HomeMy WebLinkAbout266367 METRO WEST COMMUNICATIONS LLC - CONTRACT - BID - 5688 TRAFFIC OPERATIONS COMMUNICATIONS PHASE I (3)L4
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TRAFFIC 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)
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SECTION 00100
INSTRUCTIONS TO BIDDERS
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xvi
E1CDC 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
I.I. 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.
s 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
accompanied by such supporting documentation as is
required by the Contract Documents.
1.4. Asbestos —Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
- - into the air above current action levels established by the
' United States Occupational Safety and Health
Administration.
1.5. Bid —The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed.
1.6. 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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
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,
I-"- 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, fine 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. ENGINEER'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 Holidais— hall 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 oJAward--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, fmn 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
E)CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 6:00pm unless otherwise
specified 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.
L34. 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, materiahnan or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
famish 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
furnished under the Contract Documents. Work includes
and is the result of performing or furnishing labor and
furnishing and incorporating materials and equipment into
the construction, and performing or furnishing services and
furnishing 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 4.2 or 4.3 or to
emergencies under paragraph 6.23. A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45. Written 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 to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of reproduction.
Commencement of Contract 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 1910-8 (1990 Edidm)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
if Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement, in me event
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 run.
Before Starting Construction:
2.5. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in
writing to ENGINEER any conflict, error; ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGINEER before proceeding with any Work affected
thereby; however, CONTRACTOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict,
error, ambiguity or discrepancy in the Contract
Documents, unless 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
accemtable which allows less than 21 calendar
days for each review by Engineer,
2.6.3. A preliminary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction. Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work.
2.7. Before any Work at the site is started,
CONTRACTOR wid ^a. `a [P shalll eaeb deliver to the
ether OWNER, with copies to ' '
idc_;�;nea_ �..__r------- ... ENGINEER
certificates of insurance (and other evidence of insurance
reasonably Feques guested by OWNER) which
CONTRACTORand OMENER respeetively &F is required
to purchase and maintain in accordance with
paragraphs 5 ", `�. .
Preconstruction Conference:
2.8. Within twenty days after the Contract Times start to
nu, 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 anv work at the site beeins,
a conference attended by CONTRACTOR, ENGINEER
and others as appmpaete 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
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents. Any Work, materials 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: i
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 duetted" "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 import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction, review or judgment will be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the
Provisions of paragraph 9.13 or any other provision of the
Contract Documents.
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 412000)
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 perforating 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 PHyslCAL CONDITIONS;
REFERENCE POINTS
Availability ofLands..
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
e€-eF-filin-
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 famishing these lands, rights -of -
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.2. Subsurface and Physical Conditions:
4.2.1. Reports and Drawings: Reference 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 bet utilized by
ENGINEER in preparing the Contras: Documents;
and
4.2.1.2. Physical Conditions: Those drawings of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) than have been
utilized by ENGINEER in preparing the Contract
Documents.
4.22. 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" i, identified in
the Supplementary Conditions. Except for such reliance on
such 'technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, ENGINI ER or any of
ENGINEER'S Consultants with respect to:
4.2.2.1. the completeness of such reports and
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety prec utions and
programs incident thereto, or
4.2.2.2. other data, interpretations, opinions
and information contained in such rep, its 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 (1940 Edition)
wl CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
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, promptly immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph6.23), notify OWNER and
ENGINEER in writing about such condition.
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so.
4.2A, ENGINEER'S Review: ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNER's obtaining additional exploration or
tests with respect thereto and advise OWNER in writing
(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.
4.2.6. Possible Price and 27mes Adjustments: An
equitable adjustment in the Contract Price or in the
Contract Times, or both, will be allowed to the extern that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTOR's cost
of, or time required for performance of, the Work; subject,
however, to the following:
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4.2.3.1 through 4.2.3.4, inclusive;
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. Shown 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, (ii) locating
all Underground Facilities shown or indicated in the
Contract Documents,(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
Protection of all such Underground Facilities as
Provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shonm 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, premptly
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
Performing any Work in connection therewith (except
[ - in an emergency as required by paragraph 6.23),
identify theowner of such Underground Facility and
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
wI 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 he responsible for any
such materials brought to the site by
CONTRACTOR, Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsible.
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EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
ARTICLE 5—BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR'S obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also 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 Stab, Bureau of
Government Financial Operations, U.S. Treasury
Deparhment. 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 furnished 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 duty
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. 9 ekal
i—
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 furnished and as will provide
protection from claims set forth below which may arise out
Of or result from CONTRACTOR's performance and
furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of 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 4/2000)
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 whdn 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).
OWNER'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:
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these ons to
the
Standa d General Conditions uoflthe ConstBrudcdtion Contract ers which e(No. 1910-8 defined n1990
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.
r 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 contract. The Statement of Qualifications to award of the
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
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5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
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EJCDC GENERAL CONDITIONS 19104 (1990 Edition)
10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
020-1 40-
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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
paragraph 5.13. OWNER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
Power. If such objection 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 patties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers
irAeFeq
PfDpef-peffefrpafwe-of-sueh-&tL-S-
-4ceePtance of Bonds and Insurance, option to Replace:
5.14. If
OWNER has any objection to the coverage afforded by or
other provisions of the Bondsr insurance required to be
purchased and maintained by the etheF—pat#y
CONTRACTOR in accordance with Article 5 on the basis
Of nonconformance with the Contract Documents, the
ty OWNER will
notify CONTRACTOR in writing within tan fifteen days
after reeeipt delivery of the certificates (or -other r,--
requesEedj to OWNER as required by paragraph 2.7.
the C-Oflffaet
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edffian)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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
CONTRACTOR's 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 48 hours in advance of any Work to be
Performed on Saturday Sunday Holidays or outside the
Reeular WOrIoma Hours
11
6A. Unless otherwise specified in the General
Requirements, CONTRACTOR shall famish 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 furnishing,
performance, testing, start-up and completion of the Work.
6.41 Purchasing Restrictions: CONTRACTOR
must comply with the City's purchasing restrictions. A
copy of the resolutions are available for review in the
offices of the Purchasing and Risk Management
Division or the City Clerk's office.
6.4 2 Cement 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 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 watmttties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER If required by ENGINEER,
CONTRACTOR shall famish 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 name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function and quality
required. Unless the specification or description
E1CDC 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
matmal 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 following as supplemented in the
General Requirements and as ENGINEER may
decide is appropriate under the circumstances.
Requests for review of proposed substitute items
of material or equipment will not be accepted by
ENGINEER from anyone other than
CONTRACTOR. If CONTRACTOR wishes to
furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
perform adequately the functions and achieve the
results called for by the general design, be similar
in substance to that specified and be suited to the l
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 y
direct contract with OWNER for work on the
Project) to adapt the design to the proposed
substitute and whether or not incorporation or use
of the substitute in connection with the Work
subject to payment of any license fee or royalt,
All variations of the proposed substitute from th ,
specified will be identified in the application ai
available maintenance, repair and replacemc-
service will be indicated The application wilt
also contain an itemized estimate of all costs or t_
credits that will result directly or indirectly from
acceptance of such substitute, including costs of
redesign and claims of other contractors affected "
by the resulting change, all of which will be
considered by ENGINEER in evaluating the
Proposed substitute. ENGINEER may require
CONTRACTOR to furnish additional data about
the proposed substitute.
6.7.1.3. CONTRACTOR's 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 63.2. 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's
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 furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
CONTRACTOR shall perform not less than 20
percent of the Work with its own forces (that is
without subcontracting) The 20 Percent requirement
shall m understood to refer to the Work the value of
which totals not less than 20 Percent of the Contract
Price.
6.8.2. Eiddine
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,--n&4
!`nwrrn n rim-- O
OWNER's or ENGINEER's acceptance (either in
writing or by Failing to make written objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) of
constitute a condition of the Contract iris the
use of the named subcontractors suppliers or other
persons or oreanization on the Work unless prior
wntten approval is obtained from OWNER and
ENGINEER. No acceptance by OWNER or
ENGINEER of any such Subcontractor, Supplier or
other person or organization shall constitute a waiver
Of any right of OWNER or ENGINEER to reject
defective Work.
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 furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOR' own acts and
omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor,
Supplier or other person or organization any
contractual relationship between OWNER or
ENGINEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create any
obligation on the part of OWNER 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 any subcontractor Awnhff or other person
or oreamzatmon evidence of amounts paid to
CONTRACTOR in accordance with
CONTRACTOR'S 'ADDllcations for Payment"
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 furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR. CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
organizations performing or furnishing 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 VAear.Aff my sash agF
-
:.-.:lo
• . Y . . Y . .
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, ENGINEEXs 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
infiingement 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 V CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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
furnishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOM 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 not relieve CONTRACTOR of
CONTRACTOR'S obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer,
use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6 15 1 OWNER is exempt from Colorado State and
local sales and use taxes on materials to be
penmanently incornorated into the aroiect. Said taxes
shall not be included in the Contract Price.
Address:
Colorado Department of Revenue
State Capital Annex
M
1375 Sherman Street
Denver. Colorado 80261
Sales and Use Taxes for the State of Colorado
Regional Transportation District (RTD) and certain
Colorado counties are collected by the State of
Colorado and are included in the Certification of
Exemption
All applicable Sales and Use Taxes (including State
collected taxes) on anv items other than construction
and buddme materials physically incomorated into the
protect are to be pald by CONTRACTOR and are to
be included in appronnate 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 permit any part
Of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
Pressures that will endanger it.
Record Documents.
FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COL.LINS 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
pri
of the Work, and or 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
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.L 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
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4=00)
purposes required by paragraph 626. 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 detennined and
verified:
6.25.1.1. all field measurements, quantities,
dimensions, specified performance criteria,
installation . requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and 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.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review
and approval of that submittal.
6.25.3. At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract 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
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 paragraph 2.9, any related Work performed
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 carry 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.I.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
part 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,
asing 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 fitmish 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
any of them to perform or finnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 631 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' o �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 cauved 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 in accordance
with the Contract Documents, as well as at continuing
obligations indicated in the Contract Dom Bents, will
survive final payment, completion and accept4nce 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, :.)r let other
direct contracts therefor which shall contaen 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 therefor as
provided in Articles 11 and 12 if CONTRACTOR believes
that such performance will involve additional expense to
CONTRACTOR or requires additional time anthe parties
are unable to agree as to the amount or extent th• reof.
7.2. CONTRACTOR shall afford each othe contractor
who is a party to such a direct contract and .-ach 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 equ pment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs. Unless: otherwise
provided in the Contract Documents, CON TRACTOR
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 writter, 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
E1CDC GENERAL CONDITIONS 1910-8 (199r, Edition)
18 w/ CITY OF FORT COLLINS MODR+ICATIONS (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 fiunish 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.
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 15.2 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
Programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perform Or famish the Work in accordance with
the Contract Documents.
ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
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
EICDC 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's
visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's on -site
visits or observations of 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
furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER
will famish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work. The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9.3 and 9.13 and in tile, gu
6eaditiens of 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 &-pplofnpajat, 0811ditiAnq nAma .nh 01
9.3.2. Duties and Responsibilities Representative
VAII:
9.3.2.1. Schedules - Review the ro ess
19
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
i^
the Work.
1`
5.0 INTERPRETATIONS AND ADDENDA.
r_
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
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability.
9 3 2 2 Conferences and Meeting - Attend
meeting with the CONTRACTOR such as
preconstruction conferences, progress meetings
and other iob 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 principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents.
9 3 2 3 2 Assist in obtaining from OWNER
additional details 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 Drawirie or
sample 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 deter nm= that the Work is proceeding in
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 mspectons and report to the
ENGINEER.
9 3 2 5 Interoretation of Contract
Documents Report to ENGINEER when
clarifications and interoretations of the Contract
Documents are needed and transmit 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
ESCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
modification in Drawings or Specifications and
rt these recommendations to ENGINEER
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER.
9.3.2.7. Records.
9.3.2.8. Reports.
9 3 2 8 1 Furnish ENGINEER periodic
re*wnts as required 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 maior tests,
inspections or start of important 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 Change
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 Requests Review applications
for payment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
ENGINEER noon¢ particularly the relationship of
the payment requested to the schedule of values
work completed and materials and equipment
delivered at the site but not Work. mcomorated in the
9.3.210 Completion
9.3.2.10.1. Before ENGINEER issues a
Certificate of Substantial Completion submit
to CONTRACTOR a list of observed items
requinns correction or completion
9.3.2.10.2. Conduct final insilection in the
company of the ENGINEER 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 list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptance
9.3.3. Limitation of Authority The Representative shall
not.
9.3.3.1. Authorize any deviations from the
Contract Documents or accept any substitute
materials or equipment unless authorized by the
ENGINEER
9.3.3.2. Exceed limitations of ENGINEER'S
authority as set forth in the Contract Documents
9.3.3.3. Undertake any of the responsibilities
of the CONTRALTO Subcontractors or
CONTRACTOR'S superintendent
9.3.3.4. - Advise on or issue directions relative
to, or assume control over any aspect of the
means. methods, technioues sequences or
procedures for construction unless such is
specifically called for in the Contract Documents
9.3.3.5. Advise on or issue directions
rardme or assume control over safety
precautions Work. and programs inc mriections with the
9.3.3.6. Accept Shop DrawinS
RS or sample
submittaIs from anyone other than the
CONTRACTOR.
9.3.3.7. Authorize OWNER to occu the
Work n whole or in part
9.3.3.8. Participate inialized field or
cxccvt ory as tests Or inspections conducted by others
except specifically authorized 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
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR If OWNER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
or the Contract Times and the parties are unable to agree
to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or Article 12.
Authorized Variations in Work.
9.5. ENGINEER may authorize minor 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
promptly. If OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
the Contract Times and the parties are unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
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, see 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 the,
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 formal decision in accordance with this paragraph.
Written notice of each such claim, dispute or other matter
will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the start of the occurrence or
event giving rise thereto, and written supporting data will
be submitted to ENGINEER and the other party within
sixty days after the start of such occurrence or event unless
ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support
of such claim, dispute or other matter. The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
ENGINEER will render a formal decision in writing within
thirty days after receipt of the opposing patty's submittal, if
any, in accordance with this paragraph. ENGINEER's
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC -A, "Dispute
Resolution Agreement", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (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
FJCDC GENERAL CONDITIONS 1910-5 (1990 Edition)
22 w/ C1Ty 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-pufmant-te-"n le 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 famishing 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 performing or furnishing any of the
Work.
9.13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.13.5. The limitations upon authority and
responsibility set forth in this paragraph 9.13 shall also
apply to 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 11 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
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
(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 11—CHANGE OF CONTRACT PRICE
ILL 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 9.11 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 the 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 inaladabat aet be limited toi
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
Niffiff
t, excise and payroll taxes, workers' healthand-retirement benefit�benases;applicable thereto. of perfomilng Work after regular, on Saturday, Sunday or legal holidays,ed in the above to the extent authorized
by OWNER.
11.4.2. Cost of all materials and equipment famished
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 famished by
Subcontractors. If required by OWNER,
EICDC GENERAL CONDITIONS 1910-8 (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 determine, with the advice of
ENGINEER, which bids, if any, will be accepted. If
any subcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee,
the Subcontractor's Cost of the Work and fee shall be
detemlined 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.
11.4.5.3. Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof —all
in accordance with terms of said rental
agreements. The rental of any such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.5.5. Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
Performance and furnishing of the Work (except
losses and damages within the deductible amounts
Of property insurance established by OWNER in
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
CONTRACTORS fee. If, however, any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a fee
Proportionate to that stated 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
CONTRACTORS principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or
specifically covered by paragraph 11.4.4—all of which
are to be considered administrative costs covered by the
CONTRACTOR's fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR' 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).
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w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
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 CONTRACTORS 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
to be negotiated
in good faith with the OWNER but not to exceed
five percent of the amount Paid to the next lower
der 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 l l.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
riot guar�te�and aresolely for the purpose of
comparisoidsand detetmmng an initiPrice. Dnations 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 make a
claim for an adjustment in the Contract Price in
accordance with Article I 1 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;
EJCDC GENERAL. CONDITIONS 1910-8 (1990 Edition)
26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
and
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.
