maximum number of trainees allowed NSA Maximum reimbursement allowed 0 B >1 - 2 million 160 1 3 $200 C >2 - 4 million 320 1 3 $300 D >4 - 6 million 640 1 3 $600 E >6 - 8 million 800 2 4 $700 F >8 - 12 million 960 4 5 $800 G >12- 16million 1120 5 6 $1,000 H >16- 20million 1280 6 6 $1,100 For each increment of I $5 million, over $20 million 640 1 1 $600 7. The Contractor shall have fulfilled its responsibilities under this training special provision if it has provided acceptable training to the number of trainees specified in the Contract in accordance with this special provision. (c) Colorado Program - formerly the OJT Pilot Program. If the Contractor has a current approved Colorado Program proposal, the training shall be provided according to the following: 1. The Contractor shall comply with the requirements of the Department's OJT Pilot Program procedures defined in the Pilot Program Manual. Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized — signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 7/96 Section 00100 Page 8 July21, 1999 ^ 4 ON THE JOB TRAINING 2. Each trainee enrolled in the Colorado Program will receive a minimum of 1200 hours per year of on-the-job training. Up to 200 hour of offsite classroom training can be included in the 1200 hours minimum. 3. At least ten working days prior to the first progress payment to be made after work has begun, the Contractor shall submit to the Engineer documentation showing DOL or FHWA approval of the Contractor's training program and proof of good standing in the Colorado Program. 4. The Contractor will be reimbursed $4.80 per hour for each approved trainee who is working on the Contract, but not more than the OJT Colorado Program Force Account budget unless approved by the , Engineer. The Department will not reimburse for classroom training under the Colorado Program-. 5. The Contractor will be considered in compliance with the requirements of the Colorado Program when the Contractor demonstrates to the Department that it has met the requirements of the Colorado Program special provision and the approved Colorado Program Training Plan. 6. The Contractor shall comply with the affirmative action requirements in the approved training program and in the Colorado Program proposal. 7. Contractors having an approved Training Plan for the calendar year in which they are engaging in construction may use this option. Contractors who do not have a current Colorado Program Training Plan must comply with the requirements of Part (b) of this special provision. 8. The minimum required number of trainees to be employed by the Contractor shall be as shown in the Contractor's CDOT approved Colorado Program training plan. 9. The Contractor shall have fulfilled its responsibilities under this training special provision if it has maintained good standing in the Colorado Program during the life of the Contract. May 31, 2001 SPECIAL NOTICE TO CONTRACTORS 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 Units of the Project Development Branch. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications 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 projects. May 31, 2001 SPECIAL NOTICE TO CONTRACTORS 1. Scope in writing, If the pay items or quantities are revised during the project. 1.1 It is the intent of this chapter to provide 4. COMPLY WITH BUY AMERICAN guidelines to the Contractor or Sub- Contractor, REQUIREMENTS. so that they can properly present their materials for inclusion at the construction project. 4.1 In accordance with subsection 106.08 of the Standard Specifications: 1.2 The Contractor shall follow the procedures listed below to ensure the proper inspection, sampling, testing and certification of materials and products incorporated into all construction projects. 1.3 The words OPrequalification of BiddersO(102.01 Standard Specifications) has occasionally been confused with 0 Prequalification of Manufacturers/ Supplier0 or with OPre-Approval of Products or MaterialsO, these terms are not interchangeable. 1.4 Two information sources that can provide assistance and clarification are: Project Bidding -Contractor Listings (http://www.dot.state.co.us/BuisnessCenter/ Bidding/listings.html) and Develop Projects -Design Support (http://www.dot.state.co.us/DevelopProjects/ DesignSupport) 2. PROVIDE NOTIFICATION OF MATERIALS SOURCES AND SUPPLIERS. 2.1 In accordance with subsection 106.01 of the Standard Specifications: The Contractor shall submit a list of material sources and suppliers to the Engineer. The list shall include company name and address, item to be supplied, and contact person where material can be inspected. 3. DESIGN/BUILD PROJECTS-CDOT FORM # 250-MATERIALS DOCUMENTATION RECORD. 3.1 Two weeks before construction commences, the Contractor shall furnish the Engineer a list of pay items that will be utilized to construct the project in accordance with the pay items in the Standard Specifications and an approximate quantity for each pay item. The Contractor shall immediately notify the Engineer, Certified Test Report. A test report from the manufacturer or an independent testing laboratory, including a signature by a person A. All manufacturing processes, including the application of a coating, for all steel products and all iron products permanently incorporated in the work shall have occurred in the United States of America. B. The Contractor shall furnish a certification with every steel product and every iron product. C. Upon completion of the project, the Contractor shall certify in writing of compliance with this requirement. 5. CDOT SAMPLING AND TESTING REQUIREMENTS: A. Pre -Inspected The following items are pre -inspected by the Colorado Department of Transportation. Inspection arrangements should be made by calling the Bridge Design Inspection Unit at (303) 757-9192 a minimum of 10 days prior to the beginning of fabrication or the Bituminous Unit at (303) 757-9297 a minimum of 10 days prior to use. Failure to give notification may result in delays to the project and/or rejection of materials or products. Bearing Devices, Bridge - Type III Expansion Device Bridge (0-6",through, 0- 24") Joint and Crack Sealant, Hot Poured Prestressed Concrete Unit Structural Steel - Bridges Waterproofing Membrane, Hot Applied B. Certified Test Reports (CTR) having legal authority to act for the manufacturer or the independent testing laboratory stating that the test results show SPECIAL NOTICE TO CONTRACTORS that the product or assembly to be incorporated into the project has been sampled and tested and the samples have passed all specified tests In accordance with subsection 106.10 of the Standard Specifications, the following items will be accepted on the basis of certified test reports. One copy of the certified test reports shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Anchor Bolts (all items which include anchor bolts)" Bridge Deck Forms, Permanent Steel " Bridge Rail, Steel A Cribbing Fasteners (Bolts) (Field)" Fence, Sound Barrier Glass Beads Pipe Railing" Overhead Sign Structures " Structural Plate Structures " Structural Steel Galvanized" Top Soil Traffic Signal Structures " Water(ing) (All items which include water) Waterstop C. Certification of Compliance (COC) Certificate of Compliance. A certification, including a signature by a person having legal authority to act for the manufacturer, stating that the product or assembly to be incorporated into the project was fabricated in accordance with, and meets the applicable specincations. In accordance with subsection106.09 of the Standard Specifications, the following items will be accepted on the basis of a certificate of compliance. One copy of the certificate of compliance shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Bearing Device, Type I, II, IV and V " c May 31, 2001 Bridge Paint, Structural Steel (Inorganic Zinc Rich, Polyurethane System) Concrete Box Culverts, Precast Dampproofing, Asphalt Dust Palliative - Asphaltic - Magnesium Chloride Emulsified Asphalt for Tack Coat Erosion Bales E Expansion Joint Material, Preformed Filler Flumes (all types) Gabions and Slope Mattress Gaskets Guard Rail - End Anchors Guard Rail Metal " Guard Rail Posts - Metal " Guard Rail - Precast Guard Rail Blocks - Synthetic Guard Rail Posts - Timber Blocks and Posts A Hay E Headgates Inlets, Grates and Frames (Prefab) Interior Insulation Lighting Light Standards, High Mast Light Standards, Metal Luminaires (Inclusive) Manholes, Rings and Covers (Prefab) MC-70 - Prime Coat (Liquid Asphalt) MSE Wall - Elements Mulch Tackifiers Paint (Structure) Pedestrian Bridge " Piling " Rest Area Materials Seed Sign Panels Sprinkler System(s) Steel Sign Posts Steel Sheet Piling A Straw E Structural Glazed Tile and Ceramic Tile Treated Timber Water Control Devices Water Proofing Materials Waterproofing Membrane, Prefabricated Wood Cellulose Mulch D. Pre -Approved 3 SPECIAL NOTICE TO CONTRACTORS Pre -approved. In accordance with CDOT's Procedural Directive 3.1, a manufacturer's product Is evaluated within CDOT to determine its acceptability on CDOT construction projects, as defined by CDOT specifications, plans and standards. Currently the Approved Product List (APL) can only be accessed from the Internal Website. By clicking on the APL and selecting one of the general categories a review of manufacturers and their products can be obtained. If you are requesting additional information when contacting the Central Laboratory at 303-757-9421, you must include the Reference Number. Note 1: Colorado DOT will utilize AASHTOOs NTPEP (National Transportation Product Evaluation Program) test reports to significantly ascertain whether the product evaluation submittal meet AASHTO Specifications and therefore, in most cases, meet CDOT Specifications DISCLAIMER: The Colorado Department of Transportation (CDOT) does not have the obligation to use any of the products listed in the Approval Product List (APL). The APL simply documents the facts that the listed products have been tested, evaluated, or examined under CDOT standards, and were found acceptable to be used in CDOT projects. CDOT reserves the rights to update the APL periodically without prior notice. CDOT is not liable for any incidental or consequential damages caused by using the data listed on the APL, or the revision of the APL. The product shall be removed from the APL If inadequate field performance exists or if the product varies from the data as originally submitted. The following sub -categories are Pre - Approved; therefore, Pre -Inspection, Certified Test Reports, and Certification of Compliance are not required. Admixtures for Concrete Asphalt Release Agents Breakaway Sign Structures Cement Cementitious Grouts May 31, 2001 r Class 5 Finish (Masonry Coating- _ cementitious) Concrete Curing Compounds - Liquid Concrete Repair Materials Delineator - Flexible Delineators - Reflectors only Drain Pipe Epoxy Coating for Reinforcing Steel (Epoxy Powder)" Epoxy Grout Epoxy Pavement Marking Fly Ash Geotextiles Glare Screen Hydrated Lime Joint Sealers, Preformed Joint Sealers, Silicone Masonry Mortar Meter Vaults (Prefab) Pavement Markers, Raised Pavement Markers, Recessed Pavement Marking Paint Pipe -Corrugated Aluminum Pipe Pipe - Reinforced Concrete Pipe - Corrosive Resistant Culvert Pipe - Corrugated Metal .. Pipe - Non -reinforced Concrete Pipe - Plastic, Culverts Pipe - Welded Steel Plastic Underdrain Pipe and Perforated -. Drain Preformed Plastic Pavement Marking Materials Reflectors, Median Barrier Reinforced Pile Tips RetroReflective Sign Sheeting Silt Fence -- Silane and Siloxane Sealers, Concrete Deck " Structural Concrete Coatings (Acrylic) Thermoplastic Pavement Marking ^ (Preformed and Hot Applied) Underdrains Note 2: The CDOT Product Evaluation Coordinator (303-757-9421) shall be contacted if uncertainty exists as to the proper categorization of a product. Note 3: All products approved prior to July1, 2000 will require re- evaluatio ti 4 SPECIAL NOTICE TO CONTRACTORS E. Other materials or products Notes: All other materials or products not mentioned above must be fabricated in accordance with and meet the requirements of the applicable Colorado Department of Transportation specifications, plans, and standards. 6. REJECTION/PAYMENT. All items shall contain identification or physical markings to permit direct correlation between the material or product and preinspection/pretesting/preapproval reports, certified test reports, or certificates of compliance. Items that are delivered without proper preinspection/pretesting/preapproval, certified test reports or certificates of compliance or do not contain identification or physical markings will be rejected and will not be paid for. May 31, 2001 A Mill Test Report shall be included. ° A Certified Test Report(s) on components must accompany the material or product. c Certified analysis data shall be included. E The Contractor may obtain a current list of Weed Free Forage Crop Producers by contacting the Colorado Dept. of Agriculture at (303) 239 4149. July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 Staff Design Branch with formal instructions for its use on MOT construction projects. It is to be used as written _ without change. Do not use modified versions of this special provision on MOT construction projects, and do not use this special provision on MOT projects in a manner other than that specified in the instructions issued by Staff Design unless such use is first approved by the Specification Unit of Staff Design. The instructions for use on MOT construction projects appear below. Other agencies which use the Standard Specifications 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 federal aid projects. ^' I July21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts. RQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 Elec =ic v M1W — LUMh 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 6. Selection of Labor: Page tract, the contractor shall not: I. General.........................................................1 II. Nondiscrimination............................................I III. Nonsegrated Facilities......................................3 IV. Payment of Predetermined Minimum Wage .......... 3 V. Statements and Payrolls...................................6 VI. Record of Materials, Supplies, and Labor.............6 VII. GeneralSubletting or Assigning the Contract ......... 7 VIII. Safety: Accident Prevention...............................7 IX. False Statements Concerning Highway Projects. ..7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act................................8 XI. Certification Regarding Debarment, Suspension...... Ineligibility, and Voluntary Exclusion..................8 XII. Certification Regarding Use of Contract Funds for... Lobbying......................................................9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate supedn- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their Inclusion In any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontrao- for or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved In accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. July 21, 1999 During the performance of this con - a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 Q sea.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor Will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obliga- tions and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "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, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other fortes of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's 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 contractor's EEO policy and contractual responsibilities to provide EEO 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: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not 3 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS less often than once every six months, at which time the contract- or's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's Procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO Policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employ- ees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contrac- tor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contrac- tor will 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. b. In the event the contractor has a valid bargaining agree- ment providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL 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 imple- mentation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. 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, national origin, age or disability. 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. b. 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 July 21, 1999 discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection With his obligations under this contract, wfll attempt to resolve such complaints, and will take appropriate corrective action within a reasonable fime. If the investigation indicates that the discrimina- tion may affect persons other than the complainant, such correc- five action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. 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 contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., appren- ticeship, 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. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments 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. 7. 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 within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. 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 member- ship 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 EEO 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, national origin, age or disability. c. The contractor is to obtain tnformation 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 SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the 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, SECTION 00300 BID FORM 4 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement provid- ing for exclusive referral failed 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 SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall 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 autho- rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportuni- ties for minorities and women; (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 DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA 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 FHWA-1391. If on -the - job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agree• July21, 1999 _ ment or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the fine does not maintain or provide for Its employees any segregated facilities at any of its establishments, and that the firm does not permit Its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing. facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)j the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davls-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and Mnge benefits on the wage determination for the classification of work actually performed, 5 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorpo- rated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following cmeda have been met: (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide hinge benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification Prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addition- al classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Stan- dards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommenda- tion of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized represen- tative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropri- ate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: July21, 1999 a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secre- tary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to Journeyman - level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any appren- tice performing work on the job site in excess of the ratio permitted under the registered program shall be paid nbt less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the joumeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. apprentice(3) Every rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of hinge benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, hinges shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the 6 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an accept- able program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employ- ment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not regis- tered and participating in a training plan approved by the Employ- ment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classifica- tion of work actually performed. In addition, any trainee perform- ing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the joumeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated vrith the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved defini- tion, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per- formed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the require- ments of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentic- es and trainees to journeymen shall not be greater than permitted by the terms of the particular program. July 21, 1999 _ The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, inducting apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, em- ployed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work; to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): 6. Withholding: 7 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A. paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, Paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commit- ment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost Incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Forth WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submis- sion of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the follow- ng: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; July 21, 1999 (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equiva- lent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a property executed certifica- tion set forth on the reverse side of Optional Forth WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. I. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such repre- sentatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR I. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of Protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Forth FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty Items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty Items performed may be deducted from the total original contract price before computing 8 REQUIRED CONTRACT PROVISIONS IcEDERAL-AID CONSTRUCTION CONTRACTS the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the c ,ntract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the wort.) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vlll. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract. which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3. it is a condition of this contract that the Secretary of Labor or authorized, representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construe - bon safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). July21, 1999 In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shaft be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any Stale or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false represen- tation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, In connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact In any statement, certificate, or report submitted pursuant to provisions of the Federalaid Roads Act approved July 21, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both.' X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 gs IN., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 at go., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. IX. FALSE STATEMENTF CONCERNING HIGHWAY PROJECTS 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the fine shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that Is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such require- ments. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disquali- fy such a person from participation in this transaction. c. The certification in this clause is a material representation Of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immedi- ate written notice to the department or agency to whom this Proposal is submitted if any time the prospective primary partici- pant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred " "suspend- ed," "ineligible," "lower her covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules Implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. I. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. July21, 1999 tary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower her covered transactions and in all solicitations for lower her covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocure- ment List) which is compiled by the General Services Administra- ton. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective Participant shall attach an explanation to this proposal. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause tltled 'Certifi- ... • . cation Regarding Debarment, Suspension, Ineligibility and Volun- 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. to. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it Is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circum- stances. d. The terms "covered transaction," "debarred," "suspend- ed," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submit- ting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter Into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. I. