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HomeMy WebLinkAbout184254 DURAN EXCAVATING - CONTRACT - BID - 5550 STATE HIGHWAY 14 GATEWAY PARK ENTRANCEBID OPENING. PURCHASING DIVISION 256 WEST MOUNTAIN AVENUE, FORT COLLINS NOVEMBER 15, 2000 3:00 P.M. (Our Clock) Proposed Retaining Walls, S.H. 14/Gateway Park Entrance Road October 30, 2000 Page 4 3. The western portion of Wall 2 alignment will extend along the cliff face of the metamorphic out crop. This slope of the cliff appears to be steeper (approximately 750) than shown on the cross sections (551 to 600). The location of the bottom of Wall 2 will therefore be lower in elevation as it crosses the face of the cliff. The area of Wall 2 should be expected to be greater than shown on the plans, with the additional area being located along the bottom of the wall. In addition, during excavation of the foundation material, the rock will tend to part along the foliations resulting greater wall height/area. 4. To reduce tendency for future separation of the foliations of the bedrock and resulting loss of foundation material in the cliff face area below the portion of Wall 2, the Contractor's designer should provide for rock bolting in the remaining portion of the cliff face below the wall. 5. The area of the roadway alignment between the walls will require excavation into the surficial materials and into the underlying bedrock. The materials encountered in the excavation are anticipated to consist of metamorphic bedrock containing a relatively thin (on average 1 to 3 feet thick) cover of soils and colluvium. The excavation face will be oriented nearly parallel to the foliation in the bedrock, therefore, the rock will tend to part along the foliation and form slab or tabular shaped rock fragments in the cut slope. The rock mass exposed in the cut slope is anticipated to require rock bolts to stabilize blocks and slabs of rock, especially where the rock cut slope is higher than 10 feet. The rock cut slope should be evaluated in the field at the time of construction for rock bolting requirements. Flattening and rounding of the top of cut will be required in the colluvial soils. 6. The earthwork for the project will require rock excavation resulting in the Contractor utilizing controlled basting techniques. The Contractor shall be responsible for all damage to existing structures as a result of the explosives including the existing tank and other structures associated with the water storage facility. The blasting should be monitored in accordance with the project specifications. The condition of the existing structures should be documented prior to construction. SECTION 00610 PERFORMANCE BOND Bond No. 19SB103487647BCA KNOW ALL MEN BY THESE PRESENTS: that (Firm) Duran Excavating. Inc. (Address) 418 North 9th Avenue areelev CO 80631 (-wr I21 e1u&9.-) -Ea-Pa3Ftae-r-s1A-p4 , (a Corporation) , hereinafter referred to as the "Principal" and (Firm) Travelers Casualty and Surety Company (Address) One Tower Square, Hartford, CT 06183 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins. .h 300 LaporteAve,Avec1 Fort roll ins, Colorado 805 a (Municipal HundxGedny ��e T�iousan,t�line �fuadrred to as the "OWNER" , in the penal sum of Five Thirty Nino and 99�!99s in lawful money of the United States, for the payfnent 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 loth day of January 2001, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms — of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 12th day of January , 2001. TAT DVVgVMCE OF: IN PRESENCE F: Pri ip r n Excavating, Inc. (Title) 418 North 9th Avenue, Greeley, CO 80631 (Address) Other Partners By: ^ By: S Travel s asua y and Surety Company B y.7De ra S. Morris, Attorney- n-Fact r By; One Tower Square, Hartford, CT 06183 (Address) (Surety Seal) NOTE: Date of Bond must = be prior to date of Agreement. If CONTRACTOR µ is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. 19SB103487647BCA KNOW ALL MEN BY THESE PRESENTS: that (Firm) Duran Excavating, Inc. (Address) 418 North 9th Avenue, Greelev, CO 80631 (arr3zxc�ivrdna�� ;-���aaesg} (a Corporation) , hereinafter referred to as the "Principal" and (Firm) Travelers Casualty and Surety Company (Address) One Tower Square, Hartford CT 06183 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. 