1 19 3 4 CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or chanee 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 clam 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
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
m daages 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. Notice 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
reasonable —tiaras 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
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
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 famish 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
inspected, tested or approved is covered by
CONTRACTOR without written 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, famishing 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.
OWNER 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 furnish 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 one-year two Years after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) correct such defective Work, or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (ii)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom.
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages 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 run from an
earlier date if so provided in the Specifications or by
Written Amendment.
13.12.3. Where defective Work (and damage to other
FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
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 eno-year
two Years after such correction or removal and
replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER'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 11. 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 perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. in exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
cormection 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 I I. 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 1 funds that are withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with secunhes or an arran ements mvolvin an escrow or
custodianshUp. by executing the application for payment
fomj the CONTRACTOR expressly waives his right 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 I910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
recommendation of payment and present the Application
to OWNER, or retain 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 furnishing or
performance of Work, or for any failure of
CONTRACTOR to perform or famish 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
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
OWNER referred to in paragraph 14.5. ENGINEER may
also refuse to recommend any such payment, ar, 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 protct 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 ep• 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 performanec or furnishing
of the Work,
14.7.6. Liens have been filed in tonne -ion 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,.:raphs 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 COITRACTOR
the amount so withheld, or any adjustment tiuxeto agreed
to by OWNER and CONTRACf(JR, when
CONTRACTOR corrects to OWNER's sat ;faction the
reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the mire 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 so 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
E1CDC GENERAL. CONDMONS 1910.8 (1950 Edition)
30 w/ CPTY 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 Utilization:
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 functioning 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:
I4.10.I.0WNER 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 fatal 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
corrected 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
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edifion)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
to furnish such a release or receipt in full,
CONTRACTOR may famish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien. Releases or waivers of liens and the consent of
the surety to finalize payment are to be submitted on
rOnns conforming to the format of the OWNER'S standard
forms bound in the Protect manual
Final Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of
the Work during constmction 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 foam 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 paraaraoh 17 6 2 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 fixed CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles I 1 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 412000)
CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
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 wmpleting the Work such excess will be
paid to CONTRACTOR If such claims, costs, losses and
damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by 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):
15.4.1. for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work;
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
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, Suppliers and others; and
15.4.4. for reasonable expenses directly attributable
to termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate:
15.5. 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 thirty 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 lieu 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 I 1 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:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from the computation.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Mum)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17.3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose.Cumulative Remedies..
17.4. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties 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
oil 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 1 to this
Agreement. Reference to two pertinent Colorado statutes
are as follows
17.6.2. If a claim is filed OWNER is required b
law (CRS 38-26-107) to withhold from all,payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor materials team hire
sustenance, provisions provender or other supplies
used or consumed by CONTRACTOR or his
33
EICDC GENERAL. CONDITIONS 1910-8 (1990 Edition)
34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
(This page left blank intentionally.)
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edifim)
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
a 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
t 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
r 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
r - 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.
E1CDC 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
fatal, 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 -AI
SECTION 00800
SUPPLEMENTARY CONDITIONS
8
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).
ANWHo
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
9/99
indicated on the Drawings or specified in the Specifications that a ^
substitute or "or equal" item of material or equipment may be furnished or
used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective
date of the Agreement". The procedure for submittal of any such
application by CONTRACTOR and consideration by Engineer is set forth in the
General Conditions which may be supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of
principal subcontractors he proposes to use in the Work. Refer to Section
00430 contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable —
objection to any proposed Subcontractor, either may, before the Notice of {
Award is given, request the apparent successful Bidder to submit an
acceptable substitute without an increase in Bid price. If the apparent
successful Bidder declines to make any substitution, OWNER may award the
contract to the next lowest responsive and responsible Bidder that proposes
to use acceptable subcontractors. Subcontractors, suppliers, other persons
or organization listed and to whom OWNER or Engineer does not make written
objection prior to the giving of the Notice of Award will be deemed ,
acceptable to OWNER and ENGINEER subject to revocation of such acceptance
after the effective date of the Agreement as provided in the General
Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor,
supplier or other persons or organizations against whom he has reasonable —
objection. The use of subcontractors listed by the Bidder and accepted by —
OWNER prior to the Notice of Award will be required in the performance of
the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may
be retained by the Bidder. A separate unbound copy is enclosed for
submission with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on
the form must be stated in words and numerals; in case of conflict, words
will take precedence. Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other appropriate officer accompanied by
evidence of authority to sign) and the corporate seal shall be affixed and
attested by the secretary or an assistant secretary. The corporate address ;^
and state of incorporation shall be shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and
signed by a partner, his title must appear under his signature and the
official address of the partnership must be shown below the signature. -
7/96 Section 00100 Page 4
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 o 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: DATE:
Project Manager
REVIEWED BY: DATE:
Title:
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
9/99 Section 00950 Page 1
Section 00960
Application for Payment
Insert pages 1 - 4
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APPLICATION FOR 1iAYM1'.fiT
OWN". CRy ,f Pot ro ll. PRW IICI't
�HIptppRg; CONTRACTOR:
APPLICATION NIIMRM:
APPIJGTION DA-M
PNUOD.DD,URVNINO:
PERIOD, PNURIU;
PROTECT NUMRM:
PAGO 1 OF 4
CNANOD ORDMS - - AppRcuim h made far Payment M ahoxa bclor in mcoeolion With Cmunct
f1UbrRPJc DATE AMOUNT The prnenl A" of to aecgm( for this Cmttaal It N [WWI:
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FEDERAL REQUIREMENTS
TABLE OF CONTENTS
Buy America Requirements
Page 1
Cargo Preference Requirements
Page 1
Seismic Safety Requirements
Page 1
Energy Conservation Requirements
Page 1
Clean Water Requirements
Page 2
Lobbying
Page 2
Access to Records and Reports
Page 2-3
Federal Changes
Page 3-7
Clean Air
Page 7
Recycled Products
Page 7
Davis -Bacon Act
See CDOT Attachment #1
Contract Work Hours and Safety Standards Act
See CDOT Attachment #1
Copeland Anti -Kickback Act
Page 7
No Government Obligation to Third Parties
Page 7-8
Program Fraud and False or Fraudulent Statements
Page 8
Termination
Page 8-10
Governmentwide Debarment and Suspension
(Nonprocurement)
Page 10-11
Privacy Act
Page 11
Civil Rights Requirements
Page 11-12
Breaches and Dispute Resolution
Page 12-13
Patent and Rights in Data
Page 13-15
Disadvantaged Business Enterprise (DBE)
See CDOT Attachment #2
Interests of Members of or Delegates to Congress
Page 15
Prohibited Interest
Page 15
Incorporation of Federal Transit
Administration (FTA) Terms
Page 16
ATTACHMENTS:
Attachment 1
Buy America Requirements 2 pages
Attachment 4
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans,
and Cooperative Agreements 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
.. J ........... a _ a,_ . _ • ..
SEISMIC SAFETY REQUIREMENTS
42 U.S.C. 7701 st 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 st 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
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 —
et 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.0 1601, et seq.]
- Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act
of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to
that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are _
forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal. —
Certification for Contracts, Grants, Loans, and Cooperative Agreements
ACCESS TO RECORDS AND REPORTS
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 i
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 r .
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
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.
Applicability to Contracts
For those construction or facility improvement contracts or subcontracts exceeding $100,000
FTA may accept the bonding policy and requirements of the recipient, provided that they meet
the minimum requirements for construction contracts as follows:
a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid
guarantees' shall consist of a firm commitment such as a bid bond, 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
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.
i
14.1. Bids may be modified or withdrawn by an appropriate document duly
t 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
(1) 50% of the contract price if the contract price is not more than $1 million;
(2) 40% of the contract price if the contract price is more than $1 million but not more than
$5 million; or
(3) $2.5 million if the contract price is more than $5 million.
d. A cash deposit, certified check or other negotiable instrument may be accepted by a
grantee in lieu of performance and payment bonds, provided the grantee has
established a procedure to assure that the interest of FTA is adequately protected. An
irrevocable letter of credit would also satisfy the requirement for a bond. _
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:
Bid Bond Requirements (Construction)
(a) Bid Security
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 furnish adequate and acceptable Performance Bonds and Labor —
and Material Payments Bonds, as provided above, or refuse or be unable to furnish
adequate and acceptable insurance, as provided above, he shall forfeit his bid security
to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or —
inability to enter into an agreement, or provide adequate security 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
1. The penal amount of the payment bonds shall equal:
(i) Fifty percent of the contract price if the cogntract 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%) of the CONTRACT SUM, as adjusted (if at all).
CLEAN AIR
42 U.S.C. 7401 et seq
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.0 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.
31 U.S.C. 3801 at seq.
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 at 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 Part 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 291. 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.
7. 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.
"Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion -
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 at 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
(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 Opportunity, Department of Labor," 41 C.F.R. Parts 60 at = ., —
(which implement Executive Order 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 ther 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 adverti ing, layoff or termination; rates of pay or other forms of
compensation; and selection for triiining, 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 oy FTA, modified only if necessary to identify the affected
parties. A
BREACHES AND DISPUTE RESOLUTION. 49 CFR Part 18 —
FTA Circular 4220.1 D
Pick applicable clause:
Disputes - Disputes arising in th, performance of this Contract which are not resolved by
agreement of the parties shall be d-�cided 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 t
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 performance 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 FTA'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.O 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
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
publicly as indicated in the Invitation to Bid
of the Base Bids and major alternates (if any)
the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
non -responsive) read aloud
An abstract of the amounts
will be made available after
All Bids shall remain open for forty-five (45) days after the day of the
Bid Opening, but OWNER may, in his sole discretion, release any Bid and
return the Bid Security prior to that date. _
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any
and all informalities not involving price, time or changes in the Work, to
negotiate contract terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. ^
Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER
believes that it would not be in the best interest of the Project to make
an award to that Bidder, whether because the Bid is not responsive or the
Bidder is unqualified or of doubtful financial ability or fails to meet any
other pertinent standard or criteria established by OWNER. Discrepancies
between the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the
Bidders, whether or not the Bids comply with the prescribed requirements,
and such alternates, unit prices and other data, as may be requested in the
Bid Form or prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of _
Subcontractors, Suppliers, and other persons and organizations proposed for
those portions of the Work as to which the identity of Subcontractors,
Suppliers, and other persons and organizations is submitted as requested by
OWNER. OWNER also may consider the operating costs, maintenance t'
requirements, performance data and guarantees of major items of materials F
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
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.
1. 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. I __
(e) 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
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
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.ID _
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. 5323Q)(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
Company
Title
Page 17
i
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. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
53236)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(6) or (j)(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. I 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. DATE 12-28-01
CO010001 HEAVY AND HIGHWAY CONSTRUCTION STATEWIDE PAGE NO. 2 of 8
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
5A7
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
5
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
I T 15
3.64
10
515
Group 5
17.10
3.64
10
MINIMUM WAGES, COLORADO U.S. DE1'T. OF LABOR DECISION NO. DATE 12-28-01
C0010001 HEAVY AND HIGHWAY CONSTRUCTION. STATEWIDE PAGE NO. 3 of 8
Code
Classification
Basic Hourly
Fringe Benefits
Last
Rate
Mod
LABORERS: (SHAFTS, RAISES, izAISSILE 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
711
HAZARDOUS AND TOXIC WASTE
22.20
3.52
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. DATE 12-28-01
C0010001 HEAVY AND HIGHWAY CONSTRUCTION STATEWIDE PAGE NO.4 of 8
Code
Classification
Basic Hourly
Fringe Benefits
Last
Rate
Mod
AREA 1 PLUMBERS and PIPE FITTERS (Including HVAC
work);
841
Free Zone
$19.85
$6.17
6
842
Zone 1*
19.85
$6.17
6
843
Hazardous Pay
*s
861
AREA 2 PLUMBERS and PIPEFITTERS
24.30
6.40
5
TRUCK DRIVERS:
901
Group 1
14.21
5.27
1
902
Group 2
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 1
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.
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
equipment to be
in the Contract
Conditions.
21.0 RETAINAGE.
from Colorado State Sales and Use Taxes on materials and
incorporated in the Work. Said taxes shall not be included
Price. Reference is made to the General and Supplementary
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
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, Latimer,
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, Pitkin, Rio
Blanco, Roun, 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. 11
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
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 I yd.; Concrete Placement Pumps,
under 8 inches; Distributors, Bituminous Surfaces; Drill, Diamond or Core; Drill Rigs, Rotary, Chum, or Cable
Tool; Elevating Graders, Equipment, Lubricating and service Engineer, Engineer Fireman; Grout Machine; Gunnite
Machine; Hoist, 1 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.
Group 4: Cable operated Crane, track mounted; Cable operated power Shovels, Draglines, Clamshells and Backhoes, 5 an.
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; Mechanic -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.
10
Group 2:
Minimum labor, Traffic Control Director (certified); including caissons to 8' carrying Reinforcing Rods; Dowel
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 lacks;
Tampers; Air Tampers; Boring Machines; Air Hydraulic Boring machines; Automatic Concrete Power Curbing
Machines; Concrete Processing Material; form setters; Highways, Streets, and Airports mnways; 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 darns; 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 l:
Outside Laborer above ground.
10
Group 2:
Minimum Tunnel Laborer, Dry Houseman.
10
Group 3:
Cable or Hose Tenders, Chuck Tenders, Concrete Laborers, Dumpmen, Whirley 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 Can; 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.
10
Group 2:
Chucktenders, Concrete Laborers, Whirley 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 Nomlemen; Shotcrete Operators; Sandblasters and Pump Concrete
Placement Men.
10
Group 5:
Any employee performing work underground from a Bos'n Chair, Swinging Stage, Life Belt or Block and Tackle as
a safety requirement.
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 12-2 1
COO10001 HEAVY AND HIGHWAY CONSTRUCTION STATEWIDE PAGE NO. 7 of 8
PLUMBERS AREA DEFINITIONS —.
Area 1: Alamosa, Baca, Bent, Chaffee, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Las 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 miles 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 die 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 l: 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
Truck, Grease Truck, Combination Fuel and Crease. ' _-
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. f ""
Group 4: Dump truck driver over 29 cubic yards, to and including 79 cubic yards, Cement Mixer Agitator Truck over 10 cubic j
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 r ,_
Combination Man.
Group 6: Low Boy.
MINIMUM WAGES, COLORADO U.S. DEPT, OF LABOR DECISION NO. DATE 12-28-01
C0010001 HEAVY AND HIGHWAY CONSTRUCTION STATEWIDE PAGE NO. 8 of 8
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) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the
Wage and Hour Regional Office for the area in which the survey was conducted because those Regional
Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is
not satisfactory, then the process described in 2. And 3. should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be
with the Branch of construction wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, 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.
July 21, 1999
ON THE JOB TRAINING
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 issu-d
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.
1
ON THE JOB TRAINING
July21, 1999
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 COOT 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 Department's On -the -Job Training Pilot Program, the training shall
be provided according to the following.
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 may be used by the Contractor to satisfy the _
requirements of this special provision.
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
Contractor shall submit to the Engineer documentation showing DOL or FHWA approval of the
Contractor's training program, a plan that identifies each proposed trainee and the construction phase for
training each of the proposed trainees, including the duration, for this specific project.
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 are as follows:
Category
Contract dollar value
Minimum total training
hours to be provided
on the project
Minimum
number of
trainees required
Maximum
number of
trainees allowed
Maximum
reimbursement
allowed
A
Up to 1 million
0
0
NSA
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
I
For each increment of
$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.
July 21, 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.
a-
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.
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
SPECIAL NOTICE TO CONTRACTORS
1. Scope
1.1 It is the intent of this chapter to provide
guidelines to the Contractor or Sub- Contractor,
so that they can properly present their materials
for inclusion at the construction project.
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
Bidders0(102.01 Standard Specifications) has
occasionally been confused with 0
Prequalification of Manufacturers/ Supplier0 or
with OPre-Approval of Products or Materials0,
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
in writing, if the pay items
revised during the project.