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause filled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower her covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and. frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. In. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The know) edge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters Into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation In this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. July 21, 1999 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions: 1. The prospective lower tier participant cerfifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospec- five participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submit- ting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempt- ing to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,' in accordance with Its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000and that all such recipients shall certify and disclose accordingly. 11 July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS CDOT Attachment #2 DISADVANTAGED BUSINESS ENTERPRISE July 11, 2001 DEFINITIONS AND REQUIREMENTS NOTICE This is a standard special provision that revises or modifies CDOTOs Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOTOs 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 issued by Staff Design unless such use is first approved by the Specification Unit of Staff Design. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications 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 projects. July 11, 2001 -1- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (a) Definitions and Procedures For this project, 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 Regulatory Agencies Office of Certification 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. City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 1 BID #5688 TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5688 Traffic Operations Communications Phase 1 OPENING DATE: March 20, 2002, 3:00p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. In Section 0052, Agreement, Article 3, Contract Time, replace paragraph 3.1 with the following: 3.1 The Work along Harmony Road from Zeigler Street to Mason Street shall be Substantially Complete by May 3, 2002. All remaining work shall be Substantially Complete by May 31, 2002 as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions by June 28, 2002. II. In our Supplementary Specifications, the Revision to Section 614 — Splicing shall be replaced by the attached. III. CDOT Region IV Traffic Unit regarding the question of facilitating the CDOT permitting process. The successful contractor will not be required to pull any permits from CDOT. Since there is an approved plan set, the plans are the permit. The contractor/city have been asked to call CDOT Region IV during the utility locate process since they are not a Tier I or II Utility. The numbers are as follows: Signal/lighting crews: 970.350.2137 Utility Manager: 970.350.2164 If you have any questions please contact John Stephen, CPPB, Senior Buyer, at 970-221-6775 Page -1- z1a ,Nunn mason atreet • Ana door • P.U. 13ox 580 • Fort Collins, CO 80522-0580 0 (970) 221-6775 • FAX (970) 221-6707 SECTION 00300 •;ui PROJECT: TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1; BID NO. 5688 Place City of Ft. Collins Date 3,20/02 1. In compliance with your Invitation to Bid dated 3/20/02 and subject to all conditions thereof, the undersigned Metrowest Communications LLC 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 Twenty -One Thousand, Two Hundred Eighty -Six ($ $21,286.00 ) in accordance with the Iand nvitation To Bid 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: Van Guilder Insurance Corporation. 700 Broadway 10th Floor. Denver, CO 80203 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 1 7/96 Section 00300 Page 1 July 11, 2001 -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. 5. 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. The apparent low bidder shall report all efforts made including but not limited to the efforts required on CDOT Form No. 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 DBE Program manager in the Business Programs Office is responsible for determining whether a bidder who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsible. The manager will ensure that all information is complete and accurate and adequately documents the bidder's good faith efforts before CDOT commits to the performance of the contract by the bidder. The DBE Program manager 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 DBE Program manager'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 5 working days of being informed by CDOT 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 in writing to: Good Faith Efforts Committee C/O Manager, Center for EO 4201 E. Arkansas Avenue, Denver, CO 80222 Phone:303-757-9234 Fax: 303-757-9019 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 July 11, 2001 -3- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS bid opening to do so. CDOT 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. 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 Engineer's decision. If award of the Contract is made based on the Contractor's 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 Department the steps taken including, but not limited to the following: — A. Seek out and consider UDBEs as potential subcontractors. (1) Contact two or more 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 Department of Regulatory Agencies (DORA) for status as a DBE. Application shall be made on forms provided by the DORA 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 DORA has sufficient time to render decisions. The DORA 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 a monthly list 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 Business Programs Office in the Center for Equal Opportunity will maintain a current list of eligible DBEs and UDBEs. 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 speck project may be obtained from the Department based on information provided by the proposed joint venture on CDOT Form No. 893, July 11, 2001 -4- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS "Information For Determining Joint Venture Eligibility". Joint applications should be submitted well in advance of bid openings. (c) Bidding Requirements 1. All bidders shall submit with their proposals a fully executed CDOT Form No. 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 CDOT Form No. 715 for each UDBE used to meet the contract goal (sample attached) no later than 4:00 p.m. on the day after the date of bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form No. 715 may be submitted by FAX, at Fax number (303)757- 9019, with an original copy to follow. In addition, the apparent low bidder shall submit written confirmation from every UDBE used to meet the contract goal that it is participating in the contract as provided in the prime contractor's commitment. If the contract goal is not met, the apparent low bidder shall submit a CDOT form No. 718 and 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 CDOT Form No. 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)4 of this special provision. 3. The use of the UDBE firms named on COOT Form No. 714 or on a CDOT Form No. 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 (e) of this special provision. Failure to comply will constitute grounds for default and termination of the Contract. 4. Contractor's 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 the maximum 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 maximum 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 CDOT Form No. 713. A CDOT Form No. 713 for subcontracts is to be submitted with the CDOT Form No. 205 and receipt will be a condition of approval. A CDOT Form No. 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 proposed DBE subcontractor will be finally established based on the firm's status at the time of CDOT Form No. 205 approval. The eligibility of a DBE supplier or service firm will be finally established as of the date the CDOT Form No. 713 is received by the Department. 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% of the work performed by the firm under that contract may be claimed as eligible work. No work performed by a DBE firm can be counted toward DBE participation prior to CDOT approval on CDOT Form No. 205. July 11, 2001 _ -5- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS ^ 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. 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 contractor subcontracts over 51 % of the work of the Contract 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. 5. 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. B. The Contractor may count 60 percent of its expenditures to UDBE suppliers that are not manufacturers, provided that the DBE supplier performs a commercially useful function in the supply process. A DBE supplier 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 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: (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. (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. 6. 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 6- July 11, 2001 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 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 CDOT Form No. 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. Whenthereis no participation by DBEs, the Contractor shall submit a CDOT Form NO. 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 contractor's 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 CDOT Form No. 714 or on a CDOT Form No. 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 Department will approve the replacement at no additional cost to the Department. Replacements will be allowed only with prior written approval of the Department. 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 Department 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 Contractor's assistance to the UDBE named on COOT Form No. 714 or on CDOT Form No. 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 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 Department 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. 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. July 11, 2001 _ -7- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 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 CDOT 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 fails to perform has a recent history of performance failure(s) 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 the maximum 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)4 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 failed 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 108.08 of the specifications. Attachments: CDOT Form No. 715 CDOT Form No. 718 COLORADO DEPARTMENT OFTRANSPORTATION CERTIFICATE OF PROPOSED UNDERUTILIZED DBE PARTICIPATION Contractor:1. 2. 3. 4. An officer of the contractor(s) must complete this form. 5. Include only DBE firms which meet the underutilized criteria in the contract goal specification for this project. Submit a separate CDOT Form #715 for each proposed DBE. Retain a photocopy for your records. 'BE Subcontractor information lems A) What is the total dollar value of this proposed I(NOTE: dollar values are to be actual subcont B) What is the total dollar value of proposed, Ub - Prior sheets? IC) What is the accumulative value D) What is the orginal E) What is the ac Send original to: Colorado Department of Transportation Business Programs Office 4201 E. Arkansas Ave. Denver, Colorado 80222 FAX: (303) 757-9019 a'toward contract goals? contract prices) toward contract goals from B> that are applicable towards contract goals? C> bid total subcontracted to all underutilized DBEs? A + B = C (C+D)x 100 =E D> E> • my company has met the contracted DBE goals or has attached a completed CDOT Form #718, DBE Good Faith Effort Documentation. • my company has accepted a proposal from the DBE subcontractor named above. • my company has notified the proposed DBE subcontractor of the contracted DBE commitment. • my company's use of the proposed DBE subcontractor for the items of work listed above is a condition of the contract award. • my company will invite the proposed DBE subcontractor to attend the preconstruction conference. • my company will not use a substitute DBE subcontractor for the proposed DBE subcontractor's failure to perform under a fully executed subcon- tract, unless my company complies with the definitions and requirements section of the DBE Special Provisions. • 1 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. I crime contractor name Date lginal- Business Programs copy- Project Engineer py - Region EEO representative copy - Contractor COLORADO DEPARTMENTOFTRANSPORTATION FDate UNDERUTILIZED DBE GOOD FAITH EFFORT DOCUMENTATION i no contractor who is the apparent low bidder on a CDOT construction project and has failed to meet the Underutilized DBE (UDBE contract goals shall use this form to document good faith efforts made to date by said Contractor to attempt to meet these goals. FAILURE TO FULLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID. Each portion of this form is to be addressed in the space provided, or on supplemental sheets. Attach supporting documentation as required. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303-757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Solely at its discretion, COOT may request additional information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts. ,. "ar auu,uenl ow items (inciuoing portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the Iestablished UDBE participation goal. Indicate the total percentage of work identified for UDBE participation. The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage goal established by COOT. , If. For each subcontract item identified, conW by mail+, `° )or telephone a minimum of two currently CDOT-certified UDBEs whose work and function codes match the type of work i ejng sdif6fted. For projects in areas of the state where there are more than two UDBEs capable of performing identified subcontract itefta, contact at least two thirds of those UDBEs. If soliciting by telephone, provide a telephone log of calls, including-t0k of discussion, date, time, name of person contacted, and the response received. If soliciting by mail, provide copies of lettpirt; to jjb' EsangJheirresponses. Letters and FAXes must specifically identify the project, the items to be subcontracted, and th#'$ , `d& f ors and FAXes must provide an address and phone number where specific quantities or details will be available to bidde� `The Ctmitackbr'shall provide sufficient time to allow the UDBEs to participate effectively in the bidding process. Submit a deteit+s pl&hation addressing failure to provide any of the above. III. List all UDBE and non-UDBE bidders, bid dollar amounts for each bid item, and the name of the successful bidder. Describe how bid Items were broken down to increase opportunities for specific UDBE bidders. If the UDBE bids were rejected, give reasons for each case. Cost alone may not be adequate justification for failure to use a UDBE bid. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. Whether a bid is "competitive" or "significantly lower" will be determined by CDOT. Provide a detailed explanation for failure to provide any of the above. .1n V. The efforts.?equired herein are not exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In fetermining whether Gop6 Faith Efforts have been made, the quantity and intensity of the efforts made as well as kinds of efforts made may be considei 0CL e List1ny additional efforts to increase UDBE contract participation, such as requesting subcontractors a oroviding UDBE participation. Note the results of such efforts. assist with nM L VN I HAI; i UH UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BYCDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. ompanY ... July 21, 1999 MATERIALS AND LABOR USED, Form FHWA-47 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 Staff Design 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 issued by Staff Design unless such use is first approved by the Specification Unit of Staff Design. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications 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 federal aid projects on the National highway System that will or might have a total final construction cost of $1 million or more. Metrowest Communications, LLC CONTRACTOR BY: P-\'1TN' Jc:.�n� 14 N't L.O ADDRESS: 1301 Courtesy Road Louisville, CO 80027 8. BID SCHEDULE (Base Bid) Please use attached Bid Schedule when submitting your bid. 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESP CT/JFULLY SUB ED: 01--Pid(Dent 3/20/02 Signature Date Vice Pr Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone 7/96 Section 00300 Page 2 MATERIALS AND LABOR USED, Form FHWA-47 July 21, 1999 This project is on the National Highway System. Form FHWA-47 shall be submitted to the Engineer for each Federal -Aid Project on the National Highway System involving construction performed under contract awarded by competitive bidding, except for the following cases: (1) Projects for which the total final construction costs for roadway are less than $1,000,000. (2) Projects consisting primarily of the installation of protective devices at railroad grade crossings. (3) Projects consisting primarily of highway beautification. The report will include data for all subcontractors, which may be combined by the prime Contractor into one report. Forms are available from the Resident Engineer. Preparation instructions on the back of the form should be followed. AFFIRMATIVE ACTION REQUIREMENTS July 21, 1999 EQUAL EMPLOYMENT OPPORTUNITY 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 Staff Design 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 issued by Staff Design unless such use is first approved by the Specification Unit of Staff Design. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications 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 projects. July21, 1999 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) 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: 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 .................................................... ° 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, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, 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 UntilFurther Notice......................................................................................................................6.9% -- Statewide 2 July21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's 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 Contractor's 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 projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations it 41 CFR Par goal. Compliance with the opals will be measured against the total work hours performed. 3. 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. July 21, 1999 — 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 Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) 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 M 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 r participation and which is set forth in the solicitations from which this contract resulted. 3. 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 T� 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 Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the speck 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. July21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. 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 Contractor's 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 project. 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 Contractor's 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 Contractor's 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 Contractor's 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 Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. July21, 1999 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractor's 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 written 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 Contractor's EEO policy externally by including it in any advertising in the news u 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 1 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 Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. 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 Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's 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 L contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. 6 July 21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. 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 Contractor's 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 Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. 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 fails 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., apprentice, trainee, helper, or laborer), dates of changes in status, hours worked hall be maintained in an per week in the indicated mechanic, trade, rate of pay, and locations at which the work was performed. Records s 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). July 21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1. General. - a. 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. c. 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 Contractor's 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 Contractor's 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 Contractor's 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. 8 July21, 1999 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 Contractor's 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 Contractor's procedures for locating and hiring minority group employees. b. 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 Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. Policy will be brought to the attention of employees by means of (2) The Contractor's equal employment opportunity policy and the procedures to implement such handbooks, or other appropriate means. meetings, employee 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. b. 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 Contractor's 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.) c. 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. '6. 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. BID FORM ITEM NUM. DESCRIPTION I UNIT IQUANTITY UNIT PRICE ITEM CONST 1 Potholing Hour 300 $45.00 13 500.00 2 Proof Existing Conduit Lump Sum 1 $4 000.00 $4 000.00 3 2" Electrical CogOnly) Lump Sum 17750 $8. 50 1 50 875. 00 4 Pull Box (18"x30Each 61 0 4 400 5 Pull Box (30"x48Each 31 6 Fiber Optic Cabl2 S.M.) Lin. Foot 22400 0 707 Fiber Optic Cabl8 S.M.) Lin. Foot 49600 4,720-00 8 Fiber OpticSplicEach 40 550.00 22 000,00 9 Mobilization Lump Sum 1 $1000.00 $1 000.00 16 Construction Traffic Control Lump Sum 1 $1 8, 7 0 0 .0 0 $1 8, 7 0 0. 0 0 il Minor Contract Revisions Conduit Repair Force Act. Force Act. 1 1 $50,000.00 $50,000.00 $50,000.00 $50,000.00 TOTAL BASE BID 41 6 265.00 Four -Hundred Sixteen Thousand, Two -Hundred Sixty -Five Dollars DOLLARS Section 300 Page 3 July21, 1999 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. 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 Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and Y 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 T apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training y 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 contractor's association acting as agent will include the procedures set forth below: ^ a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training L„ 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. 10 July21, 1999 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d. 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 failed 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. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1) The number of minority and nonminority 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. Federal Aid Project ATMS Communication System — Phase 1 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS FORT COLLINS COMMUNICATION SYSTEM PROJECT — PHASE 1 FORT COLLINS, COLORADO The 1999 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Sections 200 through 700 control construction and materials for this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English units and SI units, the English units apply and are the specification requirement. REQUIRED PROVISIONS ON FEDERAL -AID CONTRACTS - Form FHWA 1273 PROJECT SPECIAL PROVISIONS Paae Index Page ' Revision of Section 613 — Proof Existing Conduit 2 Revision of Section 613 - Pull Box 3 Revision of Section 613 - Electrical Conduit (General) 4 Revision of Section 614 - Fiber Optic Cable (Install Only) 5-7 Revision of Section 614 — Fiber Optic Splicing 8 Force Account Items 9 Traffic Control Plan -General 10-11 STANDARD SPECIAL PROVISIONS Date No. of Pages Revision of Section 630 — Construction Zone Traffic Control (Nov. 30, 2000) 4 Revision of Section 630 — NCHRP 350 Requirements (Sept. 26, 2000) 1 Affirmative Action Requirements — Equal Employment Opportunity (July 21, 1999) 10 Disadvantaged Business Enterprise — Definitions and Requirements (July 11, 2001) 10 Materials and Labor Used, Form FHWA-47 (July 21, 1999) 1 Minimum Wages Colorado, U.S. Department of Labor Decision No. - 00010001, Mod 11, Heavy and Highway Construction, Statewide (Dec. 28, 2001) 8 On the Job Training (July 21, 1999) 4 Required Contract Provisions — Federal -Aid Construction Contracts (July 21, 1999) 11 ^ Special Notice to Contractors (May 31, 2001) 4 Federal Aid Project ATMS Communication System —Phase 1 REVISION OF SECTION 613 PROOF EXISTING CONDUIT Section 613 of the Standard Specifications is hereby revised for this project as follows: Subsection 613.07 shall include the following: The existing 1-1/2 conduit shall be cleaned out and blown free with compressed air prior to using. Any damaged or broken sections shall be reported to the engineer. Subsection 613.10 shall include the following: Proof existing conduit shall include all cost associated with identifying broken or damaged portions, cleaning of the conduit prior to installation of cable, and installation of pulling tape or rope. Repair of damaged or broken conduit will be measured and paid for separately. Subsection 613.11 shall include the following: Pay Item Pay Unit Proof Existing Conduit Lump Sum Federal Aid Project ATMS Communication System — Phase 1 REVISION OF SECTION 613 PULL BOX Section 613 of the Standard Specifications is hereby revised for this project as follows: `J Subsection 613.01 shall include the following: At locations shown in the plans, Contractor shall install one new pull box of the size and type indicated below. Subsection 613.02 shall include the following: Pull boxes shall be made of fiberglass reinforced polymer concrete and shall be designed to support a minimum service load of 15,000 pounds over a 10" x 10" square. The minimum inside dimensions shall be 18 long by 30" wide by 12" deep. The pull box shall have a detachable cover that has a skid -resistant surface. Boxes installed for fiber optic cable shall have the words "TRAFFIC COMM" physically impressed (not painted) on its top. Boxes installed for signal cable shall have the words "TRAFFIC SIGNAL" physically embossed (not painted) on its top. The cover shall be attached to the pull box body by screw -in bolts and shall have two lift slots to aid in the removal of the lid. At some intersections, existing pull boxes and conduits may need to be modified to accommodate minimum bend requirements of interconnect cable and/or splice closures. At the direction of the Engineer, Contractor shall remove existing pull boxes and replace with a pull box large enough to meet the interconnect manufacturer's recommended minimum bend radius or the splice closure requirements. Subsection 613.10 shall include the following: Pull Box shall include removal of existing pull box if required, installation of new pull box, modification of conduit ends, restoration of disturbed surface materials, and all other work necessary to meet the requirements of the interconnect cable. This work will be measured and paid on the basis of the number of Pull Boxes installed as called for in the plans. ^ Subsection 613.11 shall include the following: Pay Item Pull Box (size) Pay Unit Each Federal Aid Project ATMS Communication System — Phase 1 REVISION OF SECTION 613 ELECTRICAL CONDUIT - GENERAL Section 613 of the Standard Specifications is hereby revised for this project as follows: Add the following to subsection 613.07: Conduit shall be installed by directional boring methods unless prior written directed is given by the enigineer. All conduit bends, including factory -installed bends, shall not have a bend radius less than six times the inside diameter of the conduit. The excavations required for the installation of conduit or cable shall be performed in such a manner as to avoid unnecessary damage to streets, sidewalks, landscaping, sprinkler systems and other improvements. Trenches shall not be excavated wider than necessary for the installation of the electrical appurtenances. Excavation shall not be performed until immediately before installation of conduits. The material from the excavation shall be placed in a position not to cause damage or obstruction to vehicular or pedestrian traffic or interfere with surface drainage. Trenches shall be made with a rock -wheel or other machine capable of cutting a narrow trench (4") so as to allow traffic to pass over prior to back -filling. The machine shall be equipped with shields to direct the spoil downward and away from passing vehicles, workmen and pedestrians. Off-street trenches shall be back -filled with the same material that was removed and shall be compacted and shaped to match the surrounding surface. On -street trenches within ALL roadway areas shall be back -filled with CDOT approved Structure Backfill (Flow -Fill) and capped with either 6" of Hot Bituminous Pavement (Patching) in accordance with Section 403, or with concrete, appropriate to the original thickness, in accordance with Section 412, and City of Fort Collins Cut Regulations, as applicable to the work. All surface materials including sprinkler systems, landscaping, shrubs, sod grass, and native growth vegetation which is disturbed by trenching and back -filling operation shall be restored in kind equal to or exceeding the original conditions. All conduit runs including fiber optic cable only shall have a #14 AWG solid copper conductor placed inside for locating purposes. In addition, a foil locating tape, indicating the presence of fiber optic cable shall be placed 12" above the buried conduit. Locating conductor and tape will not be measured and paid separately, but shall be included in the unit price for conduit. Conduit shall always enter a pull box, hand -hole, or any other type structure from the direction of the run only. All conduit couplings shall be designed specifically for the material used in the conduits being coupled. Couplings of conduits of unlike materials must be specifically designed for those materials. 4 Federal Aid Project ATMS Communication System —Phase 1 REVISION OF SECTION 614 FIBER OPTIC CABLE (INSTALL ONLY) Section 614 of the Standard Specifications is hereby revised for this project as follows: Subsection 614.01 shall include the following: This work provides for the installation of fiber optic communications cable to be installed in conduit or duct as specked in the plans. All labor and materials required to fan -out, terminate, splice, connectorize or otherwise connect fiber optic cables at individual controller cabinets, will be paid separately under the Telemetry (Field) pay item. The contractor shall be required to demonstrate successful signal system communications to the Engineer as a requirement of acceptance of this item. Subsection 614.10 shall include the following: All fiber-optic interconnect cable shall be installed, spliced (if required and only as approved by the Engineer), terminated, connected and tested by the Contractor. The number prior to the designator MM identifies the number of multi -mode fibers in the cable. The number prior to the designator SM identifies the number of single mode fibers in the cable.All interconnect and backbone fiber optic cable shall be of the size and type designated in the plans. Backbone cable shall be installed in continuous runs except where maximum pull ^ lengths govern. Manufacturer's recommended limits for cable pull lengths shall not be exceeded. Cable ends shall be stored in pull boxes or overhead splice closures as where indicated in the plans or as directed. Only fibers indicated in the plans are to be spliced and/or connectorized, and if so only in designated controller cabinets or cross connect enclosures. All other fibers shall be left uncut or sealed as appropriate in a manner recommended by the manufacturer. Fiber optic cable shall be installed in a continuous run between all controller cabinets and enclosures as shown in the plans. Lateral cables shall be spliced only in splice closures or cross connect devices and routed to the controllers as shown in the plans. Under no conditions shall fibers be cut out or spliced at intermediate points without the express written direction of the Engineer. ^ Cable shall be installed in new conduit, existing conduit, or overhead as depicted in the plans. Contractor shall be required to leave 10 feet of slack in the equipment controller cabinet. Contractor shall leave 18 feet of slack in the pull box adjacent to the controller and shall leave 6 feet of slack in all other pull boxes. The fiber optic cable shall be neatly coiled and clearly tagged and labeled at such pull boxes and at all other locations where it is exposed. Field cabinets to be connected for this project will connect directly to the appropriate fiber optic cable as shown in the plans. General Requirements. The Engineer shall provide the Contractor with two copies of the cable manufacturer's installation instructions for fiber optic cable in conduit. All installation shall be in accordance with these practices except as otherwise directed by the Engineer. Additional cable costs due to damage caused by the Contractor's neglect of recommended procedures shall be Contractor's responsibility. Backbone cable shall be installed in continuous runs except where cable type changes or where maximum pull lengths govern. The manufacturer's recommended limits for cable pull lengths shall not be exceeded. Cable ends shall be stored in controller cabinets or pull boxes immediately adjacent to cabinets or as directed by the Engineer. Federal Aid Project ATMS Communication System - Phase 1 _2. REVISION OF SECTION 614 FIBER OPTIC CABLE (INSTALL ONLY) Lateral cables shall be installed using appropriate strain relief in the cabinet (through cable ties) at a minimum of three locations. All lateral cable shall be installed in continuous runs from the backbone cable to the controller cabinet. or from controller cabinet to controller cabinet. Under no conditions shall interconnect cable be cutout or spliced at intermediate points without express written direction from the Engineer. If overhead installation is necessary, interconnect cable shall be installed on Public Service Company (PSCo) poles in continuous runs except as directed by the Engineer. Overhead cable installation shall be in accordance with the provisions of the National Electrical Safety Code Handbook and the cable manufacturer's recommendations. At cable dead ends special guying and bracing measures may be necessary to balance the otherwise unbalanced wire tensions acting on the poles. The Contractor is referred to Section 8 of the Handbook. Contractor shall temporarily brace poles as necessary during installation to protect poles against temporary unbalanced conditions. Costs of such measures, temporary or permanent, shall be considered included in the cost of the cable installation, and shall not be paid separately. All fiber optic cables to be installed shall be checked with an OTDR before and after installation. Documentation of fiber performance shall be provided to the Engineer within 30 days of test. All optical fibers shall be within the manufacturer's recommended tolerances. In addition, any other acceptance testing recommended by the manufacturer shall be provided. Data shall be supplied to the City prior to completion of the project Fiber optic cable shall be transported to site using cable reel trailers. Care shall be taken at all times to avoid scraping, denting, twisting or otherwise damaging the cable before, during and after installation. Damaged cable shall be replaced by the Contractor without additional compensation. Cable shall be installed in conduit or duct in the field in accordance with the contract drawings. The conduit and duct ends shall have all rough edges smoothed to prevent scraping the cable. A stiff bristle brush shall be pulled through each section of conduit before pulling cable. A manufacturer recommended lubricant shall be applied to the cable to reduce friction between the cable and duct or conduit. Where fiber optic cables are to be installed in inner duct, the Contractor shall secure each section of inner duct to prevent it from being pulled with the cables. A cable grip shall be attached to the cables so that no direct force is applied to the optical fiber. The cable grip shall have a ball -bearing swivel to prevent the cable from twisting during pulling. Cable rollers and feeders and winch cable blocks shall be used to guide the cable freely into the duct and at maintenance hole locations. Mechanical aids and pulling cable or ropes shall be used as required. The maximum pulling tension as defined by the cable manufacturer shall not be exceeded. The cable shall be taken up at intermediate pulling points with an intermediate cable take-up device as approved by the Engineer to prevent over -tension on the cable. Cable pulls shall be continuous and steady between pull points and shall not be interrupted until the entire run of cable has been pulled. Personnel equipped with two-way radios shall be stationed at each maintenance hole, cabinet, pedestal, communications box and junction box through which the cable is to be pulled to observe and lubricate the cable. Federal Aid Project ATMS Communication System —Phase 1 -3- REVISION OF SECTION 614 FIBER OPTIC CABLE (INSTALL ONLY) Intermediate splices between pull boxes shall not be allowed. The cable shall be securely fastened in place within pull boxes, manholes and cabinets. The contractor shall ensure cable length is sufficient to allow for connection between the communications equipment and the splice enclosures including provision for slack, vertical runs, cable necessary for splicing, wastage and cable to allow for the removal of the splice enclosure for future splicing. Where trunk cable terminations are left to be "dead ended," a minimum of 100 feet of cable shall be left coiled in the final cabinet, manhole or pull box, unless otherwise called for in the plans. Lateral Interconnect Cable: Lateral fiber optic cable shall be installed in new or existing conduit, or along existing span wire, as depicted in the plans. Lateral cable shall be provided with appropriate strain relief in the - cabinet, consisting of cable ties in at least three interior cabinet locations. The lateral fiber optic cable shall be clearly tagged and labeled as such at pull boxes and all other locations where it is exposed. At locations where the interconnect is brought into or out of a span wire pole, the Contractor shall install a new weather - head to accommodate the bending radius of the interconnect cable. Subsection 614.13 shall include the following: Fiber Optic Cable (Install Only) will be measured by the lineal foot for both backbone and lateral cable and shall include all labor and materials required to install the backbone and lateral cables through conduits to all pull boxes, cabinets and closures specified in the plans. Splicing, fan -out and cable termination shall be paid for separately. Subsection 614.14 shall include the following: Pay Item Fiber Optic Cable (Install Only) Pay Unit Lineal Foot Federal Aid Project ATMS Communication System - Phase l REVISION OF SECTION 614 FIBER OPTIC SPLICING Section 614 of the Standard Specifications is hereby revised for this project as follows: Subsection 614.01 shall include the following: At locations where fiber optic cables are to be joined, they shall be sliced using fusion splices in a waterproof outdoor rated splice enclosure rated for the size and type of cable to be joined. Splicing shall only be done in approved pull boxes. Where splicing two cables end to end, all fibers shall be sliced together and the splice closure shall be sealed to prevent moisture penetration. The splice closure and cable slack shall be neatly stored in the pull box and the lid secured. End to end splices shall be colocated with lateral splices if possible. Where splicing lateral cables to a main (backbone) cable, two fibers as identified by the City shall be cut spliced to four fibers in the lateral cable. Unaffected buffer tubes shall remain uncut and unaffected fibers shall be left uncut unless construction conditions prohibit this, in which case the fibers will be spliced back together. The following information is for the purposes of sizing splice closures: Lateral cables — 12 singlemode fibers PRPA cable —144 singlemode fibers New backbone cable — 48 singlemode fibers Subsection 614.13 shall include the following: Splicing of fiber optic cables shall be measured on the basis of the location and shall include all splice canisters, splice trays, and all other materials to complete the splicing of cables necessary at that location. Subsection 614.14 shall include the following: Item Fiber Optic Splicing Pay Unit Each 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 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. CX Yes ❑ No I have developed and have on file at each establishment an affirmative action program as required by 41CFR Chapter 60, Part 60-2. 2. CX Yes ❑ No I have participated in a previous contract/subcontract subject to the equal opportunity clause. 3. CY 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. Metrowest Communications, LLC bidder ❑ proposed subcontractor By: Title: 0 JDate: Vice President 3/20/02 1144 Federal Aid Project -- ATMS Communication System —Phase 1 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the City's estimate for force account items included in the Contract. Such estimated amounts will be added to the total bid to determine the project commitment amount and the amount of 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. FORCE ACCOUNT DESCRIPTIONS F/A 01 Minor Contract Revisions -This work consists of minor work authorized and approved by the Engineer, which is not included in the contract drawings or specifications, and is necessary to accomplish the scope of work of this contract. Total $50,000.00 F/A 02 Conduit Repair — This work consists of minor work to repair broken or damaged portions of the existing 1-1/2 inch conduit. Exact locations of repair work will be determined during proofing of the conduit. , Total $50,000.00 9 -� Federal Aid Project ATMS Communication System —Phase > TRAFFIC CONTROL PLAN -GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.08. The components of the TCP for this project are included in the following: (1) Subsection 104.04 and Section 630 of the Standard Specifications. (2) Standard Plan S-630-1, Traffic Controls for Highway Construction, and Standard Plan S-630-2. (3) Manual on Uniform Traffic Control Devices (MUTCD). Traffic Control shall be provided as required by, in descending order of precedence, MUTCD, the plans and special provisions for this project, Colorado Department of Transportation Standard Specifications, and Colorado Department of Transportation M and/or S Standards. Special Traffic Control Plan requirements for this project are as follows: Steel drum channelizing devices shall not be used for traffic control. During the construction of this project, traffic shall use the present traveled roadway at all times in each direction unless otherwise directed by the Engineer. The Contractor shall not have construction equipment or materials in the lanes open to traffic any time, unless approved by the Engineer. All personal / employee vehicle and construction equipment parking is prohibited when it conflicts with safety, access, or the flow of traffic. The Contractor shall install construction traffic control devices in locations where they do not block or impede other existing traffic control devices, or sidewalks for pedestrians, disabled persons, or bicyclists. The Contractor and subcontractors shall equip their construction vehicles with flashing amber lights. Flashing amber lights on vehicles and equipment shall be visible from all directions. The Contractor shall maintain access to all roadways, side streets, walkways, alleyways, driveways, and hike/bike paths at all times unless otherwise approved by the Engineer. During non -construction periods (evenings, weekends, holidays, etc.), all work shall be adequately protected to insure the safety of vehicular and pedestrian traffic, as detailed in the Contractor's MHT. Excavations or holes shall be filled in or fenced when unattended. The Contractor shall perform all the work on the roadway between the hours of 8:30 A.M. and 3:00 P.M. or as approved by the Engineer. Weekend and nighttime work will be allowed with the prior written approval of the Engineer. Work that interferes with traffic will not be permitted during any of the following times: 11 on any day of a 3 or 4 day holiday weekend; or 2] after 12:00 noon on the day preceding such holiday weekend. 10 Federal Aid Project ATMS Communication System - Phase 1 -2- TRAFFIC CONTROL PLAN - GENERAL All costs incidental to foregoing requirements shall be included in the original contract prices for the project _ and will not be measured and paid for separately. Work will not be permitted that directly or indirectly interferes with the flow of traffic between the hours of 5:30 AM and 8:30 AM Monday through Friday; between the hours of 3:00 PM to 6:30 PM Monday through Thursday; and after 2:00 PM on Fridays unless otherwise authorized by the Engineer. Contractor shall obtain all required access and construction permits from the City of Fort Collins prior to _ initiating work along City right of way. All lane closures shall be subject to the approval of the Engineer. Requests for such lane closures shall be made at least 24 hours in advance of the time the lane closure is to be implemented. Lane closures will not be allowed to remain unless utilized in continuum for the duration of each working period. Contractor shall coordinate with all tenants affected by alley and/or access closures two weeks prior to closure. Traffic shall be maintained on all streets at all times, via flagging if necessary for closures of one day or less. Contractor must maintain at least 2 traffic lanes open at all times through construction areas. Lane closures will only be allowed Monday through Thursday between 8:30 AM and 3:00 PM and Friday between 8:30 AM and 2:00 PM. All existing lanes of traffic shall be open at all other times unless otherwise authorized in writing by the Engineer provided that contractor has requested the closure in writing at least 48 hours prior to the closure. All construction vehicles shall remain on paved surfaces at all times. All Construction Traffic Control shall be paid for on a lump sum basis and shall include all construction signs, ^ temporary markings, flagging and supervision necessary for the duration of the project. November 30, 2000 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 630.10 and replace with the following: 630.10 Traffic Control Management. The Contractor shall designate an individual, other than the superintendent, to be the traffic control supervisor. The traffic control supervisor shall be certified as a worksite traffic supervisor by either the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA), and shall have a current Department flaggers certificate. A copy of the traffic control supervisor's certifications shall be provided to the Engineer at the preconstruction conference. The traffic control supervisor's duties shall include: (1) Preparing, revising, and implementing each required method of handling traffic in accordance with the traffic control plan. (2) Directly supervising project flaggers. (3) Coordinating all traffic control operations, including those of subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies. (5) Preparing a traffic control diary on every calendar day traffic control devices are in use. This diary shall be submitted to the Engineer daily and become a part of the Department's project records. The diary shall include the following information as a minimum: (a) Date (b) For Traffic Control Inspection, the time of the inspection (c) Project number (d) Traffic Control Supervisor's name (e) Description of traffic control operations (lane closures, shoulder closures, pilot car operations, detours, etc.) including location, setup and takedown time, and approved method of handling traffic (MHT) number (f) Types and quantities of traffic control devices used per approved MHT (g) List of flaggers and uniformed traffic control (UTC) used, including start time, stop time, and number of flagging hours and UTC hours used (h) Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken (6) Inspecting traffic control devices on every calendar day that traffic control devices are in use, masked, or turned away from traffic. These inspections shall include at least one night inspection per week. The TCS or another representative who is certified as a work site traffic supervisor shall perform these inspections. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the Contract which contribute to the convenience, safety and orderly movement of traffic. Have an up-to-date copy of the MUTCD and applicable standards and specifications available at all times on the project. (9) Attending all project scheduling meetings. (10) Supervising the cleaning and maintenance of all traffic control devices. A certified worksite traffic supervisor shall provide traffic control management (TCM) on a 24-hour-per-day basis. The traffic control supervisor (TCS) or another representative who is certified as a work site traffic supervisor shall be available and reasonably accessible to the job site on every working day, on call at all times, and available upon the Engineer's request at other than normal working hours. During non -work periods, the TCS or another representative shall November 30, 2000 2 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL respond to the job site within 45 minutes. When another representative responds, the TCS or another representative who is certified as a work site traffic supervisor shall arrive at the job site within two hours after notification. The Contractor shall maintain a 24-hour telephone number at which the TCS can be contacted. The TCS shall not act as a flagger except in an emergency or in relief for short periods of time. Delete subsection 630.14 and replace with the following: 630.14 Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below. Construction Traffic Signs: Panel Size A: Up to 1 mZ (0.01 to 9.00 Square Feet) including Type 1 and Type 2 ^ Barricades. Panel Size B: Over 1 to 1.5 m2 (9.01 to 16.00 Square Feet) Panel Size C: Over 1.5 m2' (16.01 Square Feet and over) — Special: As shown on the plans The total number of traffic control devices of each type on the schedule and approved subsequent modified schedules shall be the maximum number approved for payment. Traffic channelizing devices consisting of vertical panel, traffic cones, or drum channelizing device will be measured by the unit. Concrete barriers will be measured by the meter (linear foot). Barricades will be measured by the number used. Barricade warning lights shall be furnished as a part of this item when required by the Traffic Control Plan (TCP). Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit according to size. The flashing beacon (portable) will be measured as a unit complete in place. Sign panel will be paid for under the appropriate item. The quantity to be measured for Traffic Control Management will be the number of authorized 24- hour days of active TCM performed by the TCS or another representative certified as a work site traffic supervisor. Payment will be made for one day of Traffic Control Management regardless of the number of TCSs required to adequately control the work. An authorized 24-hour day of active TCM will be every calendar day on which active traffic control occurs in accordance with an approved MHT. This includes activities such as flagging operations, pilot car operations, and setting up or removal of construction zones, shoulder closures, lane closures or detours. Traffic control devices that are left in place during non -working hours, including configurations such as lane closures, temporary channelization or detours, are not considered active traffic control. The quantity to be measured for Traffic Control Inspection will be the number of authorized 24- hour days of traffic control inspection (TCI) performed by the TCS or another representative certified as a work site traffic supervisor. An authorized 24-hour day of TCI shall be every calendar day that traffic control devices as shown in the MHT are in use, masked, or turned away from traffic on the project, and the only traffic control activity is the inspection of traffic control -- devices. 3 November 30, 2000 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Resetting, repairing, or replacing traffic control devices is considered maintenance of the devices. Cleaning and maintaining of traffic control devices are not considered traffic control activities subsidiary to the Traffic Control Management, Traffic Control Inspection or flagging pay items. Payment will be made for either Traffic Control Management or Traffic Control Inspection for every calendar day that traffic control devices as shown in the MHT are in use, masked, or turned away from traffic on the project. Payment will not be made for both items for the same calendar day. Work on a night shift that begins before midnight and ends after midnight will be considered as occurring on the calendar day on which the shift ends. The quantity to be measured for flagging will be the total number of actual flagging hours that are used as authorized in accordance with an approved MHT. Payment will not be made for time spent by flaggers to set up and take dwon construction traffic control devices. The quantity to be measured for pilot car operation will be the total number of hours that pilot car operation is used as authorized. Hours of flagging and hours of pilot car operation in excess of those authorized shall be at the Contractor's expense. Delete subsection 630.15 and replace with the following: 630.15 Payment for the individual traffic control devices necessary to complete the work shall be full compensation for furnishing, erecting, cleaning, maintaining, resetting, repairing, replacing, moving, removing, and disposing of the construction traffic control devices. All construction traffic control devices that are not permanently incorporated into the project will remain the property of the Contractor. 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 105.16, exclusive of any maintenance periods. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: or Sequencing Arrow Panel (__ Type) Each Cone November 30, 2000 4 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The Contractor shall agree to quantities for the following items on a weekly basis when signing the CDOT Form 7 — Weekly Report of Miscellaneous Pay Items: Traffic Control Construction Traffic Sign (Special) is a project specific sign indicated on the Schedule of _ Construction Traffic Control Devices. When Traffic Control Management and Traffic Control Inspection are not pay items, traffic control ~ management will not be paid for separately, but shall be included in the work. Flagger hand devices will not be measured and paid for separately, but shall be included in the J work. ^ Cost of electrical power, including batteries, for all temporary lighting or warning devices shown on the TCP will not be paid for separately but will be considered subsidiary to the item. Temporary masking signs, including the covering materials and fastening devices, will not be measured and paid for separately but shall be included in the work. I ^ The Contractor may provide larger construction traffic signs than those shown on the plans, if approved; however, payment will be made for the panel size designated. If the Contractor fails to complete construction within the approved contract time, no payment will be made for the use of Section 630 pay items for the period of time after expiration of the approved contract time. These items shall be provided at the Contractor's expense. Cleaning and patching of the roadway after removal of the Channelizing Device (Fixed) will not be paid for separately, but shall be included in the work. REVISION OF SECTION 630 Sept. 26, 2000 NCHRP 350 REQUIREMENTS 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 issued by the Project Development Branch unless such use is first approved by the Specification Unit of Project Development. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications 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 projects. September 26, 2000 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 delete the 2nd sentence: Subsection 630.08 shall include the following: Work zone devices designated by FHWA as category I including but not limited to single -piece drums, tubes, cones, delineators, crash cushions, and truck mounted attenuators shall meet NCHRP 350 crash test requirements. The Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 certification for each type of category I device before it is first used on the project. Work zone devices designated by FHWA as category II including but not limited to barricades, vertical panels with light, drums or cones with light, portable sign supports, intrusion detectors and type III barricades shall meet NCHRP 350 crash test requirements or shall have been originally purchased prior to October 1, 2000 by the Contractor. The Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 certification for each type of category II device or shall certify that the category II device was originally purchased prior to October 1, 2000 before it is first used on the project. construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph2.9, any related Work perforated Prior to ENGINEER'S review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work. 6.29. CONTRACTOR shall cant' on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or Postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee. 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release Of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any pan thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification. 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants agents officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any Person or organization directly or indirectly employed by 17 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. BID# 5688 ANTI -COLLUSION AFFIDAVIT LOCATION Fort Collins, CO 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 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. Conbacloes rim or company name By Dale Metrowest Communications, LLC J Tiue Vice resident 2nd contrador'e firth or coml,ry name. (If joint venlum.) 9y Date Title 2_2�02�� Sworn to before me this 10 k day of, "nary Publl commledonaxa N>,'. Aug OF C01- his document must be signed In Ink. CDOTFarm*M N97 OWNER: coo o(vodowom &iOBfBBR: CHANOfi ORDA" Noun b DATE - 2 7 Not Ckmte by Cbama Otdet APPLICATION FOR PAYNm r PRWBCit CONTRACTOR; AppBudm It made Pot hymmt u ahowa bolaw, a eaaomlim abb Comxl AMOUNT The ptewad A" of We armed fm"f mbod It to follows: OtltkW Cmtrrl AmanC Not ammo by mote Only: Cuumt CmtW Atemmk ToW Cmpk" mod M.W la DN., . Isn Pteshau Appiiridmt: ' Amount Doe Bds Applicadm-Befom Radugs . 1<n Rdak te: TO.00 ' A►TOUNT DUB TRM APPLICATIQN: CBRIIPICATION: Tko wdm•haod CONTRACTOR tnWin But AN obligation of CONTRACTOR lammed 6m cotNlm with do Work b.. boom W atflry ed a tohed Is Pasdmpb 14.7. of do Oawosl Coodkims d dw Comm L Tie shwa Amomt Dow Ihb AppRomm Is segacWd by Ow CONTRACTOR. DOW By: rmymmt of Ow aba.o Aaeaool the Tbh AppBadm It teeme:mded by Aw BNUROM, Dam By: hymmd of d o abv.e Amouol Doe This A"&Wlm ha bozo lo.TewW by Bw OWNRWS PmJtat Mmotm. hpw* of Bu Oxwo Amm of Dw Ibh AnA.211m 6 app'oad by Bn OWNER Dols By: APPLICATION NIIMRBR: APPLIGTION DATW PBRtoO.Dauff mU, PERIOD P.HIMU: PROTECT NUNBBR: PAOB 1 OF 4 COLORADO DEPARTMENT OF TRANSPORTATION Project # UNDERUTILIZED DBE BID zS (� 8 8 CONDITIONS ASSURANCE Location C .-v Instructions: Contractor - Complete and submit this form with your bid. Report only Underutilized DBE (UDBE) particiva- -... .-.0 u nu ou, avid IVI un, pruject POLICY It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have maximum opportunity to participate in the performance of contracts financed with federal, state or local entity funds. INTENDED UNDERUTILIZED DBE PARTICIPATION 1) Will your company's intended Underutilized DBE (UDBE) participation meet contract goals? d yes ❑ no 2) Total Underutilized DBE (UDBE) participation: 2nJ MeetScontract goals % yes ❑ no 3) List the UDBE firms you will use for your intended UDBE participation Name of UDBE firm(s) Certification Intended item(s) expiration date of work %A0 z )AEON Cow�P40 2 PAL. C.ON C.-ol.., 1-31-ZoU2 Cply'TRO� p,a.�t� �-c�m 8 -3i • 2m CI>, `� \��rRcE 1rE. I understand that, if my company is determined to be the low bidder for the contract on this product, I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION to the Transportation Department by 4:00 pm the day after the bids are opened. In addition, if my company does not meet the intended contract goals, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before the above stated deadline. 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 Comp y Icer si nature Title N% I G.E �tiESt6� " .. ,v.y vv. ve vane CDOT Form 9714a 6101 COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED UNDERUTILIZED DBE PARTICIPATION BI Contractor:1. An officer of the contractor(s) must complete this form. 2. Include only DBE firms which meet the underutilized criteria in the contract goal specification for this project. 3. Submit a separate CDOT Form #715 for each proposed DBE. 4. Retain a photocopy for your records. tBE Subcontractor information tems of Traffic Control A) What is the total dollar value of this proposed (NOTE: dollar values are to be actual subcom Ef iat is the total dollar value of )r sheets? C) What is the accumulative vai D) What is the orginal contract t E) What is the fic )ntrol LH 5. Send original to: Colorado Department of Transportation Business Programs Office 4201 E.Arkansas Ave. Denver, Colorado 80222 FAX: (303) 757-9019 itlon # 3448 aFtoward contract goals? contract prices) IA> $1 8, 7 0 0. 0 0 toward contract goals from B> $69,100.00 that are applicable towards contract goals? C> $87, 800. 00 bid total subcontracted to all underutilized DBEs? A + B = C (C=D)x 100 =E E> 2 2 I certify that: -- • my company has met the contracted DBE goals or has attached a completed CDOT Form #718, DBE Goad Faith Effort Documentation. • my company has accepted a proposal from the DBE subcontractor named above. • my company has notified the proposed DBE subcontractor of the contracted DBE commitment. • my company's use of the proposed DBE subcontractor for the items of work listed above is a condition of the contract award. • my company will invite the proposed DBE subcontractor to attend the preconstruction conference. • my company will not use a substitute DBE subcontractor for the proposed DBE subcontractor's failure to perform under a fully executed subcon- tract, unless my company complies with the definitions and requirements section of the DBE Special Provisions. • 1 understand that failure to comply with the information shown on this form will be considered grounds for contract termination. 1 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 beat of my knowledge. �. - _mtractorname Met t Communications, LLC 3/20/02 ghat- ausinah Programs copy 3y- Region EEO represenitajIve copy J Vice President are COLORADO DEPARTMENTOFTRANSPORTATION UNDERUTILIZED DBE GOOD FAITH EFFORT ^OCUMENTATION Project BID# 5688 Location Fort Collins, CO •� o eNPu,em iuw oiaaer on a cuUV construction project and has faded to meet the Underutilized DBE (UDBE contract goals shall use this form to document good faith efforts made to date by said Contractor to attempt to meet these goals. FAILURE TO FULLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID. Each portion of this form is to be addressed in the space provided, or on supplemental sheets. Attach supporting documentation as required. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303-757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Solely at its discretion, CDOT may request additional information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts. I. List sufficient bid items (including portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the established UDBE participation goal. Indicate the total percentage of work identified for UDBE participation. The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage goal established by CDOT. 1. Traffic Control Cable Placement Il. For each subcontract item Identified, work and function codes match the typi capable of performing identified subcor telephone log of calls, includmgt Wp mail, provide copies of lettfac� {o U Bpi subcontracted, and thskfa da{a Leo r be available to bidder�9' Jhe Co ct .e� Submit a detailrtlxrili'hntinn n- i..i r . r MPT Dy man t*AX Vd/or telephone a minimum of two currently CDOT-certified UDBEs whose #tdc,ing soil iced. For projects in areas of the state where there are more than two UDBEs ct tr�s, contact at least two thirds of those UDBEs. If soliciting by telephone, provide a sRusslft, date, time, name of person contacted, and the response received. If soliciting by it hAX responses. Letters and FAXes must specifically identify the project, the items to be n8"FAXes must provide an address and phone number where specific quantities or details will all provide sufficient time to allow the UDBEs to participate effectively in the bidding process, failure to provide any of the above. 1, Northern Colorado Traffic Control 2. Dash Communications III. List all UDBE and non-UDBE bidders, bid dollar amounts for each bid item, and the name of the successful bidder. Describe how bid items were broken down to Increase opportunities for specific UDBE bidders. If the UDBE bids were rejected, give reasons for each case. Cost alone may not be adequate Justification for failure to use a UDBE bid. If the work is to be counted as a potential UDBE 'subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. en a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. Whether a bid is npetitive" or "significantly lower" will be determined by CDOT. Provide a detailed explanation for failure to provide any of the above. Metrowest only solicited bids from two UDBE Contractors. Both bids were accepted. IV. The efforts; "(E determining whiIII may be consid4i5 Providing UDBE I %0fm-11ui r,xuausuve or exciusive. Other factors or types of efforts may be relevant in appropriate cases. In. with Efforts have been made, the quantity and intensity of the efforts made as well as kinds of efforts made additional efforts to increase UDBE contract participation, such as requesting subcontractors to assist with Note the results of such efforts. CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE 41-S ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. CLmpany Signatur Metrowest Communications, LLC J Title Vice P sident Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323U)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 CFR Part 661. Date Signature John Yanello Company Name Metrowest Communications LLC Title Vice President Page 17 REVISION OF SECTION 614 FIBER OPTIC SPLICING Section 614 of the Standard Specifications is hereby revised for this project as follows: Subsection 614.01 shall include the following: At locations where fiber optic cables are to be joined, they shall be sliced using fusion splices in a waterproof outdoor rated splice enclosure rated for the size and type of cable to be joined. Splicing shall only be done in approved pull boxes. Where splicing two cables end to end, all fibers shall be sliced together and the splice closure shall be sealed to prevent moisture penetration. The splice closure and cable slack shall be neatly stored in the pull box and the lid secured. End to end splices shall be co -located with lateral splices if possible. Where splicing lateral cables to a main (backbone) cable, two fibers as identified by the City shall be cut spliced to four fibers in the lateral cable. Unaffected buffer tubes shall remain uncut and unaffected fibers shall be left uncut unless construction conditions prohibit this, in which case the fibers will be spliced back together. All work inside the existing handholes and vaults on the PRPA line, including splicing, will be performed by PRPA. Contractor shall coordinate this work with PRPA. The following information is for the purposes of sizing splice closures: Lateral cables — 12 singlemode fibers PRPA cable — 144 singlemode fibers New backbone cable — 48 singlemode fibers Subsection 614.13 shall include the following: Splicing of fiber optic cables shall be measured on the basis of the location and shall include all splice canisters, splice trays, and all other materials to complete the splicing of cables necessary at that location. Subsection 614.14 shall include the following: Item Fiber Optic Splicing Pay Unit Each RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Page -2- Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all ids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Non -Compliance with 49 U.S.C. 5323U)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7. Date Marc 20 00 Signature , John Yanello Company Name rowest Communications, LLC Title Vice President Page 18 Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements ro be submitted with each bid or offer exceeding $100, 000) The undersigned [Contractor] certifies, to the best of his or her kngwledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or. employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, at seq .)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts rider grants, loans, and cooperative agreements) and that all subrecipients shall certify and sclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.3 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, Metrowest Communications, LLC , certifies or affirms the Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands nd agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certifica orylan iscl re, if any. Signature of Contractor's Authorized Official John Y nello, Vice PresidentName and Title of Contractor's Authorized Official March 20, 2002 Date SECTION 00400 SUPPLEMENTS TO BID FORMS 00410Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 BID BOND KNOW ALL MAN BY THESE PRESENTS: that we, the undorsigr.ed Metrowest Communications, LL6s Principal, and Fidelity and y Insurance Comoanv as Surety, are hereby held and firmly bound Unto the C tv of Fort Cclline Colorado as OWNER, in the sum of $ 5X-----* for the payment of which, well and truly to be made, we hereby jointly and saverally bind ourselves, successors, and assigns. h Five Percent of the amount bid -----------_--__ THE CONDITION of this obligation is such that whereas the Principal has submitted to the Cit of Fort Collin' Colorado the acdompahying Bid and hereby made a part hereofto enter into a Construction Agreement for the construction. of Fort Collins Project, TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1, BID NO, 5699, NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said aid shall be accepted and the Principal shall e7tecUte and deliver a Contract in the form of Contract attached hereto (properly Completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other raspects 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 avant, 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 he 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' transpct business it, the State of Colorado and be accepted by the OWNER, `K Hka-t!, COP N TO F©1_l _© \N 7/96 Section 00410 Page l 2'd TT9'ON WU80:0T 2002'02'dU4 E IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 2001 day of March , 2002, and ouch of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officere, the day and year first set forth above. PRINCIPAL Name! Metrowest Communications, LLC, Address: 1301 Courtesy Road Louisville, 8 02 By: 44 Tit AtT By: (SEAL) 7/96 stMZTT Fidelity and Guaranty Insurance Company Sedtion 00410 Page 2 E'd TT9'014 WUGO:0b� 2002-02.6U4 mexIbul Power orAtiornety No, POWER Off' ATTORNEY Seaboard Surety Company St. Paid Fire and Marlae Insurance Company St. Paul Guardlun Insurance Company St Paul Mercury Iotutanco Company 23108 Unitod Skatas Fidelity and Goownly Company FMetity and Guaranty Insurance Company Fidelity and Guaranty lasaranea Underwriters. Inc. Certificate No, 1105836 KNOW ALL MEN RY THESE PRESENTS: That Seaboard Surety Company is u corporation duly organized under the laws of the State of New York, and (hat St. Paul FIN and Marina insurance Company. St, Pau! Ouadian Insurance Company and $t. Paul Mercury lnautunee Company sale corporauons duly orgunized Jrdrr the laws of the State of Minnesota and that United Sates Fidelity dad Gaarawy Company Is a corporation duly organized under the luws of the Slate of Maryland. anJ that Fidelity aid Guaranty Insurance Company is a corpotudon duly organized under the laws of :he thuc of Iowa. and that Pidcliiv and Guaranty Inturdlue Utdeirwritc s. Inc, is a c tpomtian duly organized under the laws of the State of Wisewnsut (harem couerrivety erIled the "Cohpanies"). and that the Compunlex du hereby make. conerituta and appoint Dou& C. Busier, loan C. Armstrong and Kimberly D. Johnson Denver Colorado of the City of . Staid . their true and lawful Altamoy(s)-Id-Fut, each to their separae capacity if more than one is named above, to sign its name as surety to, and to tuceum. east and acknowledge any and all bonds. undertakings. contracts and other written Inswmeats In the nature thereof on behalf of the Companies in their business of guaraatoctng the fidelity of pemisl- guarnhiccing the perrormance orcontroats and executing or guarantaemg bonds and undermIdage required or permitted in any actions of procaadings allowed by law, 2002 IN WITNESS WHEREOF. the Companies m nies have eauead this inSavent to be Signed dad tattled this 14th day of llsnuaty ITN1 Seaboard Surely Company Wind Stares Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St- Paul Guardian lWgAoa Company Fidelity cud Guaranty Ius iraace Underwriters, Inc. St. Paul Mercury Insurance Company A A„ 019CAW, epmJOkiN F. PHINNEY, vier ProrlrLw 46 Stan of Marylard City of Sallheere THOMAS & HUIBRECT3E. Areplan15ecretM 1*1 laauaty 2002 On this day of , before me, the undcrsigded efticer, personally apptarod foha F Phinne) and Thomas E. Hutbregua, who acknowledged themtolvcs to be uc Vice President and Assistobi Socretary• respectively. of Scnpood SuNty Company, St. Paul Fire and Marine Insurance Company, St. Paul Gnardiad InILlmhee Company. St, Paul Mercury Iaetlmaeu Company, United $term Pldelity and Giurauty Company. Fidelity and Guaranty insurance Company. and Fidelity and Ounranly Insurance Underwriters. Tnc.l end that the seals affixed to the foregoing Inetwmam an the curptn'Va nilx act said Companies: and that they. as such. hcing authorized so to do, cxacmed the foregoing instrument for the purpotes maroin contained by signing rem names of the corporations by t6erastives As duly authorized offieers. in Witness W heroor. [ hcrcunto sm my hand ;md official seat. r�i' My Commission cxPlaes the 13th daY of tiny, 1002. cnV ep r 86=3 Rev. 7.2000 PtlMed Ih U.S.A. t' 779'ON 12EBECCA EASL6V.ONCKALA, Nolan Pabi'e 14de0:01 2002'02•dbW This Power of Attorney is granted under and by rho authority of the following resolutions adopted by the 9oards of Dktectora of Seaboard gusty Company, St. Paul tin, and Marine Ina once Company. St Mau Grusdkah Instrtrtce Caaperny, St. Paul Mercury Insuea na Company. Veiled States Fidelity and Ouarenty Company, ?idehty and Ouarunly lhauranoe Company, and Flddity, earl Guaranty lost rma i Undorwdtors, Inc. on Soptemb le 2, 1998, which nseludons on Dow in full lave and 7lfect, readibg as follows! RESOLVED, that In connection with the fidelity and surety insuranob business of tha Company, ell bonds, undertakings, conhacts and other i IIU meets rotating to said business ITAY be signed, executed, And acknowledged by pawns or ondties appelntod as Atiomey(e)-In•Pnok puriugd! to a Power of Attorney 'good in aecordnnea with three resolutions, Sad power(g) of Attorney for and on behalf of the Co npohy may and ¢boll be executed in the home and en behalf Of the Conhpany, either by the Cbaiemm. at the President, or any Vitt President, or an AldlNult MCI Pfcddmk Jointly wU,h tie Secretary or as AsSielani Secretary, under dssir respective "Stiatioas. 