300 Laporte Ave Fort rnllins. Colorado 805 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Five ed Twenty One Thousand, Nine Hundred ; ad 9941AP'R 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 10th day of January , 20 01, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the 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 _.ONTRACTOR 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 12th day of January , 20 OL :INPRES NICE OF: Princi D xcavating, Inc. By. C' (Title) 418 North 9th Avenue, Greeley, CO 80631 r (Address) (Corporate Seal) IN PRESENCE OF: other Partners IN PRESEN S ty Trave Casua y and Surety n By. ra S. Mo s, Att rney-inF - By: One Tower S u r s (Address) (Surety Seal) I/6W. 4f^Z` d®•vgYi�• NOTE: Date of Bond must not be prior to date of Agree e y. OR is Partnership, all partners should execute B °� ry a1i�►e�N°A' Section 00615 Page 2 7/96 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Kathryn J. O'Shea, Connie K. Boston, Donald B. Martin, Chris S. Richmond, Scott Thomas, Margaret A. Meis, Darlene Krings, William C. Bensler, Kelly T. Urwiller, Russell J. Michels, Linda M. Nikolaeff, Debra S. Morris, of Greeley, Colorado, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given bin or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate hearing 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 in the future with respect to any bond or undertaking to which it is attached. (5-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be and their corporate scats to be hereto affixed this 13th day of June, 2000. signed by their Senior Vice President. STATE OF CONNECTICUT ) SS. Hartford COUNTY OF HARTFORD ��7r AMp pGA6uq�r NYp a4try 'J �69 Orj L HAFTFOFO, KVMFQ CONK. cCOW TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY ey George W. Thompson Senior Vice President On this 13th day of June, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly r Vice President of TRAVELERS CASUALTY AND sworn, did depose and say. that he/she is SenioSURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPhat he/she knoY and wstheseals of saidTON UotpoTations that seals corporations described in and which executed the above instrument; affixed tothe a said instrument unareder s ch cor grate Resolutionsthereof.hereof.�she executed the said instrument on behalf of the corporations by authority RD.mX V.oMy commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE CASUALTY AND SURETY COMpANY OF 1, the undersigned, ALTY HAND SURETY COMPANY and t Secretary of TRAVELERS FARMINGTON CASUALTY COMPANY, stock corporations of TRAVELERSey d Certificate of the State offull force and has Connecticut, DO no been revokeREBY CERTIFY and furthermorethat the �lthat the Standing Resolutions sof the Boards of Directo Authority as set remains to forth in the Certificate of Authority, are now to force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Conntxticut. Dated this 12th day of January , 2001 r ANp GPsu4(r roe ' 4 m 1. �• (7 KAMOFO, A O 19 [< 2 0 MAFtFOF0.� 77 i CONN. o,Gt• D COt�N. >. ae! day tiSa+ A df �a By � KoriM.Johanson Assistant Secretary, Bond ACQ CERTIFICATE OF LIABILITY INSURANCE DATE (M //0 0l/12/0l PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Ins. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P . 0. Box 578 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (4687 W. 18th Street Greeley, CO 80632 NSURED -Duran Excavating, Inc. I418 N. 9th Avenue 3reeley, CO 80631 COVERAGES INSURERS AFFORDING COVERAGE INSURERA: ULNA insurance INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE A MIDOM) POLICY EXPIRATION DATE M/DWYY LIMITS A GENERAL LIABILITY X COMM ERCIALGENERAL LIABILITY CLAIMS MADE IN] OCCUR C 10 6 8 2 014 7 4 0 4/ 0 9/ 0 0 0 4/ 0 9/ O 1 EACH OCCURRENCE $1 QQQ Q Q Q FIRE DAMAGE (Any one fire) $300 000 MED EXP (Any one Person) $5 Q Q 0 PERSONAL & ADV INJURY $1 O 0 O 0 0 0 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PE O- LOC PRODUCTS -COMP/OPAGG $2 000 000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS C 10 6 8 2 014 8 8 0 4/ 0 9/ Q Q Q 4/ 0 9/ 01 ! COMBINED SINGLE LIMIT (Ea accident) $1 , 0 0 0 , 000 X BODILY INJURY (Per Person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ $ A EXCESS LIABILITY XI OCCUR El CLAIMS MADE DEDUCTIBLE X RETENTION $10 0 0 0 C 10 815 8 316 9 0 4/ 0 9/ 0 0 0 4/ 0 9/ O 1 EACH OCCURRENCE $1 QQQ 0 0 0 AGGREGATE $1 0 0 Q 0 0 0 $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC157297117 01/01/01 01/01/02 OTH- X r"RVu IT ER E.L. EACH ACCIDENT $1 0 O 0 0 0 E.L. DISEASE - EA EMPLOYEE $100 1 000 E.L. DISEASE - POLICY LIMIT $5 0 Q 0 0 0 A OTHER Installation C1068201474 04/09/00 Floater 04/09/01 Limit: $750,000 !Deductible $500 DESCRIPTION OF OPERATIONSILOCATIONS(VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: State Highway 14/Gateway Park Entrance; Bid No. 5550 City of Fort Collins, Engineer and Engineer's Consultant are named as Additional Insured, as their interest may appear. (City of Fort Collins P. O. Box 580 Ft Collins CO 80522-0580 SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL SAIL 3n DAYSWRITTEN NOTICE TOTH E CERTIFICATE H OLDER NAM ED TOTHE LEFT ACORD25S(7/97)1 of 2 #S174466/M171870 0 ACORD CORPORATION 1988 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CTTV OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Colling.