May 31, 2001
or quantities are
4. COMPLY WITH BUY AMERICAN
REQUIREMENTS.
4.1 In accordance with subsection 106.08 of
the Standard Specifications:
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
2 May 31, 2001
SPECIAL NOTICE TO CONTRACTORS
that the product or assembly to be
Bridge Paint, Structural Steel (Inorganic
incorporated into the project has been
Zinc Rich, Polyurethane System)
sampled and tested and the samples have
Concrete Box Culverts, Precast
passed all specified tests
Dampproofing, Asphalt
In accordance with subsection 106.10 of
Dust Palliative - Asphaltic - Magnesium
Chloride
the Standard Specifications, the following
Emulsified Asphalt for Tack Coat
items will be accepted on the basis of certified
Erosion Bales E
test reports. One copy of the certified test
reports shall be furnished to the Engineer at
Expansion Joint Material, Preformed
the time of material delivery. Failure to
Filler
Flumes (all types)
comply may result in delays to the project
Gabions and Slope Mattress
and/or rejection of the materials.
Gaskets
Anchor Bolts (all items which include
Guard Rail - End Anchors
Guard Rail Metal A
anchor bolts) A
Guard Rail Posts - Metal A
Bridge Deck Forms, Permanent Steel A
Guard Rail - Precast
Bridge Rail, Steel A
Guard Rail Blocks - Synthetic
Cribbing
Fasteners (Bolts) (Field) A
Guard Rail Posts - Timber Blocks and
A
Fence, Sound Barrier
Posts
Hay E
Glass Beads
Headgates
Pipe Railing Overhead Sign Structures A
Inlets, Grates and Frames (Prefab)
Structural Plate Structures "
Interior Insulation
Lighting
Structural Steel Galvanized A
Light Standards, High Mast
Top Soil
Traffic Signal Structures A
Light Standards, Metal
Luminaires (Inclusive)
Water(ing) (All items which include water)
Manholes, Rings and Covers (Prefab)
Waterstop
MC-70 - Prime Coat (Liquid Asphalt)
MSE Wail - Elements
C. Certification of Compliance (COC)
Mulch Tackifiers
Paint (Structure)
Certificate of Compliance. A certification,
Pedestrian Bridge A
Piling A
including a signature by a person having legal
Rest Area Materials
authority to act for the manufacturer, stating
Seed o
that the product or assembly to be
Sign Panels
incorporated into the project was fabricated in
Sprinkler System(s)
accordance with and meets the applicable
Steel Sign Posts
specifications.
Steel Sheet Piling A
Straw E
In accordance with subsection106.09 of
Structural Glazed Tile and Ceramic Tile
the Standard Specifications, the following
Treated Timber
items will be accepted on the basis of a
Water Control Devices
certificate of compliance. One copy of the
Water Proofing Materials
certificate of compliance shall be furnished to
Waterproofing Membrane, Prefabricated
the Engineer at the time of material delivery.
Wood Cellulose Mulch
Failure to comply may result in delays to the
project and/or rejection of the materials.
Bearing Device, Type I, II, IV and V A c
D. Pre -Approved
May 31, 2001
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 AASHTODs
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
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
0
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.
° 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 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.
1 July 21, 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 Electronic version -- March 10. 1994
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
6. Selection of Labor:
Page tract, the contractor shall not:
I.
General.........................................................1
11.
Nondiscrimination............................................1
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
Vill.
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 superin-
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
Secbon 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.
It. 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 604.3 and the provisions of
the American Disabilities Act of 1990 (42 U.S.C. 12101 gI egg.) 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 Stale highway agency
(SHA) and the Federal Government in carrying out EEO obliga-
tions and in their review of his/her activides 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 wall 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, will attempt to resolve such
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimina-
tion may affect persons other than the complainant, such correc-
tive 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 vdll 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 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 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,
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 heldthat 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 BHA.
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 BHA 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 BHA 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 dassification on the
project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment opportunk
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 BHA
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 Forth 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 -
July 21, 1999
ment or purchase order, as appropriate, the bidder, Federal -aid
construction contractor, subcontractor, material supplier, or
vendor, as appropriate, certifies that the firm does not maintain or
provide for its employees any segregated fadlities 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 fine 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, timedocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housinng.
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 rash 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 classificafions
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(bx2) of the Davis -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 fringe 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 criteria 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
fringe 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 addifional
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 not 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 journeyman -level hourly rate)
specified in the contractor's or subcontractor's registered program
shall be observed.
(3) Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the 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 fringe 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, fringes 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
SECTION 00300
BID FORM
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 joumeyman-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 journeyman -level hourly rate
specified in the applicable wage determinafion. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on
the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman -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-
tralion 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 defink
Von, 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.
July21, 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, Including apprentices, trainees, and helpers, employed
by the contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee, or helper, 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-andone-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 fhe
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
Form 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-
ing:
(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;
July21, 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
1. 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
Form 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 lb 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
FEDERAL -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 o,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 BHA has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
Vill. 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 BHA
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 tabor 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 construc-
tion 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 sedousness of these and similar acts, the following
notice shall 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 State 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 !apre-
sentation as to material fact in any statement, certificate, or report
submitted pursuant to provisions of the Federal -aid 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 (9 sec., as amended by Pub.L.
91.604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 at sea., 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) Ust of Violating
Facilities pursuant to 40 CFR 15.20.
IX. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
9 July 21, 1999
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
2. That the firm agrees to comply and remain in compliance with tary Exclusion -Lower Tier Covered Transaction," provided by the
all the requirements of Section 114 of the Clean Air Act and department or agency entering into this covered transaction,
Section 308 of the Federal Water Pollution Control Act and all without modification, in all lower tier covered transactions and in all
regulations and guidelines listed thereunder. solicitations for lower tier covered transactions.
3. That the firm 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 firth 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.
XL CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
' 1. Instructions for Certification - Primary Covered Transao
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 fumish 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 tier 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.
f. 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.
g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled
"Certifi-cation Regarding Debarment, Suspension, Ineligibility and Volun-
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-
tartly 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-
tion.
L 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
i. 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
lb 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.
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
Der 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.
b. 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 teams
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.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this 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.
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.
h. 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 knowl
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 Der 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 certifies, 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 prospeo-
live 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 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.
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 $100,000-and that all such recipients shall certify and
disclose accordingly.
11 July21, 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, t
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.
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 COOT 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, COOT 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 COOT 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 specific project may be obtained from the
Department based on information provided by the proposed joint venture on CDOT Form No. 893,
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.
it. 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-
215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
SECTION 00300
BID FORM
PROJECT: TRAFFIC OPERATIONS COMMUNICATIONS PHASE l; BID NO. 5688
Place
Date
1. In compliance with your Invitation to Bid dated
and subject to all conditions thereof, the undersigned
a **(Corporation, Limited Liability Company,
Partnership, Joint Venture, or Sole Proprietor)** authorized to do business
in the State of Colorado hereby proposes to furnish and do everything
required by the Contract Documents to which this refers for the
construction of all items listed on the following Bid Schedule or Bid
Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal
is made in good faith, without collusion or connection with any other
person or persons Bidding for the same Work, and that it is made in
pursuance of and subject to all the terms and conditions of the Invitation
to Bid and Instructions to Bidders, the Agreement, the detailed
Specifications, and the Drawings pertaining to the Work to be done, all of
which have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid
bond in the sum of ($
in accordance with the Invitation To Bid and
Instructions to Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Payment Bond for the amount of the total of this Bid within
fifteen (15) calendar days from the date when the written notice of the
award of the contract is delivered to him at the address given on this Bid.
The name and address of the corporate surety with which the Bidder
proposes to furnish the specified performance and payment bonds is as
follows:
5. All the various phases of Work enumerated in the Contract Documents with
their individual jobs and overhead, whether specifically mentioned,
included by implication or appurtenant thereto, are to be performed by the
CONTRACTOR under one of the items listed in the Bid Schedule, irrespective
of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or
Bid Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through
7/96 Section 00300 Page 1
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
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 CDOT 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 /o 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 j^
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 4-
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
July 11, 2001
-6-
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.
When there is 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.
(e) 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 COOT 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.
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 CDOT Form No. 714 or on
COOT 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 -kind
replacement.
2. In the event a UDBE subcontractor begins to prosecute the work and is unable to satisfactorily complete
performance of the work, the Contractor shall furnish to the 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
dC
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
code(SA#)
uontractor:1. An officer of the contractor(s) must complete this form. 5. Send original to:
I2. Include only DBE firms which meet the underutilized criteria in Colorado Department of Transportation
the contract goal specification for this project. Business Programs Office
3. Submit a separate CDOT Form #715 for each proposed DBE. 4201 E. Arkansas Ave.
I4. Retain a photocopy for your records. Denver, Colorado 80222
FAX: (303) 757-9019
)BE Subcontractor information
Ivoo auocomractor name Certification #
Explltion dat8
lams of work subcontracted
b,
rY
..4-r�re .5xy
s
A) What is the total dollar value of this proposed sub co t' ct`that is applicable toward contract goals?
(NOTE: dollar values are to be actual subcontracla a and not jsr me contract prices)
B) What is the total dollar value of proposed u `, ' is that.are applicable toward contract goals from
prior sheets? ,
tB>
C) What is the accumulative value of ppos'ttpc'r tracts that are applicable towards contract
goals?
D) What is the orginal contact bid foul?
D>
E) What is the a)il�lativi �#rcenl,,4contract bid total subcontracted to all underutilized DBEs?
E>
A+B=C (C=D)x100 =E
ontractor certificatinn
wy uiar.
• 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 preconstmction 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.
puma,- eusmess vrogrems copy - Protect Ent
PY - Region EEO representative copy - Contractor
are obsolete and may
COLORADO DEPARTMENT OFTRANSPORTAMON
UNDERUTILIZED DBE GOOD FAITH EFFORT
DOCUMENTATION
i ne 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.
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.
II. For each subcontract item identified,
work and function codes match the type
capable of performing identified subcor
"telephone log of calls, including tplb,o
mail, provide copies of let to 11p�f
subcontracted, and th i�d�{tS, Lac
be available to bidder e Corit ctor
Submit a detaileY�+texo)e, tion a--, racci
ia{
41
nitattt b sil,� Wor telephone a minimum of two currently CDOT-certified UDBEs whose
wgtK mg so ad. For projects in areas of the state where there are more than two UDBEs
ct items, contact at least two thirds of those UDBEs. If soliciting by telephone, provide a
sgussiijq, date, time, name of person contacted, and the response received. If soliciting by
i#Jb,eir'responses. Letters and FAXes must specifically identify the project, the items to be
n8PAXes 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.
III. Ust 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.
rI
1
{
V. The efforts;-r
)etermining wf-$
may be considd
providing UDBE
em rtre,not exnausnve or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In
Faith Efforts have been made, the quantity and intensity of the efforts made as well as kinds of efforts made
y additional efforts to increase UDBE contract participation, such as requesting subcontractors to assist with
n. Note the results of such efforts.
I THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE
GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OFTHE CONTRACT.
lompany Signature
Ir Title Phone
t FAX
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.
MATERIALS AND LABOR USED, Form FHWA-47 July21, 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.
CONTRACTOR
M
ADDRESS:
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.
Signature
RESPECTFULLY SUBMITTED:
Date
Tit
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
7/96 Section 00300 Page 2
July 21, 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:
Goals and Timetable for Minority Utilization
Timetable - Until
Further Notice
Economic
Standard Metropolitan
Counties
Goal
Area
Statistical Area SMSA
Involved
157
2080 Denver -Boulder
Adams, Arapahoe, Boulder, Denver,
(Denver)
Douglas, Gilpin, Jefferson ...................
13.8%
2670 Fort Collins
Larimer................................................
6.9%
3060 Greeley
Weld ....................................................
13.1%
Non SMSA Counties
Cheyenne, Clear Creek, Elbert,
Grand, Kit Carson, Logan, Morgan,
Park, Phillips, Sedgwick, Summit,
Washington & Yuma ............................
12.8%
158
1720 Colorado Springs
El Paso, Teller .....................................
10.9%
(Colo. Spgs. -
6560 Pueblo
Pueblo .................................................
27.5%
Pueblo)
Non SMSA Counties
Alamosa, Baca, Bent, Chaffee,
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 A ND TIMETABLES FOR FEMALE UTILIZATION
Until Further 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 in 41 CFR Par 60-4.
Compliance with the coals 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
S. 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 Pack Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving —
any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions
of these specifications and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract resulted.
i
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
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.
July 21, 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
media, specifically including minority and female news media, and providing written notification to and
discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing ^
business.
i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations,
to schools with minority and female students and to minority and female recruitment and training
organizations serving the Contractor's recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of applications for apprenticeship or other training by any
recruitment source, the Contractor shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in the selection process. _
J. Encourage present minority and female employees to recruit other minority persons and women and,
where reasonable, provide after school, summer and vacation employment to minority and female
youth both on the site and in other areas of a 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
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 fulling 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., mechanic,
apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated
trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an
easily understandable and retrievable form, however, to the degree that existing records satisfy this
requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance or upon application of requirements for the hiring of local or
other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
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 1g68. 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.
July 21, 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.
(2) The Contractor's equal employment opportunity policy and the procedures to implement such
policy will be brought to the attention of employees by means of meetings, employee
handbooks, or other appropriate means.
5. Recruitment.
a. When advertising for employees, the Contractor will include in all advertisements for employees
the notation; "An Equal Opportunity Employer." All such advertisements will be published in
newspapers or other publications having a large circulation among minority groups in the area
from which the project work force would normally be derived.
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.
July 21, 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
on-the-job training programs for the geographical area of contract performance. Where feasible,
25 percent of apprentices or trainees in each occupation shall be in their first year of
apprenticeship or training.
c. The Contractor will advise employees and applicants for employment of available training
programs and entrance requirements for each.
d. The Contractor will periodically review the training and promotion potential of minority group and
women employees and will encourage eligible employees to apply for such training and
promotion. —
8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the
Contractor will use his/her best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women with the unions, and to effect referrals by such unions of
minority and female employees. Actions by the Contractor either directly or thorough a 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 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.
Bid Form
Bid 5688
Traffic Operations Communications
Item Description
Item Descriptions
Category
No
Unit Cost
Quantities
Total $
2 - 2" CONDUITS FOR PRPA AT JFK/HARMONY & MAGNOLIA AND REMINGTON -
3
1
Overcharge for extra 2" only
$ 2.50
697
$ 1,742.50
21
1
PRETEST 144 FIBER (PRPA)
$ 6.00
144
$ 864.00
20
3
POTHOLE PROSPECT AND SHIELDS
$ 45.00
131
$ 5,895.00
20
3
BORING 1-2" CONDUIT PROSPECT AND SHIELDS
$ 8.501
4168
$ 35,428.00
20
7
TRAFFIC CONTROL SHIELDS
$ 850.00
8.9551
$ 7,611.84
22
8
BORING 2-2" CONDUIT QUENTIN ANTRIM IT DEPT.
$ 11.00
467
$ 5,137.00
22
8
INSTALL 30X48 HH QUENTIN ANTRIM IT DEPT.
$ 1,030.00
1
$ 1,030.00
22
8
INSTALL 18X30 HH QUENTIN ANTRIM IT DEPT.
$ 400.00
1
$ 400.00
221
8
POTHOLE IT DEPT.
$ 45.00
8
$ 360.00
Total Cost
$ 58,468.34
TOTAL IN WORDS
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
Page
Index Page 1
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.
C0010001, 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
Proof Existing Conduit
Pay Unit
Lump Sum
2
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:
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 shalt 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 Pay Unit
Pull Box (size) 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.
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 cut out 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
7
Federal Aid Project
ATMS Communication System - Phase 1
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
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 Reoair - 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 1
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: 1] 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
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)j. The regulation
also requires that if you have participated in a previous contract or subcontract and have not flied 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. lg Yes ❑ No I have developed and have on file at each establishment an affirmative action program as
required by 41 CFR Chapter 60, Part 60-2.
2. LX Yes ❑ No I have participated in a previous contract/subcontract subject to the equal opportunity
clause.
3. a 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.