'Me signature of snob of cons nay be engraved, piloted or lithographed. She aigbature of aaeh of the fotegaing officers and the sea of the Company mey be ariion d by Iseatnile rat any power of Attorney or to any certificate relating durcto appointing AktnrMY(s)-ie fact for pUtposoe only of exccutng and atte king bonds and undertaking and other wrldugs obligatory In the nature thereof, and abject to say limibif etil at forth that" my such Po%vt of Attorney of oatifiate bowleg such feCa11n11e sigosairs or faesimile seal abut be valid and hindbhg upon the Company, and my such power so exoeuled gad eorttfled by each facsimile Signdute and f=holle sea Abell be valid and bading upon the Compmy with respect to any head or undertaking to which it it validly Atluehed; and RESOLVED FURTHER, that Attoreey(n)-in•Fact shall have Olt power and authatity, sad, in any caw, abject to the terms and limitathna of the Power of Atwsray, issued them, to sweats add deliver op behalf of the Company and to uueh die vial of the Company to any and a1 bonne and onde+ukinga, and other writings ebligarory in the nature therm[, and Any such lnstr m tot cxeuuted by seeh Attomey(s}io•Fnct Shall be tee M41119 epee the Company m if W92W by an Sxaeutive officer and scaled and uuagod to by the Secretary of the Canpaq- I,'llromas 8. Huiuregise, Anislant Secrctery of Seaboard Surety Company, St. Peal Pin and Merjne Iuudtanee Company. St. Paul GUAM!" insuratuo Company, St. Paul Mercury msnulwor Company, Urutod States Fidelity set Guaramy Company, Fidelity and Gumabhy inaxanas Company, and Fidelity and Guaranty Insurance Undetwritcro, Inc, do hereby certify that the above and foregoing Is a true and coned copy of the Power of Attorney cxwuted by sad Companies, which is in folk force and ofk'ect and has not bead revoked. �q� IN'I'ESTIMONY WHEREOF ir 0"-- I IrMiritc set my hand this _ day of,. 1D27 wn�et g�eo � yuc +� 1D77 inga� s / /lk�r�a.0 �,%Y.fe-J�� Mooing, fi. Huibtegtsc, Aaaknau Saaeury To very)) be aarkentieky ofddr Power ofAnorns% call I4004M.3180 and teak for der Power of Alkorwq clerk. Please nfe. so rke Power OfAnoresy amebas, ou abere nareed iadvidaaU arrd the deralls v f du bond to wkwk eke Power is anaclad. WU6O:0S 2OO2'O2'8k1W 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: Metrowest Communications, LLC 2. Permanent main office address: 1301 Courtesy Road Louisville, Co 80027 3. When organized: 1987 4. If a corporation, where incorporated: Colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 15 Years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) See AtfarhaH 7. General character of Work performed by your company: Outside Plant, Inside Plant. Fiber nnt;c 8. Have you ever failed to complete any Work awarded to you?No If so, where and why? D 10 Have your ever defaulted on a contract? No If so, where and why? Are you debarred by any government agency? No If yes list agency name. 7/96 Section 00420 Page 1 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. 1W91 Experience in construction Work similar in importance to this project: City of Greeley -Island Grove Project Weld County- Completefiber optic backbone City of Durango and Durango Fire and Rescue 14. Background and experience of the principal members of your organization, including officers: 15_ Credit available: $ 16. Bank reference: Bank One, Contact: Connie Meine (303) 244-4145 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR? Yes, See Attached If yes, in what city, county and state? What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? yes If yes, what percent of total contract? 21% and to whom? Dash Communications and Northern Colo. Traffic Control 20. Are any lawsuits pending against you or your firm at this time?No If yes, DETAIL 7/96 Section 00420 Page 2 21. What are the limits of your public liability? DETAIL Saa Attar-har9 What company? Van Guilder-IngUranCe Corporation 22. What are your company's bonding limitations? $5,000,000.00 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at 8:00 a.m, this 20 day of March 2002. Metrowest Communications, LLC Name of Bidder By: John Yanello Title: Vice pEeaideat, State of Colorado County of Boulder John Yanello being duly sworn deposes and says that he is Vida Pra4ident OfMatrow et rnmmunir- ions and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 20th March nn 2002. // Notary Public My commission expires 7/96 day of L� O%- CO\` ,�7 My Commission Expires Jury 22, 2003 Section 00420 Page 3 I t r E Z O ~ 'c z F- cc V m p U LuU ENt cc Wcza Z C LL U Z v Z o m Q U Q O N Z$a E Fw0CC U H= ° ¢LL �ti a c F � is y GOf C O O. c07 O J LU m a\ S CID Mall o M M Q Z TM \ IL try �Q Cr C:a w J` r° ^ ) , r;;..s r of i\ n a ` �ti a wI2�v I `•C '`'G \ c 5 ci 40 fit,. LU .a -� LU C c �—� �? c.1 -n, I11 2000 'G) GHQ yo c y1-DiM ¢-Dj-DI -DID 1-DI -Dt� 1-DI1-DI -Di �-DV -D11y -DI �-Di�-DI °<<<','-p�roaa�N60a��wwa�w��waa�aa�wa�3mw�aw 3 `D33 3mm m m m o Pi n m o � p Z G> 3 0�m a D N R,molo'o'S�`i'n=�P° -i �. =m ne °�n��(iPu t�n7J�3C�;-im Zn>>;c UR C)9 o le°rN0 mm a�� is�-Er mN JN�3�a 2 0m O d/he iO� m o n Vl o i maApwrnmmom W, o40v4001"N �C°% a e e e e el e e e v e o o e v e o s o o e o o e v o I o a e v o A rare N N N N o N� N N N N N W 10.1 W 40i (OJ W W t0.� W W W W W W t0.1 W W 8 W W fOJ W W tOu f.0i r/OjJ'D are N W V+NOtp�p WtAJ m °err W ONpV OA NAN+NNNAONiAtoDUtApi V pA�>WW W A NAOoOittNpO V+CVD W pi aCr,y N pp S O0 0 Gt N S A O OO ApN T N S V V W WV A N AVONVVO OW�OV'SSOVOWWNOVOV pp M WW AmOOoWOboVN MMWN pm Attachment F. University of Northern Colorado $435 000 Scott Mclean (970) 351-1982 The University of Northern Colorado was established in 1889 with just 96 students. Today the school is home to over 11, 000 young aspiring students. The University selected Metrowest Communications in October of 2000 to install an AMP Netconnect premise wiring solution in Michener Library, Candelaria Hall, Mckee Hall, and Carter Hall. The total project consisted of Metrowest pulling, terminating, testing and certifying over 1,200 voice/data locations. These locations where home run back to 17 MDF and IDF locations. All Communications Closets were built out by Metrowest and the existing network infrastructure was cleaned up. Each closet was connected by 6-strand multimode fiber optic cable. Outside Plant work consisted of connecting Carter Hall to Mckee and Gray Hall with 6-Strand single mode fiber optic cable. Architect: Lockwood Green and Associates Owner: University of Northern Colorado Project Start Date: October 2000 Project End Date: November 2001 Raindance Formerly Evoke Communications $1 2 Million Sam Moore (303) 928-2400 Metrowest Communications designed and installed a Premise Wiring Solution with over 2,500 voice and data drops, as well as a star topology fiber network, as well as a redundant fiber backbone between campus buildings. Installed over 120 equipment racks in a large data center environment. Architect/Designer: Jack Thorpe (No longer with Company) Owner: Raindance Project Start Date: July 2001 Project End Date: November 2001 www.raindance.com Charter Communications Formerly High Speed Access $1 5 Million Mike Giovanni (720) 922-2625 Metrowest Communications designed and installed the voice and data cable plant in each of this customer's sites, including 5 offices in the Denver area and offices in Kentucky, Virginia, Georgia, Illinois, and Pennsylvania. Total solution involved voice, data and video cabling, LAN and WAN hardware and fiber optic connectivity. Architect/Designer: Shawn Kissman & Sean Samuels (303)-292-5599 Owner: Charter Communications Project Start Date: May 2000 Project End Date: October 2000 www.charter.com Kelly Schneider (303) 223-5087 Metrowest Communications installed over 3,000 cables in Voyant Technologies headquarters in Aurora Colorado. Metrowest was responsible for the design and installation for all of the ladder rack in all of the communications closets. The building houses 1 MDF, 2 IDFs, and 2 labs. 12 Strand Multi -mode fiber optic cable was used to connect all of the closets. (48) 25-pair Category 5 cables were used for inner building T-1 transmission. These 25-pair cables where terminated on patch panels and DSX panels. Architect/Designer: Leo Berz (303) 692-4711 Owner: Voyant Technologies Project Start Date: First week of June 2001 Project Completion: Last week of November 2001 www.voyanttech.com City of Greeley Island Grove Project $70 000 Mike Saxton (970) 350-9889 Metrowest Communications installed a fiber optic and copper backbone for the City of Greeley's Island Grove Project. Our Technicians performed all of the outside plant boring, trenching, fiber and copper placement, terminations, fusion splicing, OTDR testing, labeling and final documentation package. Numerous midsheath fusion splices were performed on a fiber optic backbone that carried all of the police and 911 activity. The project was delivered without interruption to service. General Contractor Metrowest Communications Owner City of Greeley Project Start Date: 12-19-01 Project End Date: 3-29-02 Weld County Government QAnfi,000 + Shane Brown (970) 356-4000 Metrowest handles all of Weld County's fiber optic backbone and lateral work. Multiple projects have been performed. The main backbone as well as all laterals, testing and as-builts have been delivered. General Contractor Metrowest Communications Owner Weld County Government Project Start Date: Ongoing Assets at 1301 Courtesy Road e E ui men& Quantity hn Deere Backhoe 1 itch 1820 Trencher 1 itch 1820 Trencher 1 itch Witch Trencheru oWitchTrencher 25 Fork Lift2 Packer 1 0 Aua Vac 1 ll Rand Com ress 1 r D-24 Bore Ri 1 1999 Vermeer Directional Drill 1 1999 Vermeer Directional Drill 1 2001 Ditch Witch 2720 Bore Rig 1 2001 Ditch Witch 520 Bore Rig 2 1999 Vermeer D80 Bore Rig2 997 CAT Backhoe #1 wr0096 1 MI Load Kin 1 utler Trailer [Bi 1 Tex Trailerax Air Trailer 1 7X10 Black Trailer 1 7X10 Black Trailer/Ramp1 Fiber Fusion Splicer 1 Coax Testers 4 OTDR 2 FIBER PULLER 2 0 CD co w rn co o N o o cO o cO cn O 4 c�DO W M v N O o N O o (OO .i M cn w W m O n W U1 O 2= v\CO fn X, n w U1 O v\CCO (n ;r _ CD 3 R . • <o - a CN-JTtl O N-n O <,=v' 7m <(31 < p <<C m< ;t-o� � (D -u -� Q w WCNNCI a TI O � a crl X W m m Q 1 C007 m o _-D n C co g m Q C(D C) (CSD <mQQ O 06 x ca n n = G7 G) m olv m _r T� S. ;r, ;r Z Z Z Z T. n o ;r D D W W c0 COOO 0 c0 CD m co O Na c0 O CO OOO W ao N N O O O m O W OOO O E 01 ID m c m 0 a C Z V 3 cn 0 0 N N O O O ------------------ N O O O O --------------- O O 0 O W CO 0 O O O (0 0 0 0 O 0 0 p W 0 O 0 p O (O 0 O A 0 0 p O O � 0 m O O O � O O (n O tD m Q 0 a w ocn T 0 -, a nn„„0bXXo* 0 T 0 a 0 T 0 a 0 T1 0 a 0 0. m n a m cWn {, C-) m -i m C r= m -4 m C r= K(D T� � � m 0 m=owx o m m - CD Q n a ° a m m -1 m c - < T w 0co n nCD v w u' o c0i -1 c cr 0 x ----------------- -i A -i A;rs -I -I A -I A -I x � A -I T. -I x -1 x -1 x < Z x x N O p O .� O W O O N O O -� C0 0 O W O 0 O 4 N O O C31 co (T O W (0 m O 4 co W O -a co CT N 0 CO N (0 A N O (O O O - O .p W (0 O (0 A O cn O M O —� CO " O N -�M�om N-� N �I CDOOOOOOOCOOCOOCOO(OOCOD(0N O�� N NN -� N N N N N N N N Cn CJ1 -� CT CJ1 -aOOCOO A AX y. CD N CD �rry v CD rnm��� I (D O N --I @� (D A w -i�� CD C N m CD � N W CD �cnx=====<-Vr7-I z d O_ CD Q - v C . (1 Cj .Z1 CD p� CD 7 as N a CD Cn N CD N a CD (n (D CD 7 ao N a CD Cn CD (D 3.�41CD N a CD Cn CD CD �. C a) (D ill CD W m v �. W m v CD !y N N N (D CD fD CD m m r r r r r r r r r r r r r r r r r r r r r r W -I N (D — W ���� 2222 000 O W O ;U(n;u=2222CCCC O p A W N r A r W r N r W CD CD N W CD CD 9 d r m cn Tim Woods: Director of Operations Director of Operations: Responsible for the overall success of the project, from design, installation, testing, and acceptance. Manages engineering and deployment of the system. Interfaces daily with the customer. Manages project documentation and controls. Experience Summary Successfully designed and installed multiple types of communications infrastructure to include concrete duct - bank. fiber optic cable systems, copper cable systems, security systems, and end equipment. Mr. Woods has overseen multiple projects for various government agencies like Department of Energy, Government Services Adminstration, Corps of Engineers, the Veterans Administration as well as many state and local governments. Projects have varied in complexities and sizes, and ranging from several months in scope to several years. Current Assignment Metrowest Communications, LLC. 9/01-Present President and Director of Operations Directs Engineers including system development, project flow and implementation, and company certification and training. Daily duties include customer meetings for project updates and acceptances as well as management reports on manhour allocation and efficiencies. Apcon Network Solutions/Metrowest 5/98-9/99 President Engaged as President of Apcon Network Solutions. Responsible for Company Operations in the physical layer of the OSI model for the computer industry. Interwest Cable Network Systems (an Interwest Company) Senior Project Manager Engaged as Senior Project Manager for Interwest Cable Network Systems. Managed large contracts for the Major Projects Division of Interwest Communications, to include CAPASU at Rocky Flats. In 5/98, 1 purchased the company and renamed it Metrowest Communications. Current Clients/Custorn AT&T Broadband Services — Denver, CO Rick Shannon 303-603-6704 Sheridan School District —Sheridan, CO Jim Abrahmson 303-761-0377 Education York College — York NE EIT— Houston, TX Technical Qualifications AMP ND&I BICSI MEMBER. Tim Woods 2 Experience Relevant to Proposed Contract Assignment SADAS Project, Winnie, TX. Project Management of Security Alarm and Display Annunciation System (SADAS) for the Big Hill SPR facility in Winnie, TX. This system included Electronic Taut Wire Security Fence, Ported Coaxial Cable Intrusion Detection System, CCTV's, and the entire Security Alarm Monitoring System, concrete duct bank. AT&T Broadband Network, Denver, Colorado. Project Management of AT&T underground cable installation for broadband use and service. Over the past 3 years, the installations have consisted of campus, residential and commercial installations for a combined value of nearly $4,000,000. CAPASU Project, Rocky Flats, Colorado. Project Management of Criticality Alarm Plant Annunciation System (CAPASU) for the Rocky Flats facility in Rocky Flats, CO. This project consists of approximately 15 miles of fiber optic cable installation and testing, to include multiple Point of Presence locations in various buildings. This contract value for installation was approximately $3,600,000. Business Related References AMP, Inc. — Denver, CO Monte Gamble 303-469-3424 MFS — Denver, CO Jim Snook 303-850-2585 Shawn Kissman: System Engineer and Project Manager System Engineer: The System Engineer is responsible for the overall design of the entire communications infrastructure. He or she is responsible for the design as well as implementation from start to finish of the entire project. Experience Summary Mr. Kissman has designed diverse systems for communications networks ranging from telephony to traffic control. Media includes fiber optic cabling, coaxial networks, hybrid systems, multi -pair cables, and microwave WANs. Systems include telephone backbone (high pair counts and single -mode fibers), data networks (Category 5, 5e, 6 cables, SM and MM fibers), and CATV/MATV systems (video drops, taps, hardline, and amplifiers). He is also a Registered Communications Distribution Designer with Building Industry Consulting Services, International (BICSI), a standards organization. This standards organization rigorously tests knowledge of applicable industry standards including EIAITIA, ISO, and IEEE requirements. Worldwide there are around 5,000 RCDDs certified by BICSi. Mr. Kissman has experience in both telecommunications and data organizations. Shawn has invaluable experience in the cable plant industry from technical, engineering, and design aspects. Current Assignment 1World Services 10/01-Present Direct design and engineering efforts for Communications and Information Technology. Specify manufacturer products and design end -to -end solutions for premise wiring. Review and sign off on as -built drawings in conformance with vendor warranty requirements for RCDD approval. Perform site surveys, pre -construction meetings, and pre -proposal walkouts. Interwest Communications/Active Link Communications 4/90-9/01 Systems Engineer Performed as Systems Engineer for the Major Projects Division of Interwest Communications. Designed product solutions and developed technical responses for engineered telephone systems, data networks, campus backbones, and wide area networks. Worked on projects ranging from USAFA Buidling Interconnect Distribution System to Rocky Flats CAPASU project. Current Clients/Customers Littleton Public Schools Lowell Ensey 303-347-3447 AT&T Broadband Services Rick Shannon 303-603-6704 Education B.S. — Data Processing, Ambassador University, 1987 Core studies, Seward County Community College Technical Qualifications Registered Communications Distribution Designer #00028 Experience Relevant to Proposed Contract Assignment DIA Baggage System, Denver CO. LAN configuration and implementation as a subcontractor to Boeing Airport Equipment (BAE) for the Denver International Airport. The LAN included implementation of copper for I E N Z O O O f- rn c 'c Q z � Dul °CZ0 t d -OCO U W U E O Nui r W W ZCfp C O z ZOPO °; G U W Zma E LU cc .� ai QCL emu° a d cc Y O m 'O^ C O r a m 0 0 O J y l i `Y � Q J v S v't � W 3 d'° tT` �[� 'J LL N N W z O S h J ' W w J W N a w w H M _J W )^ LL 1 S n LLJU Shawn Kissman `a the local workstations and a fiber backbone between hubs to a fiber switch. This network included interfacing with programmable logic controllers (PLCs) into the network. Project value was approximately $350,000. Dartmouth College, Hanover, CT. Voice and Data Network design and build for Dartmouth College. Sixty four buildings were rewired with Category 5 cable for data and Category 3 cable for voice. Several buidings on the campus date back to the birth of our nation and required special design considerations to conform with National Historical Society requirements. Project value was $3,300,000. 1-25 HOV Lanes, Phase 1, State of Colorado. Designed and specified the fiber backbone for Phase 1 of the State of Colorado High Occupancy Vehicle Lanes for 1-25. The fiber backbone supports traffic information, traffic control, and Variable Message Sign (VMS) control. Project value was $1,800,000. USAFA BIDS, United States Air Force Academy. Responsible for the design of the telephone backbone replacing US West for the Air Force Acacemy. Involved zoning the campus and designing a two-tier star topology. Project value was $4,800,000. CAPASU Project, Rocky Flats, Colorado. Designed and specified Siecor products for the installation of fiber throughout the Rocky Flats campus. Involved over 4,000 fusion splices to preterminated fiber modules. Project value was $3,600,000. Business Related References AMP, Inc. — Denver, CO Monty Gamble 303-469-3424 Avaya Communications — Denver, CO Lane Hamilton 720-635-9707 John E. Yanello 4080 Independence CT Wheat Ridge, CO. 80033 Summary: Twenty years progressive experience in single/multimode fiber optic installations, inside/outside plant, engineering, design, sales, construction and management. Experience: Metrowest Communications 10/01 to present: Manager Fiber Services Fiber Optic Technologies 3/92 to 9/01 Operations Manager Fiber Optic Services MANAGEMENT • In charge of all aspects of operations throughout the central states region. • Formulate project plans and assumes responsibility for profitability • Direct and coordinate crews • Handle all problems in every phase of job. • In charge of staffing, training, terminations and interfacing with HR. • Attend all pre bid meetings and walk-through SALES • Responsible for achieving $2 million revenue budget. • Create all estimates for every project concerning fiber optic connectivity • Interface with customers, contacts, contractors and subcontractors • Interface with all city, county and state governing entities to secure permits, right of ways and occupancy rights. • Create relationships with distributors, vendors and manufacturers. • Respond to all Requests for Quotations • Create installation plans and design campus networks TECHNICAL • Outside Plant Specialist for Company • Engineering of building penetrations, duct applications and conduit routing for CLEC in downtown Denver • Interface with building management and facilities engineers • Skilled in all phases of fiber and copper placement, termination, splicing and testing • Hold several contractors licenses for ICG Fiber Optic Technologies ACCOMPLISHMENTS • Won and profitably managed initial installations to ensure future work with such companies as: Weld County Government City of Greeley Colorado College Public Service Company of Colorado (RTD Lightrail) Henderson Mine and Mill Hewlett Packard Cypress Amax Schuller International Ft Lewis State College Casper College Intel Syntex Corporation Amgen EDUCATION: 1980-1982 Vanderbilt University Major: Physical Ed. Minor: Business 1979 St. Petersburg Jr. College Business Management, Diploma 1978 University of Pittsburgh at Johnstown Darren Straight 9370 Newton Street, Westminster CO. 80031 (303) 429-5625 PROFILE • Professional, dedicated and innovative employee with solid ethics and successful work history. Recognized by co-workers and employees as industrious, intelligent, and thorough. • Strong interpersonal skills, skilled in preparing and delivering presentations and proposals from the smaller customer to the high -end corporation. • Excellent project and employee management skills: able to provide on -time quality completion of multiple tasks. • Skilled engineer and designer of a variety of phone and cabling system installations. EXPERIENCE Design Engineer, MetroWest Communications 12/01- Present • Responsible for infrastructure cable design, Scope of Work development, estimation, and job costing. • Aide in the sales process from customer development to contract acquisition. Senior Design Engineer, ActiveLink Communications 04/00- 12/01 • Responsible for designing and/or supervising the design of all infrastructure cable systems, and proposal documentation. • Supervise Project Managers in facilitating and overseeing the installation process. • Help to train sales personnel in installation practice and proposal presentation. Operations Manager, CommWorld International 08/98 - 04/00 • Manage and oversee all Service, Installation, Dispatch, Purchasing and Technical Personnel. • Trained in purchasing, negotiating, and management technique and practice. • Responsible for daily business operations, including work in progress, reconciliation, expense reports, time sheets, vendor and customer relations, accounts payable, and accounts receivable. Service Manager, ComTel Technology 02/96 - 08/98 • Manage and oversee all service and small construction accounts for various cabling systems, and small key system customers nationwide. • Responsible for hiring and maintaining ten to twenty technicians for working at as many projects daily. • Provide customer estimates, handle all service -related calls, schedule and dispatch all service and MAC work, responsible for all final job documentation and billing. EDUCATION Bachelor of Science, Business Administration 04/95, University of Arizona, Tucson, AZ. AMP ACT III certified, Cabling System Design S.T.A.R.T. safety certified, Safety in various construction atmospheres. Sturgeon Electric, Project Management Training City Contractors License Information Thomton 303538-7250 303538-7373 PUBLIC WORKS D01050797 TRENCHING 6119/02 CURRENT Yes Boulder 303-441-1982 303-441-3241 RICH LIC4990009-28 RIGHT OF WAY 1 /am CURRENT Yes Brighton 303-655-2034 203-655-2013 PUBLIC WORKS 1821 CLASS A 2/26103 CURRENT Yes Broomfield 303-438-6370 303438-6297 CAROLINE A2002-3066 CLASS A 12/31/02 CURRENT Yes Golden 303-384-8151 303-384-8161 TERRYSAUNDERS 792 CLASS G 1/24103 CURRENT Yes Louisville 303-666.6565 303-926-0730 RITA OR PAT 02404 OTHER 12/31102 CURRENT Yes Arvada 303431-3033 303-431-3969 JAMES LOI-052 MC-S11 3/13102 CURRENT YW Aurora 303-739-7420 n/a Must Take A Class Then Apply for License called and got fimft and req. Commerce City 303-285-8150 303-289-8165 BUILDING DEPT. 101450 RIGHT OF WAY 12131/02 CURRENT Yes Denver 720-865-2650 7204W&2887 PUBLIC WORKS 233171 RW-EXCVrR 12/31102 CURRENT Yes Lakewood 303-987-7567 303-987-7979 VONDA 10850 OTHER 10/29/02 CURRENT Yes Westminster 303430-2400 303-426-5857 BILL CLAYTON 62427 10CLASSA I I GO= CURRENT Yes Greeley 970-350-9832 970-350-9722 DONNA 11085 BLOONCRT 7130A02 CURRENT Y" Fort Lupton 303857-66N 303-857-0351 CHRISTINE 2002-028 CLASS 8 12/31= CURRENT Yes Northalenn 30345M762 n/a No General Contractors Licenses -Permits for Exact Locations n/a Federal Heiaft 303-423-3526 303-428-9348 TERESA 01,0059 IGENCONTRACTORI 12/31102 CURRENT Yes Superior 303499-3675 No License Required- Need Proof of Insurance need proof of insumnc WAIT Wheat Ridge 303-235-2861 KAREN 18603 CLASS B 7/20102 CURRENT Y" Greenwood Village 