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. By: CONTRACTOR 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. 01V'Y OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE 7/96 Section 00635 Page 1 DATE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: You are hereby notified that on the day of , 20_, Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 14/GATEWAY PARK ENTRANCE; BID NO. 5550. 20 the City of STATE HIGHWAY A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated 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: AATTEST: Title: 7/96 Section 00640 Page 1 Proposed Retaining Walls, S.H. 14/Gateway Park Entrance Road October 30, 2000 Page 5 The information and design criteria provided above are based on the conditions observed during the site visits, our understanding of the construction, and the information contained in the original geotechnical engineering study performed by Kumar & Associates, Inc., Project No. 99-3-100, report date October 1, 1999. 'If the information provided above does not appear to be consistent with the actual conditions in the field and/or the actual proposed construction, please advise at once so that reevaluation of the recommendations can be made. This letter report should be included as an addendum to the project bidding phase. Sincerely, James A. Noll, P.E. SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550 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, 7/96 Section 00650 Page 1 r employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds w for the project. Signed this day of 20 CONTRACTOR By: Title: ATTEST: Secretary a� STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by Witness my hand and official seal. My Commission Expires: Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00660 Page 1 No Text SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. w .w DR one (12/9e) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232.2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(M) Ca uv rvvl WMI It IN IMIb 5VAGt The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials forthe exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 89 - 0170-750 (999) $70 00 CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax number: Business telephone number. Colorado withholding tax account number. EXEMPTION INF:..ORMATION Copies ofcontract pragreement paps (1) identifying the Contracting paMes . -. and (2) containing signatures of Contracting parties must be attached: Name of exempt organization (as shown on contract): Exempt organization-s number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer. J!=i!cer Date: vv rw i vini It G BELOW i rim LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS No Text REVISION OF SECTION 203 ROCK EXCAVATION Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.01(d) shall include the following: This work includes the excavation, manipulation, and placing of all rock materials in the excavations shown on the project plans in conformity with the limits, lines, and grades shown on the plans, or as directed. Subsection 203.05(a) shall include the following: The Contractor shall utilize controlled blasting techniques where required for these excavations to create a stable excavated rock surface of natural appearance. The Contractor shall be responsible for all damage resulting from the use of explosives. Because of safety concerns and rockfall hazards in the project area, cushion blasting shall be used to reduce overbreak and control slope contour. Slope stabilization may also be required on some of the excavation. The Contractor shall conduct the work in a manner that ensures the safety of Contractor employees, CDOT personnel, and the traveling public. 