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.
^�mpany
Metrowest Communications, LLC
bidder ❑ proposed subcontractor
Title:
o T3/20JO2
e:
Vice President
CDOT FO. U717 11194
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.
11
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 mZ (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.
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
Delineator (Type_) (Temporary) Each
The Contractor shall agree to quantities for the following items on a weekly basis when signing
the COOT Form 7 — Weekly Report of Miscellaneous Pay Items:
Traffic Control
Hour
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
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.
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 11 device was
originally purchased prior to October 1, 2000 before it is first used on the project.
iheMbul POWER OF ATTORNEY
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
Power of Attorney No. 23481 Certificate No. 1451349
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 and Joan C. Armstrong
of the City of Denver , State Colorado , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to 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 22nd day of August 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 yw°r-Tv awtrr y,� 9'
Y927
O SEAL �i38AL=: w fain 1977 t9$t PETER W CARMAN, Vice President
Q • O�
4 wO
State of Maryland
City of Baltimore THOMAS E HUIBREGTSE, Assistant Secretary
On this 22nd day of August 12002 , before me, the undersigned officer, personally appeared Peter W. Carman 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 ofthe
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal ARF
m �
My Commission expires the Ist day of July, 2006.
s
R;
REBECCA EASLEY-ONOKALA, Notary Public
86203 Rev. 7-2002 Printed in U.S.A.
COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. BID# 5688
ANTI -COLLUSION AFFIDAVIT LOCATION
IFort Collins, CO
I hereby attest that 1 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.
ConVagoYs firm or company name
a
Dale
Metrowest Communications, LLC
J
TuYa
Vice resident
2nd wwaclor's firm or company name. (If ioinl venture)
9 y
Dele
Till. �l��I lCi-/
C� fi
Sworn to before me this day of,
V
%iJAR OD2
"olary Publlc
e� ram,
comml.sion exgres
CPA%o ; f
(JE3\
goo'7
Op CO\_O
N E: This document must be signed In Ink.
CDOTForm MM6 "3
COLORADO DEPARTMENT OF TRANSPORTATION
UNDERUTILIZED DBE BID
CONDITIONS ASSURANCE
Instructions: Contractor - Complete and submit tl
}inn u.lkl Lk I,_ _- .
-
Project #
S(�
ILocation -
C.Ty o cr. Co
with your bid. Report only Underutilized DBE
particlpa-
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? I yes ❑ no
2) Total Underutilized DBE (UDBE) participation: 21 % Meet contract goalsyes ❑ 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
t40VrT1A t-o4-P4o
FCC_ CON ttO1--
^'31-2.06
-'T-TL
''LCX)
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
M F—T CLo S C.o t C-- 3-ZCa - 02
Comp y icer sl nature
Title
�% t LE �n-ES10.1
I,,,,,u„uexa CDOT Fonn#714a 6I01
COLORADODEPARTMENT OFTRANSPORTATION FLocation
CERTIFICATE OF PROPOSED
UNDERUTILIZED DBE PARTICIPATION
Contractot
1. An officer of the contractor(s) must complete this form. 5.
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.
rest subcontractor information
DBE Subcontractor name
r
Send original to:
Colorado Department of Transportation
Business Programs Office
4201 E. Arkansas Ave.
Denver, Colorado 80222
FAX: (303) 757-9019
Certification #
Northern Colorado Traffic Control 3448
Ex ,l on tla '
7''31r02
m les of work subcontracted
Traffic Control
_
'
A) What is the total dollar value of this proposed subco ct j Is ap Ipab a oward contract goals?
(NOTE: dollar values are to be actual
subcontra d s t1 no )$(I°fna contract prices)
A>
$1 8, 700.00
krxt
Ef tat is the total dollar value of propose sti t�
P P th$re gpplicable toward contract goals from
5r
i sheets?
B> $69,100.00
C) What is the accumulative value of facts
co that area applicable towards contract oalsv
PP g
C>
D) What is the orgmal contract bid to ?,t-
$87,800.00
E) What is the agpte1(tive:Rgrcent, 'contract bid total subcontracted to all underutilized DBEs?
D> 416 265.00
E>
` A + B = C (C=D)x 100 E
ontractor certification
0 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.
e 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.
0 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,
A 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.
-Tr ,mtractor name
Date
Metrowlyst Communications, LLC 3/20/02
Vice President
�y - Region EEO
copy - Protect En..
copy - Contractor
are
COLORADO DEPARTMENTOFTRANSPORTATION Project
UNDERUTILIZED DBE GOOD FAITH EFFORT BID# 5688
'DOCUMENTATION Fort Fort Collins, CO
Date
••— — •• ..,..-- - aNNt9anl ww Diaoer 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, CDOT may request additional
information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts.
II. 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
2. Cable Placement
II. For each subcontract item identified, co by mail,', X or telephone a minimum of two currently CDOT-certified UDBEs whose
work and function codes match the typ pf dfi '9fng sc'O ted. For projects in areas of the state where there are more than two UDBEs
capable of performing identified s4bcohtVct it�6,s, contact at least two thirds of those UDBEs. If soliciting by telephone, provide a
telephone log of calls, including t){olc,pl i qusii¢,h, date, time, name of person contacted, and the response received. If soliciting by
mail, provide copies of leti®r GD U}I7T,�g'¢f1•}f)eir responses. Letters and FAXes must specifically identify the project, the items to be
subcontracted, and thg id''da(e Le an8 lAXas must provide an address and phone number where specific quantities or details will
be available to bidder The CotQcshall provide sufficient time to allow the UDBEs to participate effectively in the bidding process.
Submit a detajj egpRtation a' fessing failure to provide any of the above.
1. Northern Colorado Traffic Control
2. Dash Communications
—, an vvoc ano non -RUBE 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.
IV. The effortsil
determining wng
may be conside
providing UDBE
Metrowest only solicited bids from two UDBE Contractors.
Both bids were accepted.
RDMJr, I#ut VAIIUU51lve or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In.
sith 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.
' .F CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE
4LS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANC
upany E OF THE CONTRACT.
Metrowest Communications, LLC�
Vice Pasident
L
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. 53236)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1)
and the applicable regulations in 49 CFR Part 661.
Date
Signature -4 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 ofNon-Compliance with 49 U.S.C. 5323Q)(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.
regulations in 49 CFR 661.7. 5323 ' 2 B �)( )( ) or G)(2)(D) and the
Date March ')n nnn'
Signature
Company Name
Title_Vice P
John Yanello
t Communications
LLC
Page 18
Attachment 4
Certification
Lobbying
Certification for Contracts, Grants, Loans, g 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 kn9wledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or.
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions
[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed -Reg.
1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601,
et seq .)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
-nder 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 $100,000 for each such expenditure or failure.]
The Contractor, Metrowest Communications, LLC
, or affirms the
Truthfulness and accuracy of each statement of its certification and disclo ulfiere, if any. In addition, the
Contractor understands nd agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certifica organ iscl re, if any.
4D _ Signature of Contractor's Authorized Official
John Y nello, Vice President Name and Title of Contractor's Authorized Official
March 20, 2002 Date
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
SECTION 00410
BID BOND
KNOW ALL M$N B7 THESE PRESENTS: that we, the undersigned Metroweet
Communications. LLBs Principal, and d _
Qnv as
Surety, are hereby held and firmly bound unto the City of Fort Collins Co erado
as OWNER, in the sum of $ 5R-----* for the payment of which, well and
truly to be made, we hereby jeintly and severally bind ourselves, successors, and
assigns.
kNive Percent of the amount bid -----------------
T14E CONDITION of this obligation is such that whereas the principal has
submitted to the City f Fort Collins Colorado the accompanying Bid and hereby
made a part hares to enter into a Construct on Agreement for the construction.
of Fort Collins Project, TRAFFIC OPERATIONS COMMUNICATIONS PHASE 1, BID No. 5688,
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said aid shall be accepted and the Principal shall execute and deliver
a Contract in the form of Contract attached hereto (properly completed in
accordance with maid Bid) and shall furnish a BOND for his faithful
Performance of said Contract, and for payment of all persona performing
labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said Bid,
then this obligation shall be void; otherwise the same shall remain in
force and effect, it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations
of said surety and its BOND shall be in no way unpaired or affected by any
extension of the time within which the OWNER may accdpt such Bid; and said Surety
does hereby waive notice of any such extension.
Surety Companies executing bonds must be authorized to transpct business in the
state of Colorado and be accepted by the OWNER,
`JC Hkats C_OPA 'rO FDVA-0\ON
7/96
section 00410 Page 1
2'd TT9'ON Wd80:0T 2002'02'btw
IN WITNESS WHEREOF, the principal and the Surety have hereunto set their hands
and seals this 20th day of Match , 2002, and such of them as are
corporation3 have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set forth
above.
PAXNCIPAL
Name: Metrowest Communications, LLC.
Address: 1301 Courtesy Road
Louisville, Colorado 8 027
Tit
ATT
By:
(SEAL)
7196
3trVXTY
Fidelity and Guaranty Insurance Company
;SEAL)
Section, oo4lo Page 2
E'd TT9'ON
Wd80:0L� 2002'02.6U4
Ihe$tbul
Power of Attorney No.
POWER OF ATTORNEY
Seaboard Surety Company
St. Pow Fire and Marine Insurance Company
St Paul Guardian Irwarance Company
St Paw Mercury Insuraneu Company
23108
United States Fldedly argil Guaranty Company
Fidelity and Guaranty tuearance Company
Fidelity and Guaranty Insurance Underwrlturs. lne
CertlncatoNo. 1105836
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surely Compdny k u Corporation duty organized under the laws of the State of New Yotk. and thin
St. Paul Elm and Marine Insurance Company. St. Paul Canadian Insurance Company and St. Paul Mercury Inwmnca Company am corporations duly nrgunYze[I dndet
the laws of the State of Minnesota, and that United States Fidelity and Gaamnly Company Is a corporation doily orgauimd under the Idws of the State of Maryland. and
that rdellty and Guaranty Insurance Company Is a corporation duty organized under the laws of :he State of Iowa, and that Fidelity and'GaaranW Intunan v
Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collecrively erelied the "CorhDanits"). and that the Cumpun!es do
hereby earlier, constitute and appoint
Douglas C, Becalm, loom C. Armstrong and Kimberly D. Johnsen
Deaver Colorado
of the City of • State • their true and lawful Auomcy(s)-ld-Fact.
each in their teparAte capacity if mots than one is named above, to sign its home at surety to, and to execute. sort 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 guamotlothg the fidelity of persons• guaranteeing the
performance of contracts and cxmuting or guaranteeing bonds and undennlsiags required or permitted in any actions or procaadings allowed by law,
IN WITNESS WHEREOF. the Companies bare caused this instrument to ba signed and scaled This 1df11 day of Jaauaty 2002
Seaboard Surety Company United States Fidelity and Guaranty Company
St, Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St- PAW Gdardiun In"Ace Company Fidelity and Guaranty Insurance Underwriters, Inc.
9t. Paul Mercury Insurance Company
a' tar \A 0>'I Xepgped Vm
1DS tartest Etta rf )� Ind I�IraJOHN F/PHINNQLY,ier fmcde
State of Maryland
City of Baltimore THOMAS 6. HVISAECTSE. Areletant Seeretnn
lath January 2002
u
On this day of , before me, the udenigned officer,personally appeared John F Pninney and
Thomas E. Huibregue. who acknowledged duensolvee to be the Vice President and Assistant SesreiarY, reapeciNdly, of Seaboard Surety Company. St. Paul Fire and
Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insumncu Cumpany, United Stoics Fidelity and Guaranty Company. Fidelity and
Guaranty Insurance Company. and Fidelity and Guaranty Insurance Underwriters, lnal and that the seals affixed to the foregoing Insuumex in the curputor: euln err
said Compuales: and that [hay. ds sarh. biting authorized �o to do, executed Inc foregoing ins[rament for the purposrs therein contained by signing ti:c names of Inn
corporations by themselves as duly authorized officarA.
�I.0 �
in Witness W heruof. ( hereunto seamy hand and official sent.
My Comnmissiun expires the IJth day of Joly. 1002, `�renY �
I
REBECCA EASLEY•ONCKALA, Nutar, W6i:e
06203 Rev. 7.2000 Printed In U.S.A.
t' d SL9'OH
WU80:0t 2002'02,duw
This Po"t of Attorney is gwntad under and by the authority of the following resolutions adopted by the Scads of Diralma of Seaboard Surety Company, St Paul
site and Marine IneurOnw Company, St Paid Omnkab insurance Company, St. Paul Mercury Incomes, Company. Valiant Stated Fidelity and Ountenty Company,
Iidel,ty end Ouarunty, bwt rauoe Company, and Fidelity and Guaranty lr%dasr 0o Underwrimn, Inc. on Septembor 2, 199g, which minichona an now in fall forme and
;!foot, reediftg as follows —
RESOLVED, that In connection with the fidelity and surety inaumnce business of the Company, all bonds, undertakings, contracts And other inttfuments relating
to add business arwy be Signed, executed, and acknowledged by penrns or entities appointed as Attome)-m-Faid in tut dtto a po�cr of AWMOY 'good in
tb the Warne add on behalf of the
acordadce with these resolutions, SNd Power(s) of Attorney forced on behalf of tmp he Coasry easy and
Company, Nthor by the Chairman, or the President, or any Vice Ptaident or On Aseigtanl Vim Preeidonl, jointly with trio Secretary or on Asglstant Secretary,
under (hair respective rkaignatoae, Tie
signature of such officers may be engraved, printed or lithogtaphud. The signature of each of the foregoing officers and
the seal of the Company may be aMUted by faexlmfle to any Power of Attorney w m any cottflemo relating thereto appointing Ako dry(s)-In•Pact for PerpDeal
only of execudog and ottosbag bonds and undctakissgs end otter wrldngs obligatory in the nature thereof, and abject to any limitalioha cos forts ihetdty any
such Power of Attonlay of CecdfiCAm bearing such facsintiie signttrtns or fsesiet7c Rod] $bull be valid and binding opal the Company, sad any Such power' so
executed antl omtifled by such facsimile signature and facsimlle seal shall be valid and binding upon the Company with toped to any bond or uadertaking to
which it is validly atmebed; and
RESOLVED FURtMR, that Attomey(n)-in•Fact shall have he Power and authority, ond, in any Caro, Subject to No tams and limitations Of the Power Of
Aitwriey baued them, to suicdo add deliver oa behalf of the Company and to attach she coal of W Company to any and all bonds and undertakings, and other
writings ebligaery in the nature thereof, and any send instrument executed by Such Atlm'ney(S}in•Bnet Shah be As binding upon the Company as if sigaad by an
6xaoudve Officer and scdd slid attested to by the Secretary of ilia Company,
I, Thomas S. Nuibraitise, Assislaat Socmmry of Seaboard Surety Company, Sri. Paul Fire and Marine lllNrance Company. St. Paul Guardian inatuaaco Company,
$1. Paul Mercury Inuuanae Company, United States Fidelity and O=,my Cornpauy, Fidelity and Gateway Insuxoneb Company, and Fidelity and Guaranty laarinee
Underwriters, Inc. do hereby certify that the above and foregoing Is a true and carted copy of the Power of Ahomey executed by sold Companies, which Is in full throe
and effect and hoe not been revoked.
IN TESTDAONY WHEREOF. I here sam set my hand this — day of A,
f(g�,.la�eer,tvj�
027 °SR1SBAe�asit 1 7ag1 Thomas E. Hulbroglac, wesienanrSuecerory
To arfr/y the auchontiaity of flits Power of Annrsmy, calf t-PfWJ71.38gd sad ask jor * Power cyAt"ty Nerk. Plows "for to the Power of Attorney number,
the aboPs-named iadfriduals and the desalts of the bond so whkA IN power is xNOched.
WH60:01 2002.02'NHW
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 AttarhPH
7. General character of Work performed by your company:
Outside Plant Inside Plant Fiber O tic S licin
Testing and Structured Cabling
8. Have you ever failed to complete any Work awarded to you?No
If so, where and why?
9. Have your ever defaulted on a contract? No
If so, where and why?