303486-5783 3133-773-1238 COMM DEVELOPMENT WAIT TILL NEEDED-$300 FEE Littleton 303-795-3751 303-795-3707 BUILDING DEPT. MUST TAKE A CLASS THEN GET LICENSE WAIT TILL NEEDED-$180 FEE Fort Collins 970-221-6780 970-221-6782 ENGINEERING DIV. METROWEST RIN CONTRACTOR I 10115/02 CURRENT Yes Erie 303-9262700 BUILDING DEPT. 2002-14 1 EXCAVATOR 1 12/31/02 CURRENT Yes Loveland 970-962-2000 BUILDING DEPT. Test Required- call 970-962-2502- $50 fee Left Massage STATE OF DEPARTMENT OF REGULATORY AGENCIES COLORADO OFFICE OF CERTIFICATION 9er6ena L. Collins, Director 1560 Broadway, Suite 1$50 Denver, CO 90202 Phone: 13031 094-2355 October 16, 2000 Ms. Trisha Moran NORTHERN COLORADO TRAFFIC CONTROL, INC P. 0. Box 1826 Greeley, CO 80632 Dear Ms. Moran, r.T9jqa11.V0K1 4 JZterf.,11. •' y-; i L-Dp Bill Owens Covemor A MIChael Cooke EeecUlle Director The Colorado Office of Certification is pleased to inform you that NORTHERN COLORADO TRAFFIC CONTROL, INC. bas been reviewed and deemed eligible for continued participation in the United States Department of Transportation's (U.S. DOT) Disadvantaged Business Enterprise (DBE) Certification program. This letter serves as your official certification. Your firm will be included on eligibility liars maintained by the entities seeing a programmatic need for your work specialty, and for whom this office performs convect certification services. In accordance with U.S. DOT Regulations found at 49 CFR Fart 26, your firm is certified for a period of three yeah. You will be netted each JULY, the month ctmmte» aurate with your initial carts£cation, that your certification status must be re-evaluated. The notdcadon provides instructions on, documents to submit to the Office of Certification. However, should you not receive notification from Ibis office during that month, it is your responsibility to contact us. Submittal of this information is accessary w ensure that there is no interruption in your certified status during the three• year period. For the duration of your firm's continued eligibility, business development assistance is available from the Colorado Department of Transportation (CDOT), the Regional Transportation District (RTD) and the Denver Water Board (DWB). To inquire about particular programs available through these entities, please contact them directly.. The Colorado Office of Certificationm. Department of Transportation, Regional Transportation District and Denver Water Department wish you continued success in your business endeavors. Sincerely, .77 FOR Barneua L. Collins, Director Supporting off Results far Small ausiness NORTHERN COLORADO TRAFFIC CONTROL, INC. 1712 1ST AVENUE • RO, BOX 1826 GREELEY, CO 80832 GREELEY; 970.356.8881 • METRO: 303.659-1729 • FAX: 970.356-5662 Ai ** WE ARE AN UNDERVTILT2RD DISADVANTAGED BUSINESS ENTERPRISE ** TRAFFIC CONTROL QUOTE RE: CITY OF FORT COLLINS DID N 3588 TRAFFIC OPERATIONS COMMUNICATIONS PHASE I BID DATEi 3-20-02 INCLUDES THE FOLLOWING: TCS, ONE TRUCK AND ONE SUPERVISOR FOR A 12 HOUR MAXIMUM SHIFT. SUBMITTAL OF METHODS OF HANDLING TRAFFIC TO AGENCIES , SIGNS, ARROW BOARDS, NO PARKING SIGNING, BARRICADES, CONES, DRUMS, TO WORK UP TO FOUR LOCATIONS SIMULTANEOUSLY. EXCLUDES THE FOLLOWING: SAFETY FENCING SPECIALTY SIGNS CELLULAR PHONE FOR TCS. ADDITIONAL TO ABOVE LUMP SUM- FLAGGING/LABOR SET/TEARDOWN $ 27.00 PER HOUR KgTES f -DAVIS BACON WAGES, WE LOOK FORWARD TO WORKING WITH YOU, IF YOU HAVE ANY QUESTIONS OR CONCERNS PLEASE FEEL FREE TO CALL. SENT BY: DASH COMMUNICATIONS; 3032387476; FE8-13-02 11:36AMi PAGE 1/4 Sharon Woad, President Dash Communications 10201ndspondence Street Lakewood, Colorado 80215 Dear Ms. Wood: (J.S. SMWI Uusincxa Adutiniatrution Washington, LK, 20416 81:11 2 7 ;vyP) Conslositull"On"! Your firm I'm Weil Busktaas Development (BD) Program..Yarrn ine a(99 9) Y p1tograrn tens bomllon thee date of this Louis. (SBA) 8(a Additlonelly, your few has hoer cartified as n Small Disadvantaged Business (SDH) In ilia Pederal Govaremant's SUB Proy"m_ Your term of participation is the SDD pmgrem u concurrent with your 8(e) yD cortificatbn. During participatbn in the 1(a) Bp program, you will receive bustrim development assistance Rom an assigned Business Tolepportunity Speciaiiss in the Colomdu plettict Office located at 721 10 Street, Saito 426, Oum program and its baneRis. or, Coorado 80202.2399 phone number (303) 84b26d7, The Diatrlct oltloe will also be eWe Io provide you with information on the Sb6 Your firm will become eligible to receive e(a) oontraeel &Ra you submit is business plan using SDA Form IOtOC and receive SBA's approvals bthe plan. n are sanding a copy of cilia certification latter !o the SBA Colorado District Office. That receive wilt sand you the huslness plan form. SBA requires that the President or CIIIef Executive Officer sign a Participation Agreement to show that pe or she undoretnnds the conditions of 1(a) SD program participation. Plealc read the Agro memt carefully, sign and data one copy and return it to the SBA Colorado District Office at the address shown in the third Paragraph Above. The second copy Is lb,, you, oven though your other SIC approved Primary Standathefir nl Industrial Clnasificetion (SIC) Code is $741, your firm may be awarded and r g( under ether SIC Codes, ea long as the firm is qualified to pafomt. in this rags td, pkeae mop that contraeq awarded ""derS(a)BDprogramauthoritygenerallyresultRonamarself-markeringeffortsofthe1(4)firm Waifs your twt auaeptanu into the 8(a) 8D Pregrun is nut a gummos"I of contract supportk , SBA will make every effort to provide you with asNstance In your malketing More. If yuu have not alroady done so, we strongly suggest du( you acquire aceaes to e•mall p enhartee your communication ablillia with Public and private sector buyers. Also, you should consider setting up a merchant ucnuct wflh a credit oard company which will give you the ability to accept Credit card orders for your goods and services Rom over 1,OOD pedagl buying otfwes listing busy oessea utillaetlBOA uDDliu d fl)ce to update your enrollment in PRO•Na, an SBA entire procurement 1y P private sector buyers We welcome you as en 8(a) BD program Patticlpaw and lark forward to working with you, for lent ate Al 4M DASH COMMUNICATIONS,, INC. 10201ndependence Street Lakewood, CO BQ215 1S HEREBY CERTIFIED AS A Wim � i 0 m V P On State or Fed&al Aid Projectsmft RED, mm W Mid MM UV N VALE QA7EJF Aint 5.1983 �a F COLORADO OFFICE OF CERTFFICATION No Text CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00020-1 - 00020-2 00300 Bid Form 00100-1 - 00100-9 00400 Supplements to Bid Forms 00300-1 - 00300-3 00410 Bid Bond 00400-1 00420 Statements of Bidders Qualifications 00410-1 - 00410-2 00430 Schedule of Major Subcontractors 00420-1 - 00420-3 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00500-1 00520 Agreement 0050-0 00530 Notice to Proceed 00520-1 - 00520-6 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00615 Payment Bond 00610-1 - 00610-2 00630 Certificate of Insurance 00615-1 - 00615-2 00635 Certificate of Substantial Completion 00630-1 00640 Certificate of Final Acceptance 00635-1 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 00800 Supplementary Conditions GC -Al - GC-A2 00800-1 - 00800-1 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00960 Application for Payment 00950-1 - 00950-2 00960-1 - 00960-4 FEDERAL REQUIREMENTS AFFIRMATIVE ACTION REQUIREMENTS SPECIFICATIONS t SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM Traffic Control Cable Placement 7/96 Northern Colo. Traffic Control Dash Communications Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510Notice of Award 00520Agreement 00530Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: April 8, 2002 TO: Metrowest Communications, LLC PROJECT: TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1; BID NO. 5688 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated March 20, 2002 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for TRAFFIC OPERATIONS COMMUNICATIONS PHASE l; BID NO. 5688. The Price of your Agreement is Four Hundred Sixteen Thousand Eight Hundred Five Dollars ($416,805.00). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by April 23, 2002. 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. 9/12/01 Fort Collin Zs �. O'Neill II, CPPO, FNIGP y of Purchasing and Risk Managemen Title Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 8th day of April in the year of 2002 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Metrowest Communications, LLC (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of a fiber optic communication system for the City's traffic signal system, including installation of conduit, pulling of fiber optic cable, setting of pull boxes and splicing of cable, and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by URS Corporation, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete by May 1, 2002 as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions by June 1, 2002. 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. 1) Substantial Completion: Five Hundred ($500.00) for each calendar day or fraction thereof that expires after May 1, 2002 for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Two Hundred Fifty Dollars ($250.00) for each calendar day or fraction thereof that expires after June 1, 2002 04/25/2002 10:25 3032932128 METROWEST HPk-Zb-UZ 1PAGE 01 'HU ]U113 Rn UOY/H UULLINS, MUHCHR5 H'R% NU. B7U 2c16Y0'i P,O1/OZ £aFinal Payment payment and Acceptance ment and Acceptance. Until the Work is AR'TICI ready for Final £ 4. CONTRACT PRICE 9,1. OWNER shall pay CONTRACTOR With the Contract Docuctents in cuxteht Hundred Sixteen Thousand Eight ttCurred 00300, attached and incorporated herein ARTICLE 5• PAYMENT PROCEDVRES for Performance or the funds as follows. Work in accordance ($916,B05.o0), Four pave Dollars, in accordance with Section by this reference. CONS; ene ahall submit Applications for pIIYmen[ in accordance with Article 19 of the general conditions. ENGINEER as provided in the Generaplications Condit on.. payment Will be Processed by PROGRESS PAYMENTS, OWNER shall make the Contract price on the basis of recomandsd b CONTRA Progreso payments on account of Y EDments R., once each month during co Application for Pa All progress payments will be on 9 natruction Payment as by the schedule of values established in of the as Provided below Gen and in the case of unit price Work baaedponahhepn pr6 ress o£ the work measured in accordance with the General Re uirements concerning nitePrice rwork. al nditiona r of units completed, and 5.1 Prior to substantial Cotpp1et10n, Progress pa amount a _ to the percentage indicated below, b aggregate of Pa P y payments will be in the determine,- Payments rev..ioua.l made and leas such amounts as ENGINEER shall or OWNER m withhold, in but, in each case, leas the �G eral conditions. accordance with paragraph (iC `tot the eom lcted as date O f the value of Work completed until the Was" ci ..ontracp Price, xmined by ENGINEER And if the character sand when the ratainage ua as been satisfactory to OWNER progress of the e�W`oxk have ( the bean determine that as ARd ENGINEER, OWNER on recommendation of rkGINEEA, may satisfactory to them, thars the character and r e will be no addiripnalPretainage on account of work cnmpleted in which onae the remainln ra ress of t1l* Work remain Completia:: will be in an ampuR__��_�,�___�� P grass Payments materials and a r6R_il�l) to p Prior to sub!Sa&Lal a razed and ce u& men not incOrPOrated i� Work Work ComBlated.[•'- O�.,f Para re h C`�"� n ed by documentation s (but delivered, sul- abbl_y g p 4• £ the General Conditions; atisfactory to OWNER as Provided in payment• may be included in the a PPlication for 5' Upon Substantial Co Zetian suffin en_ to incr,lAse total payments Pa�'11BRt w'�111 ttL,,,,� less such tO CONTRACTOR toy Jbe made in an amount with parag Paragraph t o GINEER shall determine or OWNER 3aa of the contract Price, f the General conditions Y withhold in Accordance or as Provided by law. `3 • FT- AL y ACCarga FAYMhNT. Upon Final completion and Acceptance of the Work in e with Paragraph 14.13 of the General Conditions, OWNER shall remainder Of the Contract price as recOMMOnded by ENGINEER as provid paragraph 14.13. PIIY the ARTICLE 6. CONTRACTOR's REPRESENTATION In Order to induce OWNER to enter is following representations: n 5 APRoti ed in said Pon -or PaM Nabs 7871 `..,.. race �. 'b�V 43 1�a 04/25/2002 10:25 3032932128 METROWEST PAGE 02 - r, u2/uz a) B'inal Acceptance: After. Substantial Completion, Two Hundred Fifty each calendar day or traction ttiereo that expires after Tune 1, 2f for. Final Pa p---.�_Golzars (�g2Sp,D0y for Payment and Acceptance until the work is read Payment and Acceptance. ARTICLE 4. CONTRACT PRICE y for Final With the C OWNER $hall pay CONTRACTOR ont.ract Documents In cUYxent, Qo Hundred Sixteen Thousand Eight Hundxed 300, attached and incorporated herein ARTICLE 5. PAYMENT PROCEDURES ftundarearm&nce of the Work in aecoxdancy Five Dallars,lin a<xor591$1805.00), Four by this refexerce, dan<,e with Section RCTO suit 1i of Ctht,coneralshall C nditlonsAppl.ioations for Payment i.n accordance with Article ENGINEER as provided in th Applications f e Genera. Conditions,or Payment will be Processed b �•1• PROGRESS PAYMENT,• OWNER 9hp11 make y the Contract Price on the basis o! cONTRACTOR�s ,y reccavnPnded progress payments on account of by ENGINEEF, Once each month duringApplication for Payment ea Ali, progress payments will be on the basis of construction as by the schedule of values I eblishee in the progress of therOvidodWork ebelow. an. in the case of Unit Price work Paragraph 2.6 of the General. Conditions in accordance with the General o_k based on the number of Requirements ooncerning unit priccompleted, and 5.1.1. Prior to rcer%tntial Completion, progress payments w' amount equal to the percentage indicated below, but, in aggregate of ill be in the determine, or OWNER smareVlaualy made and less such amounts as ENGINEeach caseERshall the General Conditionsy, 905 ofithhold, not Nord accordance elwith 9hthe 50% completed as determined by ENGINEER. when the eted Paragraph Workhasbeen Contract Price, and if the, character ratainage equals 5R of satisfactory to OWNER and progress of the Work the and ENGINEER, OWNER on zap uynendation of ENGINEER, been aatisfaetorydetermine lto them1othere will be no additionazpretelsriage ontaccoWork unt oremain completed i.n whi.ch case the remaining progress Completion will be in an amount equal to 100@ of athents torkriompleted Substantial materialsmaterials and equipment not incorporated Sn the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in of paragraph 19,2 of the General Conditions) may be included in the as provion ided or in Payment. `-' Upon sufficientent to Substantotaltial Completion payment will be made in an amount 1ncrAaSe 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,V or the General Conditions or as provided by law. 5.2- FINAL PAYMENT, Upon Final. Completion and Acceptance of the Work in accordance with parag:xaph 14.13 of the General Conditions, OWNER shall pay the ramdinder of the contract Price as recommended by F.NGINZER as provided in a4td Section 00520 Page 2 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: ($416,805.00), Four Hundred Sixteen Thousand Eight Hundred Five Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph .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 Re uirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount e ual 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. of the General Conditions. 0 of the value of Work completed until the Work has been 50 completed as determined by ENGINEER, when the retainage e uals 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 e ual to 100 of the Work completed. 0 of materials and e uipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14. of the General Conditions) may be included in the application for payment. 5.1. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 5 of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14. of the General Conditions or as provided by law. 5. . FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4Consent of Surety 7.2.5 Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered 1 through 79 inclusive with the following general title: 1-Title Sheet, 2-General Notes, 3-Summary of Quantities, 4-6-Overal Map, 7-Index to Plan Sheets, 8-72-Conduit & Fiber Optic Plan, 73-Schedule of Work Area Traffic Control Items, 74-75-Work Area Traffic Control Plans, 76-79-Details. The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OF FORT COLLINS CONTRACTOR: Metrowest Communications LLC JOHN F. SCHBACH, CITY MANAGER SECTION 00020 INVITATION TO BID JAMES(B./O'NEILL II, CPPO, FNIGP D W CTOR OF PURCHASING Date:AND RIS MANAGEMENT ` / C)Z Attest: �i� �x rer C Address for gi ing notices: P. O. Box 580 \, Fort Collins, CO 80 Approved as to Fuo�rm �/ (, Assistant City Attorney Title: C E O Date: O8APKoZ (CORPORATE SEAL) Attest:—(,' J Address for giving notices: )30_ 1 co � . ik.9 L eH,,14 (10 8Moz`? LICENSE NO.: d /s`Gommunicar OH moo°' CjpPPy�0°sp o m � * 1998 SECTION 00530 NOTICE TO PROCEED Description of Work: TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1; BID NO. 5688 To: 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 and , 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this da of 20 y CONTRACTOR By: Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615Payment Bond 00630Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. SE8922 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Metrowest Communications, LLC. (Address) 1301 Courtesy Road, Louisville, Colorado 80027 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Fidelity and Guaranty Insurance Company (Address) 385 Washington Street, St. Paul, Minnesota 55102 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Four Hundred Sixteen Thousand Eight Hundred Five and*in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. No/100-------------- (1416,805.00) THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the g day of 20Gb2, a copy of which is hereto attached and made a part I.,(., for the performance of The City of Fort Collins project, TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1; BID NO. 5668. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this y day of Q� �i r 2002. T— IN PRESENCE OF: Principal Metrowest Communications, LLC �ommun; (Title) C� * 1 9 9 8 * 1301 Courtesy Road, Louisville, Colorado 80027 (Address) (Co to Seal) 0 Other Partners IN P �+{�. �Q� yn I O (_ By: to at, V By., ZN RESENC OF: 8uratp Fi lity and Guara t nsu ' i ber y o o ey By: 385 Wash ton Street St. P 2 (Address) ✓ (Surety Seal) d!� NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. SE8922 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Metrowest Communications LLC. (Address) 1.301 Courtesy Road, Louisville Colorado 80027 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as "Principal" and (Firm) Fidelity and Guaranty Insurance Company (Address) 385 Washington Street, St. Paul, Minnesota 55102 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave. Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum o four Hundred Sixteen Thousand Eight Hundred Five and No/100-*in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, -ointly and severally, firmly by these presents. *($416,805.00) THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of A-o1r! 20j22., a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1; BID NO. 5688. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terns of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) co nterparts, each one of which shall be deemed an original, this Aly�_ day of 2 0 dr\K IN PRESENCE OF: Principal Metrowest 7Conications, LLC. By: � m Crn (Title) *I 1998 I* 1301 Courtesy Road, Louisville, Colorado 80027 (Address) Other Partners ❑pa i/ By:385 Washington Street,-&. Paul. MN ,55102. (Address) - - (Surety seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. ty and 7/96 Section 00615 Page 2 iheStPhVl POWER OF ATTORNEY Power of Attorney No. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 23108 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 1105865 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Douglas C. Baesler, Joan C. Armstrong and Kimberly D. Johnson Denver Colorado of the City of , State , [heir [rue and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and [o execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 14t11 day of January 2002 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company A '_laEry �tlrE ,M �Mt4 + W • P� c 92% �Mlal ��o e-4,i.Iy ;ssax��� a +a8a yg77 tg$t JOHN F. PHINNEY, Vice Presidem State of Maryland City of Baltimore (7 THOMAS E. HUIBREGTSE, Assistant Secretary On this 14th day of January 2002 , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. ��E FAS�Y �0 In Witness Whereof, I hereunto set my hand and official seal. m ��Ry My Commission expires the 13th day of July, 2002. r% Q �qE CitV *UA,AA44 - 4,td. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Memory Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the time and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insumnce Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. / IN TESTIMONY WHEREOF, I hereunto set my hand this Lf day of 4o2 A— i SWFry M_YSp9 / XaY1 n O e �//��, n f f a , +re' rd, ,,?In n1951® G.! � enL a SIAL%i 7W8�p 1977 g 1951 // `qp�,�r ! v:.�F .e ,! ,MO A! Thomas E. Huibregtse, Assistant Secretary To verify the authenticity of this Power of Attorney, call 1-800-421.3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above -named individuals and the details of the bond to which the power is attached. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 SECTION 00020 INVITATION TO BID Date: February 25, 2002 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 March 20, 2002, for the TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1; BID NO. 5688. I£ delivered, they are to be delivered to 215 North Mason Street, 2°tl 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 construction of a fiber optic communication system for the City's traffic signal system, including installation of conduit, Pulling of fiber optic cable, setting of pull boxes, and splicing of cable. This project is partially Federal funded and includes Davis Bacon wages. The State of Colorado Project number is ITS-M-455-094. The Disadvantaged Business Enterprise (DBE) goal for this project is 10%. Bids must include all appropriate CDOT 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 February 28, 2002. Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 215 North Mason St., 2nd floor, Fort Collins, Colorado, 80521 upon payment of a refundable fee of fifty dollars ($50.00) per set. No partial sets will be issued. The Contract Documents and Construction Drawings may be examined at: 1. City of Fort Collins, Purchasing Division. 2. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado. 3. CMD Denver Plan Room, 9250 E Costilla Ave, STE 400, Englewood, CO 4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 5. The Plan Room, 2176 South Jasmine St. Door "E"/Suite 219, Denver, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m. on March 6, 2002 at Streets Facility, 625 Ninth Street, Fort Collins, in the Training Room. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. 07/2001 Section 00020 Page 1 Client 44074 ACORQ.. CERTIFICATE OF PRODUCER Van Gilder Insurance Corp.7FCERT'F'CAkTE 700 Broadway, Suite 1000 Denver, CO 80203 LIABILITY ME'fuOM INSURANCE °A��^�°°�Y) 04 / 0 9 / 02 IS ISSUED AS A MATTER OF INFORMATION AND CONFERS NO RIGHTS UPON THE CERTIFICATE ER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR R THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 303 837-8500 INSUflED Metrowest Communications LLC 3101 East 52nd Avenue, Suite E Denver, CO 80216 A: St. Paul Insurance Co B: pinnac01 Assurance INSURER C: INSURER D: COVERAGES NSURER E 42/7 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X BI/D Ded.2 50� OCCUR p0 POLICY NUMBER TE08301601 POLICY EFFECTIVE D TE MM/DD/YY 10/15/01 POLICY EXPIRATION I D M D/ 10/15/02 LIMITS EACH OCCURRENCE $1 000 000 FIRE DAMAGE (Any one lire) $1 000 000 MED EXP (Any one Person) $10 000 PERSONAL& ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 GEN'LAGGRE7 PRO- I7APPLIE3PER: LIM POLICY PR JFCT LOC PRODUCTS -COMP/OPAGG $2 000 000 A AUTOMOBILE X LIABILITY ANY AUTO TE08301601 10/15/01 10/15/02 COMBINED SINGLE LIMIT (Ea accident) $1, 000, 000 ALL OWNED AUTOS X BODILY INJURY (Perpemon) $ SCHEDULED AUTOS HIRED AUTOS X NON -OWNED AUTOS INJURYWNED (Per accident) $ PROPERTY DAMAGE (Per accident) $ A GARAGE LIABILITY MY AUTO EXCESS LIABILITY X OCCUR El CLAIMS MADE TE08301601 11/20/01 10/15/02 AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG EACH OCCURRENCE $ $ $1 000 000 AGGREGATE $1 000 000 $ DEDUCTIBLE X RETENTION $lOOOO B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4048933 09/26/01 09/26/02 X WCWATU- OTH- $ E.L. EACH ACCIDENT $500 000 E.L. DISEASE - EA EMPLOYEE $500 000 E. L. DISEASE -POLICY LIMIT $500 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATF mm nFG .,...,,....,.. .....,..,___..._..___._—_ __..__.. -_.