1. Definitions. The term "controlled blasting" is defined as excavation of rock in which various parameters of the blast including hole size, hole depth, hole spacing, burden, charge size, charge distribution, and delay sequence are carefully designed and controlled to provide a distribution of charge that will excavate the rock to the required limits and minimize overbreak, stressing, and fracturing of the rock beyond the design lines. The term "line drilling" refers to a controlled blasting method which includes a single row of closely spaced, unloaded, small diameter holes drilled along the neat excavation line providing a plane of weakness in the rock mass to which the primary blast can break without tearing the final rock surface. Line drilling is not permitted on this project. The term "cushion blasting" refers to a controlled blasting technique involving the drilling of a single row of holes along the neat excavation line which are loaded with light, well -distributed charges and are fired either after the main excavation is removed or in the last delay of a single blast. The term "presplitting" refers to a controlled blasting method involving a single row of holes drilled along the neat excavation line which are loaded and fired before any adjoining excavation area is blasted. Presplitting is not permitted on this project. The term "trial blast' refers to a blast designed to assist in determining the combination of blast parameters which is most appropriate to achieve the desired result as described in this specification. GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) No Text 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 ................................ 3 1.1 Addenda ............................................. I 2.1 Delivery of Bonds .............................3 1.2 Agreement..........................................J 2.2 Copies of Documents,.......................3 1.3 Application for Payment.......................1 2.3 Commencement of Contract 1.4 Asbestos.............................................1 Times; Notice to Proceed 3 1.5 Bid .........1 2.4 Starting the Wort, 1.6 Bidding Documents..............................J, 2.5-2.7 Before Starting Construction; 1.7 Bidding Requirements .........................1 CONTRACTOR's Responsibility 1.8 Bonds ... ......... ..................................... I to Report; Preliminary Schedules; 1.9 Change Order,,,,,,,,,,,,,, d....................... I Delivery of Certificates of 1.10 Contract Documents ........................... J Insurance,,,,,,,,,,,,,,,,,,............-....3-4 1.11 Contract Price,,,,,,,,,,,,, ,,,,,,,,, ,,,,,,,,,1 2.8 Preconstruction Conference 4 1.12 Contract Times,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 2.9 ............... Initially Acceptable Schedules 1.13 CONTRACTOR,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 ..........4 1.14 defective ................ ............................ J 3. CONTRACT DOCUMENTS: INTENT, 1.15 Drawings............................................1 AMENDING, REUSE .......................................... 4 1.16 Effective Date of the Agreement ... d........ 1 3.1-3.2 Intent 4 1.17 ENGINEER.... ........................ d ....... 1 3.3 Reference to Standards and Speci- 1.18 ENGINEER's Consultant ......................I fications of Technical Societies; 1.19 Field Order,,,,,,,,,,,,,,,,,,,,, d.................... 1 Reporting and Resolving Dis- 1.20 General Requirements .............d...........2 crepancies ..........„4-5 1.21 Hazardous Waste................................2 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 ..................................... 3.6 ......... Supplementing Contract 1.23 Liens..................................................2 Documents...................................5 1.24 Milestone ...................................... d..... 3.7 Reuse of Documents,,,,,,,,,,,,,,, j 1.25 Notice of Award 2 1.26 Notice to Proceed.................................2 4. AVAILABILITY OF LANDS; 1.27 OWNER 2 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization................................2 REFERENCE POINTS 5 1.29 PCBs ,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,, ,,,,,,,,,,, 2 4.1 Availability of Lands .............. d...... 5-6 1.30 Petroleum ....................... d........... d....... 4.2 Subsurface and Physical 1.31 Project............ ..................................... 2 Conditions 6 1.32.a Radioactive Material ............................2 4.2.1 Reports and Drawings...................... 1.32.b Regular Working Hours ................. 4.2.2 Limited Reliance by CONTRAC- 1.33 Resident Project Representative,,,,,,,,,,,, 2 TOR Authorized; Technical 1.34 Samples..............................................2 Data..............................-.............6 1.35 Shop Drawings ................................... 2 4.2.3 Notice of Differing Subsurface 1.36 Specifications ...................................... or Physical Conditions..,,,,,,,,,,,,,,,, 6 1.37 Subcontractor ........................... d .......... 