10
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.
See Attached
13. 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: $ 600 000
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?
Y e c —
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
DETAIL yes,
7/96 Section 00420 Page 2
21. What are the limits of your public liability? DETAIL
e Attached
What company?_.Van Guilder Insurance o onration
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 f 2002.
Metrowest Communications, LLC
Name of Bidder
By John Yanello
Title: Vice Presidan
State of Colorado
County of Boulder
John Yanello being duly sworn deposes and says that he is
Vi a President of MetrOWest ommunira 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 2002.
Notary Public
My commission expires
7/96
day of
My commission Expires July 22, 2003
Section 00420 Page 3
ATTENDANCE RECORD
PREBID CONFERENCE
Project: TRAFFIC OPERATIONS COMMUNICATIONS
Time: 10:00a.m.
Date: March 6, 2002
Location: Streets Facility, 625 Ninth Street, Training Room
AME
FIRM NAME
ADDRESS
TELEPHONE
FAX #
E-MAIL ADDRESS
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C,o t
CURRENT PROJECTS
m
m
Q�
cm
3
�;
GoF
oFQ
G
AT&T
Balboa Park
45 %
2003
AT&T
Eagle Creek F-5
32 %
2003
AT&T
Buffalo Run
47%
2003
AT&T
Legacy F-4
80 %
2003
AT&T
Indian. Peaks F14
86%
2003
AT&T/James Co.
Mackay Landing
24 %
2003
AT&T
Broadlands F-12
67%
2003
AT&T
Wheatland Estates
76%
2003
AT&T
Foxfon Village
94%
2003
AT&T
Emerald Estates
90%
2003
AT&T
Village North F-2
46 %
2003
AT&T
Jasmine Estates
23%
2003
AT&T
Old Farm Townhomes
86%
2003
AT&T
Clover Meadows
76 %
2003
AT&T
Sugar Creek F-i
29%
2003
AT&T
Indigo Trail
76 %
2003
AT&T
Dunes Park
86%
2003
AT&T
River Run F-4
26 %
2003
AT&T
Sugar Creek F-2
73 %
2003
AT&T
Pheasant Ridge
49 %
2003
AT&T
Span#890
86%
2003
AT&T
Span#884
26%
2003
AT&T
Estates @ Wexford
34 %
2003
Percepticon, Inc.
Regis Place
71 %
2003
Nivek Enterprise
2735 W. 58th, Denver CO
6 %
2003
Delwest
Parkfield Condos
46%
Jun-02
AT&T
Visto Ridge
98%
Mar-02
AT&T
Retreat @ Fox Run
98%
Mar-02
AT&T
The Village @ Legacy
90 %
Mar-02
Strasburg RE-1
New Elementary and High School Addition
0 %
Mar-02
Sunset Management Services, Inc.
Littleton Office Move
8 %
Feb-02
University of Northern Colorado
Arlington Park Apartments
13%
Jun-02
AT&T
AT&T Braodband Denver Upgrade Project
0%
2003
Weld County Government
North Jail Conduit, Fiber and Copper
0 %
4/15102
Weld County Government
Copper and Fiber Terminations
0 %
4/20102
City of Greeley
Island Grove Project
95%
3/29102
Weld County Government
Complete Backbone Redundancy
0 %
5/1/02
of
QF
.Sm
o�
G
15,569.66
36,069.39
27,863.20
1,012.90
7,65936
59,990.57
5,547.36
8,697.73
4,860.18
2,857.00
447.53
4,272.26
3,765.12
3,489.63
14,867.86
7,894.87
5,542.29
4,524.69
5,157.50
39,336.53
4,043.41
26,127.07
4,637.16
12,000.00
2,925.57
92,326.00
1,882.35
432,724.34
134,844.84
22,800.00
31,312.97
94,315.80
1,000,000.00
27,000.00
12,000.00
70,000.00
33,000.00
$ 2,261,365,14
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
Voyant Technologies $320 n00
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 Pro)_ect $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 $400,000 +
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
ui ment
Quantitn
Deere Backhoe
1
EOutsiEdeE
ch 1820 Trencher
1
ch 1820 Trencher
1
h Witch Trencher
1
Komatsu 25 Fork Lift
2
Wacker Packer
1
SPV 800 A ua Vac
1
Ingersoll Rand Compress
1
Vermeer D-24 Bore Rig1
1999 Vermeer Directional Drill
1
1999 Vermeer Directional Drill
1
2001 Ditch Witch 2720 Bore I'Riq
1
2001 Ditch Witch 526'§=:Riq
2
1999 Vermeer D80 Bore Rig
2
1997 CAT Backhoe #lwr0096
1
CMI Load King1
Butler Trailer
1
Big Tex Trailer
1
Max Air Trailer
1
7X10 Black Trailer
1
7X10 Black Trailer/Ram
1
Fiber Fusion Splicer
1
Coax Testers
4
OTDR
2
FIBER PULLER
2
Metrowest Trucks
Year Make/Model Body UNIT#
1980
Chevrolet Pickup
PK
8001
1983
Chevrolet Picku-26,000 GVW
TK
8301
1985
Chevrolet Picku-28,000GVW
TK
8502
1997
Chevrolet Pickup -Dually
TK
9701
2000
Ford F350 X36-C
EXT. CAB
2003
2000
Ford F350 X36-CB
EXT. CAB
2004
1987
Chevrolet Pickup
PK
8702
1993
Crysler Utility Van
VN
BV01
1994
Crysler Utility Van
VN
BV02
1995
Chevy Van
VN
9505
1990
Ford Van
VN
9001
2000
Ford F-250
TK
2002
1990
Ford F-250
TK
9004
1986
International Flatbed W/Lift
TK
8601
1991
GMC 1 Ton Flatbed
TK
9101
1994
GMC 3500 HD w/ SkyTracker
TK
9401
9994
GMC 3500 HD w/ Sky Tracker
TK
9402
1991
Ford F350 Bucket Truck
TK
9102
1995
Ford F-350 Crew Cab
TK
9501
1994
Mitsubishi Van
VN
9405
1989
PETERBUILT
TK
8901
2001
Ford F-350 4x4
TK
0104
1999
Ford F-550 Flatbed
TK
9901
1994
Freightliner
TK
9402
1999
Ford F800
TK
9902
1995
Kenworth
TK
9502
1993
MACK
TK
9301
1995
PETERBUILT
TK
9504
1995
PETERBUILT
TK
9503
2000
Dod e-Q35 4C
TK
2005
1999
Dod e-Q35 4C
TK
9904
1999
Ford F-350
TK
9903
2001
Ford F-250
TK
0101
2001
Ford F-250
TK
0102
2001
Ford F-250
TK
0103
2000
Ford F-350
TK
2001
TRAILERS
Year Description Make Unit#
1994
Butler Trailer
TL
Butler 1
1994
Butler Trailer
TL
Butler 2
1995
Trailer
TL
UTTL1
1995
GOL Trailer
TL
UTTL2
1995
PJ Trailer
TL
UTTL3
1995
VER Trailer
TL
UTTL4
2002
Hand Made sin le reel
TL
HM01
2002
Hand Made single reel
TL
HM02
2002
Hand Made single reel
TL
HM03
2002
Hand Made single reel
TL
HM04
2001
Hydraulic Reel Trailer
TL
HRT1
2001
Redi haul trailer
TL
Redi01
2001
Skid loader trailer
TL
Skid 01
1999
RIN Trailer
TL
RIN01
1997
BIT Trailer
TL
BIT01
2002
HM Trailer- Utility 25' 2 axle
TL
HM05
2002
HM Trailer- Utility 25' 2 axle
TL
HM06
2002
8 REEL Trailer- 24' 3 axle
TL
HM07
2002
6 REEL Trailer- 20' 2 axle
TL
HM08
2001
Belshe Trailer
TL
BELfl1
1996
Splice Trailer
TL
Splice 1
1994
BIT Trailer
TL
BIT02
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/Customers
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
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 Summer
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 EIA/TIA, 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
ATTENDANCE RECORD
PREBID CONFERENCE
Project: TRAFFIC OPERATIONS COMMUNICATIONS
Time: 10:00a.m.
Date: March 6, 2002
Location: Streets Facility, 625 Ninth Street, Training Room
NAME
FIRM NAME
ADDRESS
TELEPHONE
FAX #
E-MAIL ADDRESS
G2iC �PcN�'�2v
Ct+L+,+js
��m Woad
Zzl (.7+L
221-G�.( �I
Shawn Kissman
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
h
303-538-7250
303-S38-7373
PUBLIC WORKS
D01050797
TRENCHING
stiew
CURRENT
Yw
B
Boulder u
Boulder
303-441-1982
303-441-3241
RICH
LIC4M90009-28
RIGHT OF WAY
1/603
CURRENT
Y�
Bn
Brighton
303-655-2034
303-655-2013
PUBLIC WORKS
1821
CLASS A
2/26/03
CURRENT
Yes
Broomfield 3
roomfield
303438-6370
303-43M297
CAROLINE
A2002-3066
CLASS A
12131/02
CURRENT
Yes
Golden
303-384-8151
303-384-8161
TERRY SAUNDERS
792
CLASS G
1/24/03
CURRENT
Y&5
gThornton
r
Louisville
303-666-6565
303-926-0730
RITA OR PAT
02404
OTHER
12/31/02
CURRENT
Yes
Arvada
303-431-3033
303-431-3969
"ES
LOI-052
MC_S11
3113/02
CURRENT
yft
Aurora
303-739-7420
n/a
Must Take
A Class Firs
Then Apply for License
called and got times and reg.
Commerce City
303-285-8150
303-289-8165
BUILDING DEPT.
101450
RIGHT OFWAY
12/31/02
CURRENT
Y�
Denver
720-865-2650
720-86&2887
PUBLIC WORKS
233171
1 RW-EXCVTR—T--IMl/02
CURRENT
Yes
Lakewood
303-987-7567
303-987-7979
VONDA
10850
OTHER
10/29/02
CURRENT
Yes
Westminster
303430-2400
303-4265857
BILL CLAYTON
62427
10CLASSA
11 r-M102
CURRENT
Yes
Greeley
970-150-9832
970350-9722
DONNA
11085
BLCONCRT
7130102
CURRENT
Yes
Fort Lupton
303-857-6694
303-857-0351
CHRISTINE
2002-028
CLASS B
12/31/02
CURRENT
Yes
Northglenn
303450-8762 n/a
No General Contractors Licenses -Permits for Exact Locations
n/a
Federal Heights
3034233526
303428-9348
TERESA 1 01-0059 IGENCONTRACTOR] 12/31;62
CURRENT
Yes
Superior
303-499-3675
No License Required- Need Proof of Insurance
need proof of insumnce-WAIT
Wheat Ridge
303-235-2861
KAREN
18603
CLASS B
7/20102
CURRENT
Yes
Greenwood Village
3034865783
303-773-1238
COMM DEVELOPMENT
I
WAIT TILL NEEDED3300 FEE
Littleton
303-7953751
303-7953707
BUILDING DEPT.
MUST TAKE A CLASS THEN GET LICENSE
WAIT TILL NEEDED-$180 FEE
Fort Collins
970-221-6780
970-22"782
ENGINEERING DIV.
METROWEST
CURRENT
Yes
Erie
303-926-2700
BUILDING DEPT.
IRWCONTRAC
2002-14 1 EXCAVATOR 12/31/02
—
CURRENT
Yes
,Loveland
970-962-2000
BUILDING DEPT.
Test Required- call 970-962-2502- $50 fee
Left Messy
STATE
OF COLOMDO
DEPARTMENT OF REGULATORY AGEN(:IES
COLORADO OFFICE OF CERTIFICATION
9eroetra L. Collins, Director
1360 eroadwq, Suite
ti
R�
'\'� �•
1$30
, +
Denver, CO 80202
Phone. 1303) 894.2355
gill Owens
Covernm
October 16, 2000
M. Mlehael Cook,
E,rccWive DiradOr
Ms. Trisha Moan
NORTHERN COLORADO TRAFFIC CONTROL, INC
P. 0. Bon 1826
Greeley, CO 80632
Dear Ms. Moran.
The Colorado Office of Ccrtfication is pleased to inform you that NORTHERN COLORADO TRAFFIC CONTROL,
INC. has been reviewed and deemed eligible for eontinued participation in the United States Depa vneoi of
Transportation's (U.S. DOT) Disadvantaged Busirress Enterprise (DBE) Certification Program. This letter serves as
your official cerafcation, Your litm will be included on eligibility lists maintained by the entities seeing a progru n ratic
need for your work specialty, and for whom this office performs contract certification services.
In accordance with U.S. DOT Regulations found at 49 CFR Part 26, your firm is certified for a period of three years.
You will be notified each JULY, the month commensurate with your initial certification, that your certification status
must be re-evaluated. The notification provides instructions on documents to submit 4o the Office of Certification.
However, should you not receive act 6cation from this office during that month, it is your responsibility to contact us.
Submittal of this iafomtadon is accessary to ensure that there is ao interrupttca is your certified status during the three -
yew 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 Certificaton, Department of Transportation, Region&, Transportation District and Denver
'Water Dcpartmem wish you continued success in your business endeavors.
Sincerely,
jor
PAS!
► ,/ i r,
Barnetta L. Collins, Director
Su0partin6 Ulf Results (at Small 9usinm
NORTHERN COLORADO
TRAFFIC CONTROL, INC.
1712 1ST AVENUE • P.O. BOX 1826
GREELEY, 00 80832
GREELEY; 970.356.6081 ' METRO: 303.659.1729 • FAX: 970-356.5862
�+ WE ARE AN U=lRUTXLI2ZD DISADVANTAGED BUSINESS ENTERPRISE �+
TRAFFIC CONTROL QUOTE
RE: CITY OF FORT COLLINS
BID # 5688
TRAFFIC OPERATIONS COMMUNICATIONS
PHASE I
BID DATE; 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
NQTESt
-DAVIS BACON WAGES,
WE LOOK FORWARD TO WORKING WITH YOU, IF YOU HAVE ANY QUESTIONS OR
CONCERNS PLEASE FEEL FREE TO CALL.
ouv� aI. 1s . ...... l,A I I UNti;
3032387475; FEO-13-02 11:38AM; PAGE 1/4
Sharon Wood, President
Dash Corontunkatlons
1020Independence Street
Lakewood, Colorado $0215
Dear Ms. Wood;
(J.S. Smell Businc-m Adutinistration
Washington, O.C. 20416
SI•P 2 7 ;0)1)
Business Development (8D) programs Your nine (9) year Prrogram term beg nslon the deft of this leuerBusiness �'s (SBA) $(a)
Prograonaily, your lion par bean eenTin th r n Smal I Dfaedventaged Business (SD9) In the r'ederal Goveramun'a SUIT
Program Your term o/porticipation in Ns SAB pro$rem is concurrent With yours(a) BD eerti(oatlon,
During participetbn in the $(a) BD program, you will race;,# business development aulsnnce from an msignod Business
Opportunity Speelailet in the Colorado 01uMtx Oftil located et 721 194Street, Saito 426, Denver, Colangelo 80202.2599,
Tire phone numbs is (303)•$44.260'r, The District o triffice will also program end its benefits a. be able to provide you with information on the aM
wit
Your Flan ov became eligible to receive 8(a) approval appof the plan, go
ntroeta after you submit a business plan using SBA Corm I otoC and receive
Wo ors sanding a will send you the business copy of this cert'goctlon It(* to the SBA Colorado District Office. That office
plan form,
the SBA requires that the President or CI1Ief Executive Officer sign a ParticipaGon Agrament to show that he or she understands
the SBA Colorado of $(¢) 8D program t the I hinces. NOW read The Agruoment carefully, sign god data ono copy had return it to
Colorado District Office et the addrasa shown in the third pera$reph above. The second copy Is )ter you.
Sven though your firrn'a approved Primary Standard Industrial ClrsslF=ttan (SIC) Coda is 874i, your firm may be awarded
enntracn under other SIC Codes, ea Ian$ as the firm is qualified to perfomh. In this regard. p� note that contracts awrded
under $(a) 80 program authority ganera)ly result Ban file aelRmarkering efforts of the $(a) form. While your firm's
au iltInmte into the $(a) BD Prourtli. 1f nil a guarontse "Contract support, 38A will make every effort to provide you with
aseiefantas In your muRetiarg eflbrta.