__ City of Fort Collins/CDOT 215 N. Mason Fort Collins, CO 80524 E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3.0_ DAYS WRITTEN NOTCETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAILURE TODOSOSHALL IMPOSE NO OBLIGATON OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR T 1'71 ° AUTHORIZED RMT O iFT:T:I SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1; BID NO. 5688 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR By. AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substan- tially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security , and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: 7/96 AUTHORIZED REPRESENTATIVE DATE Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: , 20 You are hereby notified that on the day of Fort Collins, Colorado, has accepted the Work completed by 20the City of for the City o OPERATIONS COMMUNICATIONS PHASE 1; BID NO. 5688Fort Collins project, TRAFFIC A check is attached hereto in the amount of $ - ast for all Work done, subject to the terms of the Contract Documentslnal which aare ndated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1; BID NO. 5688 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above 7/96 Section 00650 Page 1 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 CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 by Witness my hand and official seal. My Commission Expires: 20 day of Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1; BID NO. 5688 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Sure on bond of _hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) ATTACH: Power of Attorney and Certificate of Authority of Attorney (s) -in- Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(M) A vv RUI WMI It IN hill bFAUE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials forthe exempt project described below. This exemption does not include orapply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a 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. RegistratiorVAccount No. (to be assigned by D0R) Period 89 - 0170-750 (sss) $0.00 OEM.J � ... 4'yr,�T'.�M,"i,'iyY.� 'd *" 'v['NypVwd�p Y" 3. T (• �r" N Q�' SY4.a`: Jr,'S'� 'A ��^ �, ..., .#1 .. a T Trade name/OBA: - a,F.. t R rTy'111 .d/ur .[ry ^% &`k.: ,}fir .I I, Ulmer, Partner, or corporate name: Mailing address (City, State, Zip). contact Person - E•Mail address: Federal Employers Identification Number. Bid amount for your conhact: Fax number. Business telephone number. Colgrado withholding tax account number. � `.. `Name Q $o ar,'. eY �. 4lR9f+9R� a .:. • -- of exe t organization as shown on contract): )• Exempt organizations number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: ;•;r"4, ItIjlw^+� +/�r,x I {jI I�{t.� 8i `J" '�+�A ki, 6's. E" .�,,HM:S yl 36di 71, >T 1�'�Zx [+� f(yq' I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer. Title of corporate officer. Date: mn xi^T ix,. !! w . '.. r .•ne r= oeLv vv 1 nrs La1Ve SECTION 00700 GENERAL CONDITIONS GENERAL, CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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 07/2001 City of Fort Collins By Jam s B. O'Neill, II, CPPO, F GP ur ha in Management Director Section 00020 Page 2 Article or Paragraph Number & Title DEFINITIONS TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title .1 Addenda.............................................1 1.2 Agreement..........................................1 1.3 Application for Payment ............... 1 1.4 Asbestos ....................... 1 1.5 ....................... Bid....................................................1 1.6 Bidding Documents..............................1. 1.7 Bidding Requirements .................. l 1.8 Bonds ........................ 1.9 Change Order......................................1 1.10 Contract Documents ................ 1 1.11 Contract Price,,,,.,,,,. 1.12 Contract Times....................................1 1.13 CONTRACTOR..................................1 1.14 defective.............................................1 1.15 Drawings............................................1 1.16 Effective Date of the Agreement,,........1 1.17 ENGINEER........................................I 1.18 ENGINEER's Consultant .............„ 1 1.19 Field Order 1 1.20 General Requirements,,,__._,.,._ ..._2 1.21 Hazardous Waste ................................ 2 1.22.a Laws and Regulations; Laws or Regulations......................................2 1.22.b Legal Holidays ..................................... 1.23 Liens..................................................2 1.24 Milestone.,,..,,,. 2 1.25 Notice of Awazd.................................. 2 1.26 Notice to Proceed.................................2 1.27 OWNER.............................................2 1.28 Partial Utilization ............................... 2 1.29 PCBs ................................. 1.30 Petroleum...........................................2 1.31 Project................................................2 1.32.a Radioactive Material ............................2 1.32.b Regular Working Hours.......................2 1.33 Resident Project Representative....._.,,.._2 1.34 Samples..............................................2 1.35 Shop Drawings...................................2 1.36 Specifications.....................................2 1.37 Subcontractor.....................................2 1.38 Substantial Completion ................... 2 1.39 Supplementary Conditions,,,,. 2 1.40 Supplier,,..,,,.. 1.41 Underground Facilities,,,,,,,,,,,,,,,,, 2-3 1.42 Unit Price Work,,,,,,,,,,,,,,,,,,,, 3 1.43 Work.................................................3 1.44 Work Change Directive.,,,,_..„..............3 1.45 Written Amendment...........................1 It Page Number 2. PRELIMINARY MATTERS ............... 3 2.1 Delivery of Bonds .................... 3 2.2 Copies of Documents,,,,,,,,,,,,,,,,,,,, 3 2.3 Commencement of Contract Times; Notice to Proceed, 3 2.4 Starting the Work ..... 2.5-2.7 Before Starting Construstruction;...............3 CONTRACTOR's Responsibility to Report; Preliminary Schedtles; Delivery of Certificates of Insurance,.,, ............................. 3-4 2.8 Preconstmction Conferenc@ 2.9 .............. Initially Acceptable Schedules 4 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .......................................... 4 3.1-3.2 Intent ............................................. 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ............................... 4-5 3.4 Intent of Certain Terms or Adjectives,,,, .. ............................ 5 3.5 A mending Contract Documents5 3.6 Supplementing Contract Documents,.,., 5 3.7 Reuse of Documents„ ................... .� 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.........................................5 4.1 Availability of Lands ............. 5-6 4.2 Subsurface and Physical Conditions .................................. 6 4.2.1 Reports and Drawings,,.,,, 6 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data .... ............................. 6 4.2.3 . Notice of Differing Subsurface or Physical Conditions,,,,,,,,,,,,,,,,, 6 4.2.4 ENGINEER's Review,,,,. 6 4.2.5 Possible Contract Documents Change....................................... 6 4.2.6 Possible Price and Times Adjustments,,, 6-7 .................... 4.3 Physical Conditions --Underground Facilities,. , ................................... 7 4.3.1 Shown or Indicated ............... 7 4.3.2 Not Shown or Indicated,.,....,,, 7 4.4 Reference Points,...,....,.. .................... 7 E1CDC 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 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures; CON - Hazardous Waste or TRACTOR'S Review Prior Radioactive Material....................7-8 to Shop Drawing or Sample Submittal....................................16 - 5. BONDS AND INSURANCE ................................. 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 Bonds 6.27 Responsibility for Variations - 5.3 ............................................... Licensed Sureties and Insurers; From Contract Documents ............ 17 Certificates of Insurance ....................$ 6.28 Related Work Performed Prior 5.4 CONTRACTOR'S Liability to ENGINEER's Review and Insurance Approval of Required - 5.5 .........................................9 OWNER's Liability Insurance ............... Submittals ................................... 17 5.6 Property Insurance ..........................9- 10 6.29 Continuing g the Work.....................17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General - tional Property Insurance..................10 Warranty and Guarantee, ........ .,..,17 5.8 Notice of Cancellation Prodsion......... 10 6.31-6.33 Indemnification .........................17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations ...................18 for Deductible Amounts ................... 10 - 5.10 Other Special Insurance,,,,,,,,,,,,,,,,,,,,, 10 7. OTHER WORK,.,,,,,,,,.......................................18 5.11 Waiver of Rights ............................... 11 7.1-7.3 Related Work at Site ....................... 18 5.12-5.13 Receipt and Application of 7.4 Coordinatio.................................. 18 _ Insurance Proceeds 5.14 .....................10-11 Acceptance of Bonds and Insu- 8. OWNER'S RESPONSIBILITIES .........................18 _- ance; Option to Replace...................11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR.................................18 - Insurance........................................11 8.2 Replacement of ENGINEER ,........... 18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ...............11 When Due .................................. 18 6.1-6.2 Supervision and Superintendencq,,,,,..11 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment,,, I1-12 and Tests...............................18-19 6.6 Progress Schedule..............................12 8.5 Insurance ....................................... 19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders„ .............................19 .. CONTRACTORS Expense; 8.7 Inspections, Tests and Substitute Construction Approvals...................................19 - Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER'S Evaluation ............. 12-13 Terminate CONTRACTOR's " 6.8-6.11 Concerning Subcontractors, Services......................................19 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights .........................13-14 Responsibilities, ........................... 19 - 6.12 Patent Fees and Royalties...................14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits.............................................14 Hazardous Waste or 6.14 Laws and Regulations ........................14 Radioactive Material .................... 19 6.15 Taxes ..... ............... ...... ........ 14-15 8.11 Evidence of Financial 6.16 ......... Use of Premises ................................. 15 Arrangements .............................. 19 ... 6.17 Site Cleanlines@................................ 15 6.18 Safe Structural Loading.....................15 9. ENGINEER'S STATUS DURING - 6.19 Record Documents .............................15 CONSTRUCTION .............................................. 19 6.20 Safety and Protection ....................15-16 9.1 OWNERs Representative..,,,,.,,...... 19 - 6.21 Safety Representative .........................16 9.2 Visits to Site .................................. 19 6.22 Hazard Communication Program$ ...... 16 9.3 Project Representative ...............19-21 6.23 Emergencies.....................................16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Samples..............16 tations......................................... 21 9.5 Authorized Variations in Wrk ........ 1 WCDC GENERAL CONDITIONS 1910-5 (1990 EDITION) fii w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title Page Article or Paragraph Page Number Number &Title Number 9.6 9.7-9.9 Rejecting Defective Work.,,.. ,,,..••.._ Shop Drawings, Change Orders 21 13.8-13.9 Uncovering Work at ENGI- 9.10 and Payments.................................... NEER's Request,,.... ...............27-28 13.10 OWNER May Stop the Work 9.11-9.12 Determinations for Unit Price$,,,,,_ ic..211 Decisions on Disputes; ENGI- 21-22 ,.......... 13.11 Correction or Removal of 28 9.13 NEER as Initial Interpreter ............. p 22 Defective Work.,,,,._„_... 13.12 Correction Period,,.,.... 28 Limitations on ENGINEER'S Authority and Responsibilitie$ 2-23 13.13 Acceptance ofDefecttve Work,., 28 28 ..... 13.14 OWNER May Correct Defective CHANGES IN THE WORK ................................ 23 Work ..................................... 28-29 10.1 10.2 OWNER'S Ordered Change................z3 14. PAYMENTS TO CONTRACTOR AND 10.3 Claim for Adjustment,_, ...................... 23 COMPLETION................................................. Work Not Required by Contract29 14.1 Schedule of Values 10.4 Documents,,........... Change Orderg.................................. 23 .............• 14 2 Application for Progress 2g 10.5 Notification of Surety .................... 23 Payment....... 14.3 CONTRACTOR's Warranty of 29 CHANGE OF CONTRACT PRICE Title ......................29 ...... ..ns 11.1-11.3 .............................23 Contract Price; Claim for 14.4-14.7 Review..of Applicatio........... for Adjustment; Value of Progress Payments ................. 14.8-14.9 Substantial Completion,,,.. 29-30 11.4 the Work,_,,.._,,..•.• ................... Cost of the Work,..,,, 23-24 14.10 Partial Utilization "*.• ........ • 30 30-31 11.5 ,••.,.•• ..........24-25 Exclusions to Cost of the Wor k 25 14.11 Final Ins ectio p �1 —...........•31 14.12 11.6 CONTRACTOR'S Fee •• $5 Final Application for Payment..._....31 .............•• 25-26 14.13-14.14 Final Payment and Acceptance„..„.31 11.8 Cash Allowances.................••........•...26 ............................... 14.15 Waiver of Claims..........•.___.....•.31-32 11.9 Unit Price Work 26 15. SUSPENSION OF WORK AND CHANGE OF CONTRACT TIMES TERMINATION 12.1 „ ••.. • ..............26 Claim for Adjustment 26 26 15.1 OWNER May Suspend Work .......... 32 12.2 Time of the Essence.,.,,,,. 26 15.2-15.4 OWNER May Terminate.,.,_..,,,.••• 32 12.3 Delays Beyond CONTRACTOR'S 15.5 CONTRACTOR May Stop Control.. ............................... 26-27 Work or Terminate,,....,..• 32-33 12.4 Delays Beyond OWNER's and 16. DISPUTE RESOLUTION CONTRACTOR'S Control................27 .................................. 33 TESTS AND INSPECTIONS; CORRECTION, 17. MISCELLANEOUS 33 REMOVAL OR ACCEPTANCE OF 17.1 Giving Notice„•............................ 33 DEFECTIVE WORK.,,... 17.2 Computation of Times 33 13.1 Notice of Defects„_...,,...• 27 27 .................... 17.3 Notice of Claim.......... 33 13.2 Access to the Workn.s-.,._..,....• 27 17.4 Cumulative Remedies,., ..................33 13.3 Tests and Inspections; 17.5 Professional Fees and Court CONTRACTOR'S Cooperation p 27 Costs Included,,,, 17.6 33 13.4 OWNER's Responsibilities; Applicable State Laws._,,.. ......... Intentionally left blank.,,,..,_.••, 33-34 Independent Testing Laboratory,.,.., 27 35 13.5 CONTRACTOR'S EXHIBIT GC -A: (Optional) 13.6-13.7 Responsibilities............................... Covering Work Prior to Ins ec- 27 Dispute Resolution Agreement GC -Al ...................... lion, Testing or Approval, ................ 27 16.1-16.6 Arbitration GC ..................•••..•....• 16.7 Mediation -Al ............................... GC -Al iv WE GENERAL CONDITIONS 1910-8 (1990 EDrrION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance........................................5.14 defective Work............................10.4.1, 13.5, 13.13 final payment ........................................ 9.12, 14.15 insurance.........................................................5..14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Item*......................6.7.1 Work by OWNER..............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities ............................................. 4.1 site, related Work .............................................. 7.2 Work...........................................13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR...................................6.9.1, 9.13.3 ENGINEER..........................................6.20, 9.13.3 OWNER....................................................6.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insuranceg................................. 5.7 Adjustments -- Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, .............................4.5.3, 9.4, 9.5, 10.2-10.4, ......................................... 11, 12, 14.8, 15.1 progress schedule .............................................. 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insurance, policy form, Allowances, Cash....................................................11.8 Amending Contract Documentq................................ 3.5 Amendment, Written -- in general................3.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ,C,>.8.2, 6.19, 10.1, 10.4, 11.2 ....................................12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of......................................................1.3 ENGINEER's Responsibility ............................... 9.9 final payment,,,,,,,,,,,,,,,,, 9.13.4, 9.13.5, 14.12-14.15 in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment.....................................14.1-14.7 review of.................................................114.4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant theretq.......................... .4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of.......................................................1.4 Article or Paragraph Number OWNER responsibility for ............................. 4.5.1, 8.10 possible price and times change ....................... 4.5.2 Authorized Variations in Work,,..,,,., 3.6, 6.25, 6.27, 9.5 Availability of Lands ......................................... 4.1, 8.4 Award, Notice of --defined ......................................1.25 Before Starting Construction..............................2.5-2.8 Bid --definition of ........................1.5 (1.1, 1.10, 2.3, 3.3, ,,,,,,,,,,,,,, 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition Of...................................................1.6 (6.8.2) Bidding Requirements --definition Of ...................................I......1.7 (1.1, 4.2.6.2) Bonds -- acceptance of....................................................5.14 additional bonds..................................10.5, 11.4.5.9 Cost of the Work............................................11.5.4 definition of.......................................................1.8 delivery of...................................................2.1, 5.1 final Application for Payment ................14.12-14.14 general......................................1.10, 5.1-5.3, 5.13, ........................................9.13, 10.5, 14.7.6 Performance, Payment and Othel...................5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form .........................5.6.2 Cancellation Provisions, Insurance,,,,,.,, 5.4.11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion ........ 1.38, 6.30.2.3, 14.10 ..................................................14.8, Certificates of Inspection ...................P.13.4, 13.5, 14.12 Certificates of Insurance.............2.7, 5.3, 5.4.11, 5.4.13, .......................5.6.5, 5.8, 5.14, 9,13.4, 14.12 Change in Contract Price -- Cash Allowances..............................................11.8 claim for price adjustment....,....... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, .... 13.13,13.14,14.7,15.1,15.5 CONTRACTOR's fee.........................................11.6 Cost of the Work general...............................................11.4-11.7 Exclusions to..............................................11.5 Cost Records.....................................................11.7 in general.............1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 Notification of Surety........................................10.5 Scope of....................................................10.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EICDC GENERAL CONDITIONS 1910-5 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) �' Unit Price Work..........................................11.9 Article or Paragraph Number Valueof Work ........................... I......................11.3 Change in Contract Times-- Claim for times adjustment ........ 4.1, 4.2.6, 4.5, 5.15, ............ 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, ............... 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits.....................................12.2 Delays beyond CONTRACTOR's control.......................................................12.3 Delays beyond OWNER's and CONTRACTOR's control ..............„ 12.4 Notification of surety.........................................10.5 Scope of change........................................10.3-10.4 Change Orders -- Acceptance OfDefective Work .............. 13.13 Amending Contract Document$...,,..,,, 3.5 Cash Allowances ................. ............. 8 Change of Contract Price .....................................I ........11 I Change of Contract Times...................................12 Changes in the Work..........................................10 CONTRACTOR's fee........................................11.6 Cost of the Work.......................................11.4-11.7 Cost Records....................................................11.7 definition of.......................................................1.9 emergencies,..,,, .............................................. { 23 ENGINEER'S responsibility ....... 9.8, 10.4, 11.2, 12.1 execution of ...................................................... 10.4 Indemnifiction ..............6.12, ........... 6.16, 6.31-6.33 Insurance, Bonds and .................... 5.10, 5.13, 10.5 OWNER may terminate..,,,,.,. 4 .....15.2-15.4 OWNER's Responsibility ............................... $•6, 10.4 Physical Conditions -- Subsurface and ....................... 4......................4.2 Underground Facilities--„ ..........................4.3.2 Record Documents...........................................6.19 Scope of Chang@.......................................10.3-10.4 Substitutes.............................................6.7.3, 6.8.2 Unit Price Work...............................................11.9 value of Work, covered by ................................. 11.3 Changes in the Work, ............................ 4 ................... J0 Notification of surety. . ...................................... 10.5 OWNER's and CONTRACTOR's responsibilities............................................10.4 Right to an adjustment......................................10.2 Scope of change ... ..................................... 10.3-10A Claims -- against CONTRACTOR.. ....................... .......... 6.16 against ENGINEER ....................... 4................. 6.32 againstOWNER..............................................0.32 Change of Contract Prick.,,,.,_..,.„.._„..._ 9.4, 11.2 Change of Contract Times .................. . 9.4, 12.1 CONTRACTOR's............ 44, 7.1, 9.4, 9.5, 9.11, 10.2, ...........................11.2, 11.9, 12.1, 13.9, 14.8, ............................................15.1, 15.5, 17.3 CONTRACTOR's Fee.......................................11.6 Article or Paragraph Number CONTRACTOR's liability ,..,,,,..„5.4, 6.12, 6.16, 6.31 Cost of the Work... * ... * ..... ork............. ........... 11.4, 11.5 Decisions on Disputes ............................... 9.11, 9.12 Dispute Resolution,,,,. Dispute Resolution Agreement ...................16.1-16.6 ..._....16.1 ENGINEER as initial interpretok................... 9.11 Lump Sum Pricing.........................................11.3.2 Notice of ......................................................... OWNER'S .................. 9.4, 9.5, 9.11, „17.3 10.2, 11.2, 11.9 12 1 130 13 ......... . I . , .13,13.14,17. OWNER'S liability .............................................. 5. OWNER may refuse to make Payment ,,,,,,,,,,,,,,,„14. Professional Fees and Court Costs Included......................................................17.5 request for formal decision oq................. 9.11 Substitute Items.............................................6.7.1.2 Time Extension ............................... ................ Time requirements ................................... ..12.1 9.11, 12.1 Unit Price Work.................................... .........11.9.3 Value of ............. ... .........................................11.3 .. Waiver of --on Final Payment ............... 14.14, 14.15 Work Change Directive.,.._.., .................. ..,,_,..... 10.2 written notice required ......................9.11, 11.2, 12.1 Clarifications and Interpretation$,,,..,,,,,., 3.6.3, 9.4, 9.11 Clean Site ............................................. 0..17 Codes of Technical Society, Organization or Association..............................................3.3.3 .. Commencement of Contract Times ................ 23 Communications-- general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs,,,,,,,,,,,,,,,, 6.22 Completion-- Final Application for Payment ..........................14.12 Final Inspection...........:..................................14.11 Final Payment and Acceptance„.............14.13-14.14 Partial Utilization...........................................14.10 Substantial Completion ............. 1.38, 14.8-14.9 Waiver of Claims,,,,._._. ...................... 14.15 Computation of Times...............................17.2.1-17.2.2 ....... Concerning Subcontractors, Suppliers and Others ................................................. 6.8-6.11 Conferences-- initially acceptable schedules,,,,,,,,,,,,, 2.9 preconstruction.................................................. 2.8 Conflict, Error, Ambiguity, Discrepancy-- CONTRACTOR to Report ..........................2.5, 3.3.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery, Equipment, etc................... .4 Continuing the Work_,,,._..,,_ ........................... .29, 10.4 Contract Documents-- Amending..........................................................3.5 Bonds ............... 51 3 5 7 VI............................................... . EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Cash Allowances..............................................11.8 Stop Work requirements .................................. 4.5.2 - CONTRACTOR's8 Article or Paragraph - Number Article or Paragraph Number Change of Contract Price .................................... I I Change of Contract Times...................................12 Compensation. ........................................... 11.1-11.2 Changes in the Work................................10.4-10.5 Continuing Obligation ..................................... 14.15 check and verify.................................................2.5 Defective Work............................... 9.6, 13.10-13.14 Clarifications and Duty to correct defective Work ..........................13.11 _ Interpretations .........................3.2, 3.6, 9.4, 9.11 Duty to Report -- definition of.....................................................1.10 Changes in the Work caused by ENGINEER as initial interpreter of...................9.11 Emergency..........,................................ 6.23 ENGINEER as OWNER'S representative..............9.1 Defects in Work of Others .............................. .•3 - genera13 Differing conditions...................................4.2.3 Insurance...........................................................5.3 Discrepancy in Documents ........ 2.5, 3.3.2, 6.14.2 Intent Underground Facilities not indicated..,.,..... 4.3.2 ........................................................3.1-3.4 minor variations in the Work.............................3.6 Emergencies ..................................................... 6.23 OWNER'S responsibility to furnish data .............. 8.3 Equipment and Machinery Rental, Cost OWNER's responsibility to make of the Work...........................................11.4.5.3 prompt payment .......................... $.3, 14.4, 14.13 Fee --Cost Plus .......................... 11.4.5.6, 11.5.1, 11.6 precedence, ............................................... 3.1,3.3.3 General Warranty and Guarante@....................... 0.30 Record Documents............................................0.19 Hazard Communication Programs ...................... 0.22 Reference to Standards and Specifications Indemnification ........................6.12, 6.16, 6.31-6.33 of Technical Societies....................................3.3 Inspection of the Work ............................... 7.3, 13.4 Related Work Labor, Materials and Equipment .................... 0.3-6.5 .....................................................7.2 Reporting and Resolving Discrepancies,,......2.5, 3.3 Laws and Regulations, Compliance by ............. 6.14.1 Reuseof Liability Insurance .............................................. 5.4 ............................................................3.7 Supplementing..................................................3•6 Notice of Intent to Appeal ......................... 9.10, 10.4 Termination of ENGINEER'S Employment .......... 8.2 obligation to perform and complete Unit Price Work...............................................11.9 the Work .................................................... 0.30 - variations .......................................... 3.6, 6.23, 6.27 Patent Fees and Royalties, paid for by. ................ 6.12 Visits to Site, ENGINEER's................................ 9.2 Performance and Other Bonds ,............................ 5.1 r Contract Price-- Permits, obtained and paid for by.......................0.13 adjustment of ............... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Progress Schedule ........................... 2.6, 2.8, 2.9, 6.6, Changeof..........................................................I I ........................................ 6.29, 10.4, 15.2.1 Decision on Disputes........................................9.11 Request for formal decisionon disputes .............. 9.11 definition of.....................................................1.11 Responsibilities -- Contract Times-- Changes in the Work ............... ........... ........10.1 adjustment of ..........................3.5, 4.1, 9.4, 10.3, 12 Concerning Subcontractors, Suppliers Change of................................................12.1-12.4 and Others ...................................... 6.8-6.11 Commencement of 2.3 Continuing the Work .......................... 0.29, 10.4 , ............................................ definition of....................................................1.12 CONTRACTOR's expense ........................... 6.7.1 CONTRACTOR-- CONTRACTOR's General Warranty Acceptance of Insurance ................................... 5.14 and Guarantee...................................... 6.30 Communications ...................................... 6.2, 6.9.2 CONTRACTOR!s review prior to Shop Continue Work........................................6.29, 10.4 Drawing or Sample Submittal ................ 6.25 coordination and scheduling............................k.9.2 Coordination of Work ................................ 6.9.2 definition of....................................................1.13 Emergencies ....................................... ........6.23 Limited Reliance on Technical ENGINEER's evaluation, Substitutes Data Authorized or "Or -Equal" Items .............................. 0.7.3 -- .........................................4.2.2 May Stop Work or Terminate............................15.5 For Acts and Omissions provide site access to otherA ........................7.2, 13.2 of Others ............................. 0.9.1-6.9.2, 9.13 Safety and Protection ...................4.3.1.2, 6.16, 6.18, for deductible amounts,insurance................... 5.9 7.2, 13.2 general ........................................ 0, 7.2, 7.3, 8.9 ......................................6.21-6.23, Shop Drawing and Sample Review Hazardous Communication Programs,,..,,,... 6.22 Prior to Submittal.......................................0.25 Indemnification ................................... 6.31-6.33 hi EICDC GENERAL CONDITIONS 1910.8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) r Labor, Materials and Equipment..............0.3-6.5 Laws and Regulations..................................6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 Patent Fees and Royalties ............................. .12 Permits.......................................................0.13 Progress Schedule ......................................... 6.6 Record Documents ..................................... 6.19 related Work performed prior to ENGINEER's approval of required submittals.............................................0.28 safe structural loading.................................6.18 Safety and Protection ..................... .20, 7.2, 13.2 Safety Representative................................... 6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples ........................6.24 Shop Drawings and Samples Review by ENGINEER ..................................... 6.26 Site Cleanliness .......................................... 6.17 Submittal Procedures...................................6.25 Substitute Construction Methods and Procedures.....................................6.7.2 Substitutes and "Or -Equal" Items............ 6.7.1 Superintendence ........................................... 6.2 Supervision...................................................6.1 Survival of Obligations ................... 6.34 Taxes .......................... 6.15 Tests and Inspections ...................... 13.5 To Report .................... ............ .................... 2.5 Use of Premises„ ....... . .........6.16-6.18, , 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim ........... 4, 7.1, 9.4, 9.5, 9.11, 10.2,11.2, .......... 11.9,12.1,13.9,14.8,15.1,15.5,17.3 Safety and Protection....* ............. 6.20-6.22, 7.2, 13.2 Safety Representative ................... 6 21 Shop Drawings and Samples Submittals ..... 6.24-6.28 Special Consultants ...................... 11.4.4 Substitute Construction Methods and Procedure$„6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others .......... 6.8-6.11 Supervision and Superintendence ......... 6.1, 6.2, 6.21 Taxes, Payment by ...................... Use of Premises ........................................ 6.16-6.18 Warranties and guarantees ...................... 6.5, 6.30 Warranty of Title,. Written Notice Required-- ...14.3 CONTRACTOR stop Work or terminate ........ 15.5 Reports of Differing Subsurface and Physical Conditions,,,,,,,,,,,,,,, 4.2.3 Substantial Completion....... ......................... 14.8 CONTRACTORS--other...............................................7 Contractual Liability Insurance..............................5.4.10 Contractual Time Limits,,,_.,...., 12.2 Article or Paragraph Number Coordination_ CONTRACTOR's responsibility ............. 6.9.2 Copies of Documents .............. Correction Period..................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general...................................10.4.1, 13.10-13.14 Acceptance ofDefective Work ............. 13.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period............................................13.12 OWNER May Correct Defective Work .............. J3.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections ............. 13.4 Recordsll.7 Cost of the Work -- Bonds and insurance, additional.......__, , 11.4.5.9 Cash Discounts...............................................11.4.2 CONTRACTOR' Fee.......................................11.6 Employee Expenses......................................11.4.5.1 Exclusions to .................................................... i 1.5 General 11.4-11.5 Home office and overhead expenses,...,,,...., 11.5 Losses and damages ............. 11.4.5.6 Materials and equipment ................................. 11.4.2 Minor expenses ........................................... 11.4.5.8 Payroll costs on changes ............... 11.4.1 performed by Subcontractors.. ........... 11.4.3 Recordsll.7 Rentals Of construction equipment and machinery ...................................... 11.4.5.3 Royalty payments, permits and license fees............................................11.4.5.5 Site office and temporary facilities ............. 11.4.5.2 Special Consultants, CONTRACTOR's........ 11.4.4 Supplemental.................................................11.4.5 Taxes related to the Work,,...,,,.., 11.4.5.4 Tests and Inspection......... ............................ ..._.13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilitie$...............11.4.5.7 Work after regular hours ................................. 11.4.1 Covering Work ... ........ .................... ................ 13.6-13.7 Cumulative Remedies......................................17.4-17.5 Cutting, fitting and patching ................. 7.2 Data, to be furnished by OWNER Day --definition of................................................17.2.2 Decisions on Disputes ................ . 9.11, 9.12 defective --definition of ........................................... .............................. 1 14 defective Work -- Acceptance of......................................10.4.1, 13.13 FJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Correction or Removal of .....................JO.4.1, 13.11 Correction Period............................................J3.12 in general.........................................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work.................................13.10 Prompt Notice of Defects...................................13.1 Rejecting...........................................................9.6 Uncovering the Work.......................................13.8 Definitions................................................................ I Delays......................................4.1, 6.29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance ............................2.7 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions -- Noticeof........................................................4.2.3 ENGINEER's Review......................................4.2.4 Possible Contract Documents Change .............. 4.2.5 Possible Price and Times Adjustments,,,,,,,,,,,,, 4.2.6 Discrepancies -Reporting and Resolving...............................2.5, 3.3.2, 6.14.2 Dispute Resolution -- Agreement ............................................... 16.1-16.6 Arbitration................................................16.1-16.5 genera116 Mediation........................................................ 16.6 Dispute Resolution Agreement.........................1.6.1-16.6 Disputes, Decisions by ENGINEER .................. 9.11-9.12 Documents -- Copiesof...........................................................2.2 Record 6.19 Reuseof.............................................................3.7 Drawings --definition of..........................................1.15 Easements.............................................................4.1 Effective date of Agreement -- definition gf.............1.16 Emergencies...........................................................0..23 ENGINEER -- as initial interpreter on disputes .................9.11-9.12 definitionof.....................................................1.17 Limitations on authority and responsibilities,,,,,9.13 Replacement of .................................................. 8.2 Resident Project Representative ...........................93 ENGINEER's Consultant -- definition of..................1.18 ENGINEER's-- authority and responsibility, limitations on ........ 9.13 Authorized Variations in the Worll.....................9.5 Change Orders, responsibility for..,..,, 9.7, 10, 11, 12 Clarifications and Interpretations ..............3.6.3, 9.4 Decisions on Disputes .............................. 9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Items ..........................k•73 Liability...................................................6.32, 9.12 Notice Work is Acceptable..............................14.13 Observations...........................................6.30.2, 9.2 OWNER's Representative....................................9.1 Payments to the CONTRACTOR, Responsibility for.....................................9.9, 14 Recommendation of Payment ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations oil.................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions.............................4.2.4 Shop Drawings and Samples, review responsibility .............................................. 6.26 Status During Construction -- authorized variations in the Work..................9.5 Clarifications and Interpretations ..................9.4 Decisions on Disputes..........................9.11-9.12 Determinations on Unit Price .......................9.10 ENGINEER as Initial Interpreter,,.....,, .......... ENGINEER's Responsibilities ................9.1-9.12 Limitations on ENGINEEWs Authority and Responsibilities..............................9.13 OWNER's Representative .............................. 9• I Project Representative...................................9.3 Rejecting Defective Work..............................9.6 Shop Drawings, Change Orders and Payments....................................9.7-9.9 Visits to Site.................................................9.2 Unit Price determinations.................................9.10 Visits to Site.......................................................9.2 Written consent required .............................. 7•2, 9.1 Equipment, Labor, Materials and.........................6.3-6.5 Equipment rental, Cost of the Work..................11.4.5.3 Equivalent Materials and Equipment .........................6.7 error or omission5..................................................0.33 Evidence of Financial Arrangements ....................... $.l l Explorations of physical condition5 ....................... 4.2.1 Fee, CONTRACTOR's--Costs Plus ...........................11.6 Field Order — definition of.....................................................1.19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment..............................14.12 Final Inspectioq................................................... J 4.11 Final Payment -- and Acceptance.....................................14.13-14.14 Prior to, for cash allowances...............................11.8 General Provisions ............... ........................... 17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references tq..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice....................................................0....17.1 Guarantee of Work --by CONTRACTOR,...,... 6.30, 14.12 Hazard Communication Programs ...........................0.22 Hazardous Waste -- definition of........................................0............1.21 general............................................................. 4.5 OWNER's responsibility for ............................... 8.10 ix E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT C01,LINS MODIFICATIONS (REV 9/99) Indemnification ......................... Initially Acceptable Schedules,.... Inspection -- Certificates of .................... Final ................................ ....6.12, 6.16, 6.31-6.33 Insurance .............................2.9 ...........................................................5.3 Precedence. ............................................... 3.1, 3.3.3 Reference to ........... .. 3.3.1 9.13.4, 13.5, 14.12 Safety and Protection... ............................. „ .............. .,,, .. 6.20, 13.2 ...........................14.11 Subcontractors, Suppliers and Others........, 6.8-6.11 Article or Paragraph ` Article or Paragraph Number Number Special, required byENGINEER..,...................... 9.6 Tests and Approval.............................g.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER ............... 5.14 Additional, required by changes in the Work............................................11.4.5.9 Before starting [he Work ..................... 2.7 Bonds and --in general ......... ....................... 5 Cancellation ates Provisions.....................................5.8 Certificates of .................. 2.7, 5, 5.3, 5.4.11, 5.4.13, ........................5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations ..................... 5.4.13 CONTRACTOR'S Liability,........... 5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability......................................5.4.10 deductible amounts, CONTRACTOR's responsibility......................4.........................5.9 Final Applicaton for Payment ................. 14.12 Licensed Insurers .............. .......................... 5 3 Notice requirements, material changeg........ 548, 10.5 Option to Replace.............................................5.14 other special insurance* ......... 4..........................5.10 OWNER as fiduciary for insureds ............... 5.12-5.13 OWNER's Liability............................................5.5 OWNER's Responsibility ................................... 8.5 Partial Utilization, Property Insurance ............ Property.....................................4.....4........ ......... .5.15 Receipt and Application of Insurance Proceeds .................... .................. 4....... 5.12-5.13 Special Insurance ............................................. 5.10 Waiver of Rights..............................................5.11 Intent of Contract Documents ................ 3.1-3.4 Interpretations and Clarifications......... ............ 3.6.3, 9.4 Investigations of physical condition§,.........,, 4.2 Labor, Materials and Equipment, ...... 4........ .._..6.3-6.5 Lands -- and Easements ............................... ............. .......$.4 Availability of.............................4...............4.1, 8.4 Reports and Tests...............................................8A Laws and Regulations --Laws or Regulations -- Bonds......................................................... ............................................. Changes in the Work.. ............ 4.........................10.4 Contract Documents...........................................3.1 CONTRACTOR's Responsibilities ................ ¢.14 Correction Period, defective Work............ , 13.12 Cost of the Work, taxes ............................. 11.4.5.4 definition of............ ................... 4.............. . . _ 4...... 1.22 genera16.14 Indemnification ................ 6.31-6.33 x Tests and Inspections ................ 13.5 Use of Premises .............. ........................... ¢.16 Visits to Site.......................................................9.2 , . Liability Insurance-- CONTRACTORs............................................... 5.4 OWNER'S ................................................. .........5.5 Licensed Sureties and Insurers ............... 5.3 Liens -- Application for Progress Payment.....,..,,, 14.2 CONTRACTOR's Warranty of Title,,,,,,,,,,,,,,, 14.3 Final Application for Payment .......................... 14.12 definition of ................. 1.23 Waiver of Claims........................................4... J4.15 Limitations on ENGINEER's authority and responsibilities................................................. 9.13 Limited Reliance by CONTRACTOR Authorized._.,,,,,,, ..................4,2.2 .......................... Maintenance and Operating Manuals-- Final Application for Payment ................. Manuals (of others)-- ....14.12 Precedence....................................................3.3.3.1 Reference to in Contract Document*.......... 3.3.1 Materials and equipment -- , famished by CONTRACTOR...............................6.3 not incorporated in Work...................................14.2 Materials or equipment --equivalent...._..._.. 6.7 Mediation (Optional)..............................................16.7 Milestones --definition of ........................................ 1.24 Miscellaneous -- Computation of Times, ........................... 17.2 ........... Cumulative Remedies........................................17.4 Giving Notice....................................................17.1 Notice of Claim.................................................17.3 Professional Fees and Court Costs Included,,,,..„ 17.5 Multi -prime contracts 7 Not Shown or Indicated ........................................ ...........�4.3.2 Notice of-- Acceptability of Project.....................................14.13 Award, definition of.....................................4...1.25 Claim............................................................1.7.3 Defects, U.1 Differing Subsurface or Physical Conditions,.....4.2.3 Giving............................................................1.7.1 Tests and Inspection*..........., 13.3 Variation, Shop Drawing and Samplg... 6.27 Notice to Proceed -- definition of.....................................................1.26 giving of............................................................ 2.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Notification to Surety ..............................................10.5 Observations, by ENGINEER...........................6.30, 9.2 Occupancy of the Work ................... 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR...............6.9, 9.13 Open Peril policy form, Insurance..........................5..6.2 Option to Replace....................................................5.14 Article or Paragraph Number "Or Equal" Items......................................................6.7 Other work 7 Overtime Work --prohibition of.................................6.3 OWNER — Acceptance ofdefective Work ..........................A3.13 appoint an ENGINEER......................................8.2 as fiduciary ...............................................5.12-5.13 Availability of Lands, responsibility .....................4.1 definition of .................................................... 1.27 data, f tmish......................................................8.3 May Correct Defective Work...........................J3.14 May refuse to make payment ............................. 1:4.7 May Stop the Work.........................................13.10 May Suspend Work, Terminate............................$.8, 13. i0, 15.1-15.4 Payment, make prompt ..................... $._ , 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements ...................4.13 purchased insurance requirements .............. 5.6-5.10 OWNER's— Acceptance of the Work ...................... .......0.30.2.5 Change Orders, obligation to execute........, 8.6, 10.4 Communications ............................................... 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decision............................9.11 Inspections, tests and approvals .................. $.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects ............................. ................13.1 Representative --During Construction. ENGINEER's Status......................................9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material................$.10 Change Orders ............................................. 8.6 Changes in the Work...................................10.1 communications............................................8.1 CONTRACTOR's responsibilities, .................. 8.9 evidence of financial arrangetnent$ ..............5.11 inspections, tests and approvals .....................8.7 insurance. ..................................................... 8.5 lands and easements....................................8.4 prompt payment by........................................8.3 replacement of ENGINEER ....... ................... $.2 reports and tests............................................8.4 stop or suspend Work..................8.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................5.8, 15.2 separate representative at site..............................9.3 testing, independent.........................................13.4 use or occupancy of the Wotk .........................5.15, 6.30.2.4, 14.10 _ written consent or approval required.........................................9.1, 6.3, 11.4 EJCDC GENERAL CONDITIONS 1910-5 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) '