If yuu have sot already done so, we strongly suggest Nat you enquire access to # mail to enhanee
with public and private sector buyers, Also, you should conaider sett i j up a merchant aan an c y( a m card ctorn abliltits
which will give you the ability to accept credit card orders for your goods and services from over with
credit
card
buying any as.
Finally' please contact your local SBA District Office to updele your enrollment in PR g"m Over
I O online procurement
listing of smal I bushheuea utillaed by public and private sector buyers
We welcome you as an $(s) BD program Participant end look forward to working with you.
A
c,ere n.mrtcttsu•ator for
Busfneee Development
T
COMMcate # 4335
DASH COMMUNiCATMNa, 111C.
1020 independence Street
lakgwood, CO W215
!S HEREBY CER I RED AS A
,.v
On State or Feddfa! Aid Pro*otg WM WD, Dd
iE INN M M UI- [ MffiF , 2gol
5.1999 kG��
vauo ate ��
COLORADO OFFICE OF CERFfF"VON
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CONTRACT DOCUMENTS TABLE OF CONTENTS
Section
BID INFORMATION
00020 Notice Inviting Bids
00100 Instruction to Bidders
00300 Bid Form
00400 Supplements to Bid Forms
00410 Bid Bond
00420 Statements of Bidders Qualifications
00430 Schedule of Major Subcontractors
CONTRACT DOCUMENTS
00500 Agreement Forms
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release(Contractor)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC -A
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960 Application for Payment
FEDERAL REQUIREMENTS
AFFIRMATIVE ACTION REQUIREMENTS
SPECIFICATIONS
Pages
00020-1 - 00020-2
00100-1 - 00100-9
00300-1 - 00300-3
00400-1
00410-1 - 00410-2
00420-1 - 00420-3
00430-1
00500-1
00510-0
00520-1 - 00520-6
00530-1
00600-1
00610-1 - 00610-2
00615-1 - 00615-2
00630-1
00635-1
00640-1
00650-1 - 00650-2
00660-1
00670-1 - 00670-2
00700-1 - 00700-34
GC -Ai - GC-A2
00800-1 - 00800-1
00900-1
00950-1 - 00950-2
00960-1 - 00960-4
0
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
SUBCONTRACTOR
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: September 25, 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 1; BID NO. 5688.
The Price of your Agreement is Fifty-eight Thousand Four Hundred Sixty-eight
Dollars and Thirty-four cents, ($58,468.34).
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.
City of Fort Collins
OWNER
By:
J s B. O'Neil II, CPPO, FNI
Dir ct r of Purchasing and Risk Management
9/12/01 Section 00510 Page 1
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the 25th day of September 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 October 15, 2002, as
provided in the General Conditions and completed and ready for Final Payment and
Acceptance in accordance with the General Conditions by October 30, 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 Dollars ($500.00) for each calendar day or fraction
thereof that expires after October 15, 2002, until the Work is
Substantially Complete.
9/12/01 Section 00520 Page 1
2) Final Acceptance:
After Substantial Completion, Two Hundred Fifty Dollars ($250.00) for
each calendar day or fraction thereof that expires after October 30,
2002, 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: ($58,468.34), Fifty-
eight Thousand Four Hundred Sixty-eight Dollars and Thirty-four cents, in
accordance with Section 00300, attached and incorporated herein by this
reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of
the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as provided below.
All progress payments will be on the basis of the progress of the Work measured
by the schedule of values established in paragraph 2.6 of the General Conditions
and in the case of Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1. Prior to Substantial Completion, progress payments will be in the
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions. 90% of the value of Work completed until the Work has been
50% completed as determined by ENGINEER, when the retainage equals 5% of the
Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 90% of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the application for
payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price,
less such amounts as ENGINEER shall determine or OWNER may withhold in accordance
with paragraph 14.7 of the General Conditions or as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
9/12/01 Section 00520 Page 2
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.
9/12/01 Section 00520 Page 3
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General Conditions,
Supplementary Conditions, those items included in the definition of "Contract
Documents" in Article 1.10 of the General Conditions, and such other items as are
referenced in this Article 7, all of which are incorporated herein by this
reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract Documents
and incorporated herein by this reference, and include, but are not limited to,
the following:
7.2.1Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered 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 to , inclusive.
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract Documents pursuant
to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or
incorporated by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the
General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the
General Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not without
limitations, moneys that may become due and moneys that are due may not be
9/12/01 Section 00520 Page 4
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.
9/12/O1 1 Section 00520 Page 5
OWNER: CITY OF FORT COLLINS
By: �-i "F. W+ cZ+
JOHN ISCHBACH, CITY /M�1A�NAGQE(/R�� ,I
BY:
JAMES O'NEI L II, CPPO, FNIGP
DI CTOR OF PURCHASING
AND ISf MANj�
rrGEM$N'�/ JL
Date:
Fort Collins, CO 80522
Approved as to Form
Assist t Ci y ttorney
9/12/01
CONTRACTOR• etro(e�� cations, LLC
B y .,,-'
T"n.y LL Woods
A-0,0A3 Y COddyaft. co.�4;r F LG L
Title: E(7
Date: p?7 SEPoZ
(CORPORATE SEAL)
Attest:
Address for giving notices:
1301
Co Irobz?
LICENSE NO.:
Section 00520 Page 6
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
day
of , 20
CONTRACTOR
By:
Title:
7/96
Section 00530 Page 1
SECTION 00020
INVITATION TO BID
SECTION 00600
BONDS AND CERTIFICATES
00610Performance Bond
00615Payment Bond
00630Certificate of Insurance
00635Certificate of Substantial Completion
00640Certificate of Final Acceptance
00650Lien Waiver Release (CONTRACTOR)
00660Consent of Surety
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No. SN6054
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Metrovest Communications, LLC
(Address) 1301 Courtesy Road, Louisville, Colorado 80027
( (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
Cgjfora io ) heresintfter referred to as the "OWNER", in the penal sum of
I ThP. d� nn in lawful money of the United States, for the
Payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the i day of
20pt, a copy of which is hereto attached and made a part tiareof for the
performance of The City of Fort Collins project, TRAFFIC OPERATIONS
COMMUNICATIONS PHASE 1; BID No. 5688.
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
PROagrees that VIDED, FURTHER, that the said Surety, for value received
Ofdthe Agreement or change, for of time, alteration or addition
stipulates
accompanyingor to the work to be performed thereunder or rho Specifications the terms
hereby the same shall in any way affect its obligation on thibond;
does y waive notice of an addition to the lteration or
to Y such change, extension of time,bond' and it
rms 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
shaatisfied.
may be
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 9 co
One of which shall be deemed an original, this rrpp 20 04 8th day Octoberts' each
IN PRESENCE OF: /
Principal
(Surety Seal)
NOTE:
Ne rowest C mmtinica o , LLC
BY
(Title
1301 Courtesy Road
(Address) 2
Other Par era
By:ti l
By:
By:
700 Broadway #1000
Denver, Colorado 80203
Date of 9ond must not be prior to date of Agreement.
Partnership, ell partners should execute Bond.
e Cogt�r3ny
2.
If CONTRACTOR is
7/96
Section 00610 Page 2
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 Mercury 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 Attorney(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 name 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 Attorney(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 Attorney(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 Insurance .-.�
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.
TESTIMONY WHEREOF, I hereunto set my hand this Z day of .,
I4 /
g,,w• yo ...�� ..Y.+..A 1pe 1977 �aNaa® �(/'
A 1927 nnr'ew _ M, "user i , y
SEALS '"�BRLB
�'axsw'�r rs, aA'� ''� W/ ✓ Thomas E. Huibregtse, Assistant Secretary !
J
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 and ask for the Power ofAttorney 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 00615
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that Bond No. SN6054
(Firm) Hetrowest Communications, LLC
(Address) 1301 Courtesy Road, Louisville,Colorado 80027
"Principal and (a Corporation), hereinafter referred to as the
(Firm) Fidelity and Guaranty Insurance Company
(Address) 385 Washington Street, St. Paul, Minnesota 55102
hereinafter iferred to as "the Surety", are held
of
and assigns,
ns 300 La orte Ave. Fort Collins an firmly Colorado bound
Unto the City
herei a ter apper ed o as "the OWNER n the (Municipal
man our Hrundrerd Six penal sum of
n lawful money of the United States, for
f which sum well and truly to be made, we bind ourselves, successors
Jointly and severally, firmly by theses presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Princi al entered
into a certain Agreement with the OWNER, dated the
2003„ of
a copy of which is hereto attached and mad— e a pat hcrQofe
Performance Of The City of Fort Collins project, TRAFFIC OPEf or RATIONS
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;
and effect. otherwise to remain in full force
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 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 8th day of October 20 02
IN PRESENCE OF:
IN PRESENCE OF:
PNf"1F fST COMMMUNICATION LLC
1301 LaWrWsy Road
Louisville, Colorado 80027
(Address)
Other P&rtners _.
L
an C. Armstrong - a'
BY ttorne -in-Fact
(Address)`
(Surety seal) 700 Broadway #1000, Denver, CO 80,204�
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRAC:'(JJ ss''
Partnership, all partners should execute Bond.
7/96 Section 00615 Page 2
10/17/2002 08:04 3032932128
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page: 003-008
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dIAOLdLBTIdu ANO
R I OFF FOR Fit UO EDNECUPVE
City of Fort Collins
215 N Mason
Ft Collins, CO 80524
ACORD 25 (2001106) FAX: (970)
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BUT FAILURE TO MAIL BUWI NOTIOE EHALL MROBE NO GOUGATION OR UAEILIry
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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
AUTHORIZED REPRESENTATIVE DATE
REMARKS:
7/96
Section 00635 Page 1
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO:
, 20
Gentlemen:
You are hereby notified that on the day of
Fort Collins, Colorado, has accepted the Work completed by 20 the 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 $
t for
all Work done, subject to the terms of the Contract
Documentsrnal 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
t
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM:
(CONTRACTOR)
PROJECT: TRAFFIC OPERATIONS COMMUNICATIONS PHASE l; 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
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.
If delivered, they are to be delivered to 215 North Mason Street, 2ntl 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
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
ATTEST:
ecretary
STATE OF COLORADO
day of
CONTRACTOR
By:
Title:
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this
9n thv
Witness my hand and official seal.
My Commission Expires:
7/96
20
day of
i
Notary Public
Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
T0: 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
(Surety) on bond of
_nereoy 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
of day
(Surety Company)
M
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.
a
a
OR 0172 (12t96)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
` (303) 232-2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26,114(1)(a)(XIX)
DO NOT WRITE IN THIS
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building
materials for the exempt project described below. This exemption does not include 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. tt is the responsibility of the prime
contractor to issue certificates to each of the subcontractors. (See reverse side.)
FAILURE TO ACCURATELYCOMPLETEALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
be
-1 Fax number.
am e Of exempt organization (as shown on
Address of exempt organization (City, State
Principal contact at exempt organization:
Physical location of prolect site (0ive actual
f-
Scheduled
i - construction start date:
Day
Business telephone number.
0170-750 (999) $0.00
S e tl3;;uj to & 0'.eti-4
mer, partner, or corporate name:
intact Person
ltion Number: Bid amount for your contract:
Colgrado withhoidng tax account number.
_.
r a
aturn p9 «r ti i.,: M e
Exempt organuallon's number.
98 -
cipal contact's telephone number:
and/or COunty (iesl whore nrnien t- i.,_.,._.,
Estimated
completion date:
Month Day
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.
of owner, partner or corporate officer. Title of corporate officer.
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 dbcument 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)
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph
Page
Article or Paragraph
Page
Number &
Title
Number
Number & Title Number
1. DEFINITIONS
................................. .....................1
2. PRELIMINARY MATTERS
1.1
'
Addenda ........................... .................1
.................... ............3
2.1 Delivery of Bonds
1.2
Agreement•,
1
............................3
2.2 Copies of Documents.,
1.3
Application for Payment.,,,.,.„..••,••......j
2.3 Commencement of Contract
L4
Asbestos,,,,,,,,•...•................................
Times; Notice to Proceed
3
1.5
Bid _,
1
................
2.4 Starting the Work
1.6
Bidding Documents. .........
• 1
................ .
2.5-2.7 Before Starting Construction;
1.7
Bidding Requirements ...................•
1
CONTRACTOR's Responsibility
1.8
Bonds .................................................
1
to Report; PreliminaryScheddes;
1.9
Change Order ... ..•,•.......
1
Delivery of Certificates of
1.10
Contract Documents,•,,.
Insurance•
1.11
Contract Price, .....................................
1
.....................
2.9 Preconstruction Conferenc@
4
1.12
Contract Times •, .....• •..........
•,...... 1
..............
2.9 Initially Acceptable Schedules
4
1.13
CONTRACTOR ..................................
1
•... ......
1.14
defective.............................................a
3. CONTRACT DOCUMENTS: INTENT,
1.15
"
Drawings............ ...............................
J
AMENDING, REUSE
4
1.16
Effective Date of the Agreement,•,.....,.
1
....................
3.1-3.2 Intent ..........
IA7
ENGINEER........................................1
............................................A
3.3 Reference to Standards and Speci-
1.18
ENGINEER'S Consultant .................•••
]
fications of Technical Societies;
1.19
Field Order.,,,.,,....
Reporting and Resolving Dis-
1.20
General Requirements
2
1.21
.... •.....................
Hazardous Waste,,...,,. .........................2
cre ancies.....•....
p .................4-5
3.4 Intent of Certain Terms or
1.22.a
Laws and Regulations; Laws or
Adjectives...............
5
Regulations
2
......................
......................
3.5 Amending Contract Docunents•
5
1.22.b
Legal Holidays..............................
, 2
........
3.6 Supplementing Contract
1.23
Liens ............................. ..................�
Documents...................
1.24
Milestone,.,,,,,,, ...................................2
........................5
3.7 Reuse of Documents......................
1.25
Notice of Award,,,.•_.._.._....,•,••
••5
1.26
Notice to Proceed .................................
2
4. AVAILABILITY OF LANDS;
1.27
OWNER .,,_•....................................
2
SUBSURFACE AND PHYSICAL CONDITIONS;
1.28
Partial Utilization ................................
REFERENCE POINTS,,....,,,,..••.._.
1.29
PCBs ... ........................................
2
......................5
4.1 Availability of Lands.....................5-6
1.30
Petroleum,,.,,.,.• .............•,
2
4.2 Subsurface and Physical
1.31
Project,,,.,,. .........................................
2
Conditions•,,,,
1.32.a
Radioactive Material .............................
2
...............................
4.2.1 Reports and Drawings......
6
1.32.b
Regular Working Hours ,,.,•..._.,,.•..••
,• 2
,••...••.•
4.2.2 Limited Reliance by CONTRAC-
1.33
Resident Project Representative .............
2
TOR Authorized; Technical
1.34
Samples....ing....................................z
Data.......................
6
1.35
Shop Drawings ...................................
P g
2
rfac............
4.2.3 Notice of Differing Subsurface
1.36
Specifications,,,•.....,._...•.•
2
or Physical Conditions,,....,•,•.••••
6
1.37
Subcontractor ......................................
2
4.2.4 ENGINEER'sReview
6
1.38
Substantial Completion ....
.....2
4.2.5 Possible Contract Documents """"•..•
1.39
Supplementary Conditions ....................
2
Change,
1.40
Supplier......... •���...............................2
....•,...... ..................
4.2.6 Possible Price and Times
6
_ 1.41
Underground Facilities,,,,.,,..,,•.....,
2-3
Adjustments. 4_7
1.42
Unit Price Work „ •.•....•, _•.•,
3
,,,..•„
4.3 Physical Conditions . . . --Underground
1.43
Work,,,,,,, ...........................................
}
Facilities•,,,
- 1.44
Work Change Directive.......................
3
...................................7
4.3.1 Shown or Indicated....
7
1.45
Written Amendment,,,••,,.•,•,_.•,
}
......................
4.3.2 Not Shown or Indicated ...................
7
4.4 Reference Points„•,..•,.....
E1CDC GENERAL CONDITIONS 1910-5 (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 ..............................................
8
6.27
Responsibility for Variations
5.3
Licensed Sureties and Insurers;
From Contract Documents ............
17
Certificates of Insurance ....................
8
6.28
Related Work Performed Prior
5.4
CONTRACTOR'S Liability
to ENGINEER's Review and
Insurance..........................................9
Approval of Required
5.5
ONER'sLiability Insurance ..............9
W
Submittals ...................................
17
5.6
Property Insurance .........................
9-10
6.29
Continuing 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 Prowsion.........
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
Coordination..................................18
Insurance Proceeds,,,,,,,,,,,,,,,,,,,,,
10-11
5.14
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........................................1
l
8.2
Replacement of ENGINEER,,,,,,..,,.
18
8.3
Furnish Data andPay Promptly
, ..
6. CONTRACTOR'S RESPONSIBILITIES ...............iI
When Due ..................................
18
6.1-6.2
Supervision and Superintendencg.......
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
CONTRACTOR's Expense;
8.7
Inspections, Tests and
t
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;
&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......................................I......14
Hazardous Waste or
6.14
Laws and Regulations ..................I.....14
Radioactive Material ....................
19
6.15
Taxes...........................................14-15
8.11
Evidence of Financid
-.
6.16
Use of Premises.................................15
Arrangements, .............................
19
6.17
Site Cleanliness................................15
6.18
Safe Structural Loading.....................15
9. ENGINEER'S STATUS DURING
1=-
6.19
Record Documents
CONSTRUCTION
..............................................
6.20
.............................15
Safety and Protection ............. .......15-16
9.1
OWNER'S Representative ................
19 1
6.21
Safety Representative .........................J6
9.2
Visits to Site ..................................
19
6.22
Hazard Communication Programs......
16
9.3
Project Representative ......... .......19-21
t .
6.23
Emergencies .....................................
16
9.4
Clarifications and Interpre-
6.24
Shop Drawings and Samples..............16
tations.........................................
1
9.5
Authorized Variations in Wrk........
1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CICY OF FORT COLLINS MODIFICATIONS (REV 9/99) ^
1
1
d
Article or Paragraph
Number & Title
Page Article or Paragraph
Number Number & Title
9.6
Rejecting Defective Work
21
9.7-9.9
Shop Drawings, Change Orders
and Payments.,,,,.
21
9.10
Determinations for Unit Pricess,,,,,
21-22
9.11-9.12
Decisions on Disputes; ENGI-
NEER as Initial Interpreter
9.13
.............22
Limitations on ENGINEER'S
Authority and Responsibilitieg.....
2-23
CHANGES
IN THE WORK .......................................
23
10.1
OWNER'S Ordered Change„.............23
10.2
Claim for Adjustment,,...,,..
10.3
Work Not Required by Contract
Documents .....................................
23
10.4
Change Orders.,......* ........................
23
10.5
Notification of Surety,..,,,,.,,
23
CHANGE OF CONTRACT PRICE,,,
11.1-11.3
Contract Price; Claim for
Adjustment; Value of
the Work,,,
............................Work..._24-25
23-24
11.4
Cost of the .................
11.5
Exclusions to Cost of the Work,.,.,...,,
25
11.6
CONTRACTOR's Fee ..............
25
11.7
Cost Records ..............
25-26
11.8
Cash Allowances ............. .............
11.9
Unit Price Work................................26
....26
CHANGE OF CONTRACT TIMES ..........................26
12.1
Claim for Adjustment ........................26
122
Time of the Essence .............
26
12.3
Delays Beyond CONTRACTOR'S
Control ...................................
26-27
12.4
Delays Beyond OWNER's and
CONTRACTOR's Control................27
TESTS AND
INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF
DEFECTIVE
WORK.................................................27
13.1
Notice of Defects ...............
27
13.2
Access to the Work
27
13.3
Tests and Inspections;
CONTRACTOR's Cooperation,.,,,,..,
27
13.4
OWNER's Responsibilities;
Independent Testing Laboratory,,,,...
27
13.5
CONTRACTOR's
Responsibilities...............................
27
13.6-13.7
Covering Work Prior to Inspec-
tion, Testing or Approval ................
27
iv
13.8-13.9 Uncovering Work at ENGI
Page
Number
NEER's Request .....................27-28
13.10
OWNER May Stop the Work
13.11
„.„....„28
Correction or Removal of
Defective Work ...........................28
13.12
Correction Period .................
28
13.13
Acceptance ofDefective Work
28
13.14
.........
OWNER May Correct Defective
Work .....................................
28-29
14. PAYMENTS
TO CONTRACTOR AND
COMPLETION ............................................
29
14.1
Schedule of Values„ .................
29
14.2
Application for Progress
Payment .....................................
29
14.3
CONTRACTOR's Warranty of
Title...........................................29
14.4-14.7
Review of Applications for
Progress Payments,,,,,,,,,,,,,,,,,
29-30
14.8-14.9
Substantial Completion ..................
30
14.10
Partial Utilization,.,,,._.,
30-31
14.11
Final Inspectiorl ............................31
14.12
Final Application for Paymenl,.,,....31
14.13-14.14
Final Payment and Acceptancq.......
31
14.15
Waiver of Claims ......................31-32
15. SUSPENSION OF WORK AND
TERMINATION ............................................... 32
15.1 OWNER May Suspend Work .......... 32
15.2-15.4 OWNER May Terminate ................ 32
15.5 CONTRACTOR May Stop
Work or Terminate ................ 32-33
16. DISPUTE RESOLUTION ..................................
33
17. MISCELLANEOUS...........................................33
17.1 Giving Notice ................................
33
17.2 Computation of Times, ...................
33
17.3 Notice of Claim..............................33
17.4 Cumulative Remedies ..............
33
17.5 Professional Fees and Court
Costs Included..,,.,....,
33
17.6 Applicable State Laws.,_.,,,...,
33-34
Intentionally left blank ...........................35
„
EXHIBIT GC -A: (Optional)
Dispute Resolution Agreement....,...,,
GC -Al
16.1-16.6 Arbitration.,,....._
GC -AI
16.7 Mediation ............ ....................
GC -Al
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of --
Bonds and Insuranc@........................................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),,... J1.6, 1.10, 6.19), 1.1
Additional Property Insurance$ ................................. 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...........................5.6.2
Allowances, Cash....................................................11.8
Amending Contract Document$ ................................ 3.5
Amendment, Written --
in general................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2
............I..............0.8.2,6.19,10.1,10.4,11.2
...................................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 ..........................z.8, 2.9, 5.6.4, 9.10, 15.5
progress payment ..................................... 14.1-14.7
review of ................................................: 14.4-14.7
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 chang@.......................
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 ..........................................
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 Othet...................5.1-5.2
Bonds and Insurance --in general.................................5
Builder's risk "all-risk" policy fora ........................5.6.2
Cancellation Provisions, InsuranN........
5.4.11, 5.8, 5.15
Cash Allowances....................................................11.8
Certificate of Substantial Completion
........ 1.38, 6.30.2.3,
..................................................14.8,
14.10
Certificates of Inspection ...................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 ............. J.19, 1.44, 9.11,
10.4.2, 10.4.3, 11
Lump Sum Pricing..........................................11.3.2
Notification of Surety........................................10.5
Scope of....................................................10.3-10.4
Testing and Inspection,
Uncovering the Work..................................13.9
EICDC GENERAL CONDITIONS 1910-9 (1990 EDITIONS)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
f,;_
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.
i
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 f_
personal property, equipment, material, supplies or services where such officer
or employee exercises directly or indirectly any decision -making authority
i
concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or
accepting any gift, gratuity favor, entertainment, kickback or any items of
monetary value from any person who has or is seeking to do business with the City
of Fort Collins is prohibited
City of Fort Collins
By �` U
&JaB. O'Neill, II,CPPO,GP sing/Risk Management Director
07/2001 Section 00020 Page 2
Unit Price Work..........................................11.9
Article or Paragraph
Number
Value of Work..................................................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 of Defective Work ..........................
13.13
Amending Contract Documentg...........................
.5
Cash Allowances ................
............I1 8
Change of Contract Price .... .................................
11
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.....................................................0.23
ENGINEER's responsibility.....,, 9.8, 10.4, 11.2, 12.1
execution of.....................................................10.4
Indemnifiction ........................0.12,
6.16, 6.31-6.33
" Insurance, Bonds and. ., .. ............ ......5.10,
5.13, 10.5
OWNER may terminate .........................
. t5.2-15.4
OWNER's Responsibility. ............................$.6,
.
10.4
Physical Conditions--
Subsurface and..............................................4.2
Underground Facilities--.............................4,3.2
Record Documents...........................................6.19
Scope of Change .........................
.............. 103-10.4
Substitutes.............................................6.7.3,
6.8.2
Unit Price Work...............................................11.9
value of Work, covered by.................................11.3
Changes in the Work.................................................10
Notification of surety ........................................
10.5
OWNER's and CONTRACTOR's
responsibilities*.........................................10.4
Right to an adjustment...................................10.2
Scope of change........................................10.3-10.4
Claims --
against CONTRACTOR....................................6.16
against ENGINEER ......................................... 6.32
against OWNER ................6.32
...............................
Change of Contract Price ............... 9.4, 11.2
Change of Contract Times ............... 9.4, 12.1
CONTRACTOR's.............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
A
CONTRACTOR's Fee.......................................11.6
Article or Paragraph
Number
CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31
Cost of the Work .............. .........................11.4,
11.5
Decisions on Disputes ................
9.11, 9.12
Dispute Resolution.....
16 1
Dispute Resolution Agreement.,,..
16.1-16.6
ENGINEER as initial interpreto;................
....9.11
Lump Sum Pricing.........................................11.3.2
Notice of
OWNER'S .................. 9.4, 9.5, 9.11,
10.2, 11.2, 11.9
............... ........12.1, 13.9, 13.13,
13.14, 17.3
OWNER's liability ..............................................
5.5
OWNER may refuse to make payment ..............
Professional Fees and Court Costs
.14.7
Included.....................................................17.5
request for formal decision or) ................
9..11
Substitute Items ..................... ,
..............6.7.1.2
Time Extension.................................................12.1
Time requirements....................................9.11,
12.1
Unit Price Work.............................................11.9.3
Valueof ...........................................................
j.1.3
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 .......
..: ........................................
. ...............6.17
Codes of Technical Society, Organization
or Association ........................................
......... j3.3
Commencement of Contract Times .................
2.3
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
preconstructi on ..................................................
2.8
Conflict, Error, Ambiguity, --
CONTRACTOR
CONTRACTOR to Report ..........................2.5,
3.3.2
Construction, before starting by
CONTRACTOR ..........................................
2.5 -2.7
Construction Machine.ry, Equipment, etc .................
6.4
Continuing the Work,,,,.......
Contract Documents --
Amending..........................................................3.5
Bonds.............................................................5.1
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's3
Article or
Paragraph
Number
Article or Paragraph -
Number
Change of Contract Pricq....................................
I 1
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.,
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 condition* ...................................4.2.3
Insurance...........................................................5.3
Discrepancy in Documents ........ 2.5, 3.3.2, 6.14.2
Intent........................................................3.1-3.4
Underground Facilities not indicated.....,...,
4.3.2
minor variations in the Work..............................3.6
Emergencies .....................................................
0.23 -
OWNER's responsibility to furnish dais ..............
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 Guaranteq .......................
0.30
Record Documents............................................6.19
Hazard Communication Programs ......................
0.22
Reference to Standards and Specifications
Indemnification .........................4.12, 6.16,
6.31-6.33
of Technical Societies...................................3.3
Inspection of the Work ...............................
7.3, 13.4 -
Related Work .................. ...................7.2
Labor, Materials and Equipment,,,,.,... .......0.3-6.5
Reporting and Resolving Discrepancies ........
2.5, 3.3
Laws and Regulations, Compliance by,,,,,,,,,,,,,
6.14.1
Reuse of............................................................3.7
Liability Insurance ..............................................
5.4
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
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..........................................................11
........................................ 6.29, 10.4, 15.2.1
Decision on Disputes........................................9.11
Request for formal decisionon disputes ..............
9.11 1
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 ...........................
0.7.1
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 ............................
fi 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 ..............................
6.7.3
.........................................4.2.2
May Stop Work or Terminate............................15.5
For Acts and Omissions
provide site access to others ........................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
................................. ....6.21-6.23, 7.2, 13.2
general........................................b, 7.2,
7.3, 8.9
Shop Drawing and Sample Review
Hazardous Communication Programs.........,
6.22 _
Prior to Submittal........................................6.25
Indemnification ...................................
6.31-6.33
hi EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
wl CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Labor, Materials and Equipmenl..............6.3-6.5
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.......................................................6.13
Progress Schedule.........................................6.6
Record Documents ..............* ................
....,... 6.19
related Work performed prior to
ENGINEER's approval of required
submittals .............................................
6.28
safe structural loading ...............
6.18
Safety and Protection .................. 6.20,
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,.......,.
0.7.1
Superintendence ...........................................
6.2
Supervision...................................................0.1
Survival of Obligations,,,,,,,,,,,,,,,,,,,
6.34
Taxes ..........................
0.15
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,,,,,,,,,,,,,,,,,, ...................
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 Procedureg,,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 ............................ .. _...........6.15
Use of Premises ........................................
6.16-6.18
Warranties and guarantees ...................
6.5, 6.30
Warranty of Title
14
Written Notice Required --
CONTRACTOR stop Work or terminate ........
15.5
Reports of Differing Subsurface
and Physical Conditions .......................
4.2.3
Substantial Completion,,,,,,,,,,,,,,,,
14.8
viii
CONTRACTORS --other ............................................... 7
Contractual Liability Insurance,....,.....,
Contractual Time Limits„ 12 2
Article or Paragraph
Number
Coordination_
CONTRACTOR's responsibility„_..........
..9.2
Copies of Documents,,,,,,,,,,,, , ..............................
2 2
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 ..............
13.14
OWNER May Stop Work ............................
13.10
Cost --
I ....
of Tests and Inspections .............
13.4
Records11.7
Cost of the Work --
Bonds and insurance, additional ...............
Cash Discounts...............................................11.4.2
.11.4.5.9
CONTRACTORSs Fee.......................................11.6
Employee Expenses,
11.4.5.1
Exclusions to .. ,,...,.,
................................
11.5
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..................................11A.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 ................
j 1.4.5.2
Special Consultants, CONTRACTORS .............
11.4.4
Supplemental.................................................11.4.5
Taxes related to the World .............
11.4.5.4
Tests and Inspection,,.,,.... ............................
13.4
Trade Discounts.............................................11.4.2
Utilities, fuel and sanitary facilitieg,...............11.4,5.7
Work after regular hours,..,......,; ....................
Covering Work. ............................................13.6-13.7
,11.4.1
Cumulative Remedies ...... ...... ...... ....................
..
17.4-17.5
Cutting, fitting and patching,,,.,,._...,
7.2
Data, to be furnished by OWNER ................
$.3
Day --definition of
17 2 2
Decisions on Disputes ............ .......... ..........
9.11, 9.12
defective --definition Of ...........................................1.14
defective Work --
Acceptance of....................................10.4.1, 13.13
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
Correction or Removal of .....................10.4.1, 13.11
Correction Period............................................13.12
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
ENGINEERS Review......................................4.2.4
Possible Contract Documents Chang@ ..............
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
general16
Mediation........................................................16.6
Dispute Resolution Agreemen(.........................16.1-16.6
Disputes, Decisions by ENGINEER ...................
?.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 qf..............1
16
Emergencies...........................................................0..23
ENGINEER --
as initial interpreter on disputes .................9.11-9.12
definition of.....................................................1.17
Limitations on authority and responsibilitie,5..... 9.13
Replacement of ..................................................
8.2
Resident Project Representative ...........................9
3
ENGINEERS Consultant -- definition of..................1.18
ENGINEERS --
authority and responsibility, limitations on
........ 9.13
Authorized Variations in the Work.....................9.5
Change Orders, responsibility foF.,..... 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 Item§ ..........................(.7.3
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 on.................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 Wor); ..................9.5
Clarifications and Interpretation&..................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 ENGINEERS Authority
and Responsibilitie§..............................9.13
OWNERS Representative..............................9..1
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 ........................0.3-6.5
Equipment rental, Cost of the Work,,,,,,,,,,,,,,,,,,
11.4.5.3
Equivalent Materials and Equipment .........................6.7
error or omissions..................................................6.33
Evidence of Financial Arrangements .......................$.11
Explorations of physical conditions .......................4.2.1
Fee, CONTRACTORs--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 Inspection...................................................14.11
Final Payment --
and Acceptance ............. ........................
14.13-14.14
Prior to, for cash allot;ances...............................11.8
General Provisions..........................................17.3-17.4
General Requirements --
definition of.....................................................1.20
principal references tq..............7.6, 6.4, 6.6-6.7, 6.24
Giving Notice.........................................................17.1
Guarantee of Work --by CONTRACTOR ........
6.30, 14.12
Hazard Communication Program§ ...........................0.22
Hazardous Waste --
definition of.....................................................1.21
general.............................................................4.5
OWNERS responsibility for ...............................
O
E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Indemnification 0..12, 6.16, 6.31-6.33
Initially Acceptable Schedules, .................................. 2.9
Inspection --
Certificates of ........................ 9.13.4, 13.5, 14.12
Final ....................14.11
Article or Paragraph
Number
Special, required byENGINEER.............
9.6
Tests and Approval,,,,,,,,,,,,,
8,7, 13.3-13.4
Insurance--
Acceptance of, by OWNER ................................
5.14
Additional, required by changes
in the Work ..........................................
11.4.5.9
Before starting the Work ...................
2.7
Bonds and --in general,,,
5
Cancellation 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................................................5.9
Final Application for Payment .........................
14.12
Licensed Insurers ............... ...........................
5 3
Notice requirements, material changes ........
5.8, 10.5
Option to Replace............................................5.14
other special insurances....................................5.10
OWNER as fiduciary for insureds ..........
,... 5.12-5.13
OWNER's Liability ............................................5.5
OWNER's Responsibility....................................8.5
Partial Utilization, Property Insurance.,,.,,,....
Property ....................................................
.5.15
5.6-5.10
Receipt and Application of Insurance
Proceeds ..............................................
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 conditi011 ..............
4.2
Labor, Materials and Equipment ................
.... 6.3-6.5
Lands --
and Easements ................................8.4
Availability of.
4'1,8.4
Reports and Tests...............................................8.4
Laws and Regulations --Laws or Regulations --
Bonds ........................................................
5.1-5.2
Changes in the Work........................................10.4
Contract Documents, ..........................................3.1
CONTRACTOR's Responsibilities,,,,,,,,,,,,,,
6.14
Correction Period,dejective Work,,......,...
13.12
Cost of the Work, taxes,.,,, ...., ..,...,,
11.4.5.4
definition of,,,,,,,,,,,,,, ..................................
.....1.22
general6.14
Indemnification .....
.................................
_. 6.31-6.33
x
Insurance...........................................................5.3
Precedence................................................3.1, 3.3.3
Reference to ................................. 3.
Safety and Protection ............... 6.20, 13.2
Subcontractors, Suppliers and Others.,...,,,...6.8-6.11
Article or Paragraph
Number
Tests and Inspections,,,..,......
13
Use of Premises ................. ............................
Visitsto Site.......................................................9.2
,6.1f
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., ....
(23
Waiver of Claims ........................
.............
Limitations on ENGINEER's authority and
.14.15
responsibilities .................................................
9.13
Limited Reliance by CONTRACTOR
Authorized...............................................4.2.2
Maintenance and Operating Manuals --
Final Application for Payment...........
1.4.12
Manuals (of others)--
Precedence ...................................................
3.3.3.1
Reference to in Contract Documents ...............
3.3.1
Materials and equipment --
.
furnished by CONTRACTOR,,.,,,....._..................4.3
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 ... ......................................
.......
Notice of--
Acceptability of Project.....................................14.13
Award, definition of.........................................1.25
Claim.........................................................17.3
..
Defects,13.1
Differing Subsurface or Physical Conditions,.„..4.2.3
Giving............................................................17.1
Tests and Inspections .............. 13.3
Variation, Shop Drawing and Sample ............. ¢.27
Notice to Proceed --
definition of......................................................1.26
givingof ........................................................... 2.3
EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REv 9/99)
Notification to Surety..............................................10.5
Observations, by ENGINEER...........................k.30,
9.2
Occupancy of the Work ...................
5,15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOF ...............4.9, 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 ..........................13.13
appoint an ENGINEER......................................8.2
as fiduciary ...............................................5.12-5.13
Availability of Lands, responsibility ....................4.1
definition of.....................................................1.27
data, furnish......................................................$.3
May Correct Defective Work,.„.......................13.14
May refuse to make payment.............................14.7
May Stop the Work.........................................13.10
May Suspend Work,
Terminate . ........................... $.8, 13.10,
15.1-15.4
Payment, make prompt,,,,,,,,,,,,,,,,,,,,,$.- , 14.4,
14.13
performance of other work .................................
7.1
permits and licenses, requirements ...................6.13
purchased insurance requirements ..............
5.6-5.10
OWNER's--
Acceptance of the Work ...................... .......0.30.2.5
Change Orders, obligation to execute., ......8.6,
10.4
Communications ............................... _.............,
8.1
Coordination of the Work...................................7.4
Disputes, request for decision............................9.11
Inspections, tests and approvals..................$.7,
13.4
Liability Insurance .........................................
... . 5.5
Notice of Defects ..............................................
J 3.1
Representative --During Construction,
ENGINEER's Status.....................................9.1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material ................F.10
Change Orders .............................................
8.6
Changes in the Work ..................................
10.1
communications ... .........................................8.1
CONTRACTOR's responsibilities, ..................
8.9
evidence of financial arrangementS..............$.11
inspections, tests and approval$.....................M
insurance......................................................
8.5
lands and easements....................................8.4
prompt payment by........................................8.3
replacement of ENGINEER ...........................$.2
reports and tests............................................8.4
stop or suspend Work.................8.8,
13.10, 15.1
terminate CONTRACTOR's
services..........................................8.8,
15.2
separate representative at site .............................
9.3
xi
testing, independent.........................................13.4
use or occupancy
of the Work ..........................5•15, 6.30.2.4, 14.10
written consent or approval
required.........................................9.1, 6.3, 11.4
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) -
Article or Paragraph
Number
written notice required,,,,,,,,,,,,,,,,,,,,,
7.1, 9.4, 9.11,
...................................11.2, 11.9, 14.7, 15.4
PCBs--
definition of.....................................................1.29
general.......................................................
.......
OWNER's responsibility for,,,,,,,,,,,,,,,,,,,,
8.10
Partial Utilization --
definitionof.....................................................1.28
general 6.30.2.4, 14.10
Property Insurance ............................................
5.15
Patent Fees and Royalties ......................
6.12
Payment Bonds .... ...............................................
5.1-5.2
Payments, Recommendation of..............14.4-14.7,
14.13
Payments to CONTRACTOR and Completion
--
Application for ProgressPayments ....................
14.2
CONTRACTOR'S Warranty of Title...................1q.3
Final Application for Payment ..............
14.12
Final Inspection...............................................14.11
Final Payment and Acceptance,,,,,,,,,,,,,„
14.13-14.14
general.........................................................8.3,
14
Partial Utilization ......
...........................
...........14.10
Retain age ........................................
...................
14.2
Review of Applications for
Progress Payments...............................14.4-14.7
prompt payment..................................................8.3
Schedule of Values ..........................................
14.1
Substantial Completion . ..............................
14.8-14.9
Waiver of Claims.............................................14.15
when payments due ................................
14.4, 14.13
withholding payment.........................................14.7
Performance Bond; ........................................
..... 5.1-5.2
Permits
Petroleum --
definition of., ....................................................
J.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
existing structures.............................................4.2.2
general4.2.1.2.........................................................
Notice of Differing Subsurface Or, ....................
4.2.3
Possible Contract Documents Change...............4.2.5
Possible Price and Times Adjustments,,,,,,,,,,,,,
4.2.6
Reports and Drawings ........................ ...........
4.2.1
Subsurface and ....................................................
.2
Subsurface Conditions4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized,,,,,,,,,,,,,,,,,,,,,
4.2.2
Underground Facilities--
,
general........................................................
4.3
Not Shown or Indicaed..............................4.3.2
Protection of ........................................
4.3, 6.20
xii
Article or Paragraph
Number
Shown or Indicated ................................................
4.3.1
Technical Data...............................................4.2.2
Preconstruction Conference .......................................
2.8
Preliminary Matters,,,....,,...
2
Preliminary Schedules..............................................2.6
..........
Premises, Use of .............................................
6.16-6.18
Price, Change of Contract...........................................I1
Price, Contract --definition of ..................................
1.11
Progress Payment, Applications for ................
14.2
Progress Payment--retainage,,.........
14.2
Progress schedule, CONTRACTOR's............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
Property Insurance--
Additional.........................................4...........4...5.7
general5.6-5.10
Partial Utilization...i............................5.15,
14.10.2
receipt and application of proceeds ...........
Protection, Safety and ..............
„5.12-5.13
6.20-6.21, 13.2
Punchlist ...............................................
...........14.11
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...................
4.4
Reference to Standards and Specifications
of Technical Societies,,,,,,,,,,,,,,,,,,,,,
3.3
Regulations, Laws and (or),_..,,,.
Rejecting Defective Work .........................................
9.6
Related Work --
atSite........................................................7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review.............4......6.28
Remedies, cumulative, ................. 4...................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,,,,,,,,,,,,,,,,,
,2
Reporting and Resolving
,
Discrepancies.................................2.5, 3.3.2, 6.14.2
Reports --
and Drawings .................................................
4.2.1
and Tests, OWNER's responsibility ...................
g,q
Resident and Project Representative --
definition of....................................................1.33
provisionfor............................................................ 9.3
E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR'g............... 6.2
Responsibilities—
CONTRACTOR's-in general..................................6
ENGINEER's-in general........................................9
Limitations on, ............................................
9.13
OWNER'S -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......................................6.12
Safe Structural Loading..........................................6.18
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........................0.21
Samples --
definition of.....................................................1.34
general....................................................
6.24-6.28
Review by CONTRACTOR ...............................
6.25
Review by ENGINEER..............................6.26,
6.27
related Work.....................................................6.28
submittal of....................................................6.24.2
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, 6.24-6.28
related Work......................................................0.28
review procedures...............................2.8,
6.24-6.28
Article or Paragraph
Number
submittal required ...............................................
............................................2,
6.24.1
Submittal Procedures ........................................
6.25
use to approve substitutions..............................6.7.3
Shown or Indicated...............................................4.3.1
Site Access......................................................7.2,
13.2
Site Cleanliness.......................................................0.17
Site, Visits to --
by ENGINEER
13.2
byothers..........................................................13.2
"special causes of loss" policy form,
insurance........................................................5.6.2
definition of....................................................)36
Specifications--
defination of....................................................1.36
of Technical Societies, reference tp...................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.....................................................2.4
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 provisiong......... 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............................k30.2.3,
14.8-14.9
definition of. ................................ ...................
1.38
Substitute Construction Methods or Procedure* ........ 6.7.2
Substitutes and "Or Equal" Item$...............................6.7
CONTRACTOR's Expense............................6.7.1.3
ENGINEER's Evaluation.................................6.7.3
Or -Equal" ...................................................
0.7.1.1
Substitute Construction Methods
xfif EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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,,,,,,,,,,,,,
4.2.1.2
ENGINEER's Review,,,,,,,, .....................
q 2 4
general..............................................................4.2
Limited Reliance by CONTRACTOR
Authorized.................................................4.2.2
Notice of Differing Subsurface or
Physical Conditions .........................................
4.2.3
Physical Conditions ......................................
4.2.1.2
Possible Contract Documents Change,,,,,,,.....„.4.2.5
Possible Price and Times Adjustments,,,,,,,
4.2.6
Reports and Drawings .....................................
4.2.1
Subsurface and, ............................ .....................
4.2
Subsurface Conditions at the Site
4.2.1.1
Technical Data., ..............................................
.2.2
Supervision--
.
CONTRACTOR's responsibility,,,,,,,,,
6.1
OWNER shall not supervise,,,,,,,,,,,,,,,,,
8.9
ENGINEER shall not supervise ................
9.2, 9.13.2
Superintendence,,,,,,, .................................
¢ 2
Superintendent, CONTRACTOR's resident,
Supplemental costs...............................................11.4.5
.6.2
Supplementary Conditions --
definition of......................................................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, 6.8, 6.13, 7.4, 8.11,
9.3, 9. 10
Supplementing Contract Documents...........
3.6
Supplier --
definition of.....................................................1.40
principal references tq........... 3.7, 6.5, 6.8-6.11,
6.20
..........................................6.24, 9.13, 14.12
Waiver of Rights...............................................6.11
Surety --
consent to final payment,,,,,,,,,,,,,,,,,,,,,
)4,12, 14.14
ENGINEER has no duty to,,,,,,,,,,,,,,,,,,,
9.13
Notification of,,,,,,,,,,,,,,,,, .................
10.1, 10.5, 15.2
qualification of ................ .............................
5.1-5.3
Survival of Obligations ...........................................
6.34
Suspend Work, OWNER May,,,,,,,,,,,,,,,,,,,,
13.10, 15.1
Suspension of Work and Termination--,,,,,,,,,,,,,,
15
CONTRACTOR May Stop Work
or Terminate,,,,,,,,,
„........ 15.5
OWNER May Suspend Work ..................
15.1
OWNER May Terminate,,,,,,,,,,,,,,,,,,,
15.2-15.4
Taxes --Payment by CONTRACTOR,,,, .....................
.15
Technical Data --
Limited Reliance by CONTRACTOR................4.2.2
Possible Price and Times Adjustments,,,,,,.....,
4.2.6
Reports of Differing Subsurface and
Physical Conditions....................................4.2.3
xiv
Temporary construction facilities 4.1
Article or Paragraph
Number
Termination --
by CONTRACTOR ...............................
by OWNER........................................8.8,
............15.5
15.1-15.4
of ENGINEER's employment,,,,,,,,,,,,,,
$.2
Suspension of Work-in general
15
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,,,,,,,,,,,,,,,
Uncovering the Work, at ENGINEER's
request ...............................
13.8-13 9
-..I ..............
Times --
Adjusting...........................................................6.6
Change of Contract,,,,,,,,,,,,,,,,
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
Z.8
schedules.........................................2.6,
2.9, 6.6
Starting the Work..........................................2.4
Title, Warranty of ...................................................
14.3
Uncovering Work............................................13.8-13.9
Underground Facilities, Physical Conditions
--
definition of....................................................1.41
Not Shown or Indicated,,,,,,,..... I......................4.3.2
protection of .............................................
4.3, 6.20
Shown or Indicated ....... ...............................
Unit Price Work--
....4.3.1
claims.........................................................1.1.9.3
definition of ............................. ....................
1.42
genera111.9, 14.1, 14.5
Unit Prices--
genera111.3.1
Determination for ............................................
9.10
Use of Premises,,,,,,,,,,,,,,,,,
6.16, 6.18, 6.30.2.4
Utility owners,,,,,,
..... 6.13, 6.20, 7.1-7.3, 13.2
Utilization, Partial ...................
1.28, 5.15, 6.30.2.4, 14.10
Value of the Work„ ............................................
.....11.3
Values, Schedule of.............................2.6,
2.8-2.9, 14.1
E]CDC 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 partieg..................5.11,
6.11
Warranty and Guarantee, General --by
CONTRACTOR................................................0.30
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
other Work............................................................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,
mino;........... 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,
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............................2.1,
9.10-9.11,
...........................................
10.4, 11.2, 12.1
by OWNER .................... 9.10-9.11,
10.4, 11.2, 13.14
xv EJCDC GENERAL CONDITIONS 1910-5 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)