4.2.4 ENGINEER's Review,,, 6 1.38 Substantial Completion .....................d., 2 4.2.5 Possible Contract Documents 1.39 Supplementary Conditions...................2 Change,,,,,,,,,,,,.. d.......................... 6 1.40 Supplier..............................................2 4.2.6 Possible Price and Times 1.41 Underground Facilities,,,,,,,,,,, ........... 2-3 Adjustments ............................... -7 1.42 Unit Price Wort.................................3 4.3 Physical Conditions --Underground 1.43 Work ................. 3 Facilities.............................. 1.44 Work Change Directive....... d................3 4.3.1 Shown or Indicated 7 1.45 Written Amendment...........................3.. 4.3.2 Not Shown or Indicated,,,,,,, .,,,,,,,,,,7 4.4 Reference Points,,,,,,,,,,,,, 7 EJCDC GENERAL. CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures; CON- - Hazardous Waste or TRACTOR's Review Prior Radioactive Material....................7-8 to Shop Drawing or Sample -. Submittal....................................16 5. BONDS AND INSURANCE ................................. 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 ^ Bonds 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 OWNER's Liability Insurance ............... Submittals................................ 17 5.6 Property Insurance ..........................9-10 6.29 Continuing the Work .....................17 �- 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTORS General tional Property Insurance.................10 Warranty and Guarantee, .............. 17 5.8 Notice of Cancellation Provsion......... 10 6.31-6.33 Indemnification .........................17-18 ^ 5.9 CONTRACTORs Responsibility 6.34 Survival of Obligations ...................18 for Deductible Amounts...................10 - 5.10 Other Special Insurance ..................... JO 7. OTHER WORK ................................................. 18 5.11 Waiver of Rights................................11 7.1-7.3 Related Work at Site ....................... )8 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 8.2 Replacement of ENGINEER ............ 18 ........................................11 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ...............11 When Due..................................18 6.1-6.2 Supervision and Superintendenc�....... 11 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment " 11-12 and Tests...............................18-19 ^ 6.6 Progress Schedule..............................12 8.5 Insurance ....................................... 19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders...............................19 CONTRACTORs Expense; 8.7 Inspections, Tests and .., Substitute Construction Approvals...................................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEERs Evaluation.............12-13 Terminate CONTRACTOR's _ 6.8-6.11 Concerning Subcontractors, Services......................................19 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights, ........................ J3-14 Responsibilities ,........................... 19 6.12 Patent Fees and Royalties...................14 8.10 Asbestos, PCBs, Petroleum, ^ 6.13 Permits.............................................14 Hazardous Waste or `r 6.14 Laws and Regulations ........................14 Radioactive Material .................... J9 6.15 Taxes ........................................ ... 14-15 8.11 Evidence of Financhl 6.16 Use of Premises. ................................ 15 Arrangements, ............................. 19 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading.....................15 9. ENGINEER'S STATUS DURING 6.19 Record Documents .............................15 CONSTRUCTION .............................................. 6.20 Safety and Protection ................. ...15-16 9.1 OWNERs Representative ................ 19 , 6.21 Safety Representative ................. ........16 9.2 Visits to Site .................................. 19 6.22 Hazard Communication Program*...... 16 9.3 Project Representative ............... 19-21 6.23 Emergencies.....................................16 9.4 Clarifications and Interpre- .. 6.24 Shop Drawings and Samples..............16 tations......................................... 1 9.5 Authorized Variations in Vibrk ........ 21 .. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)^ Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ...................2I 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request .....................27-28 and Payments ................................... 21 13.10 OWNER May Stop the Work ........... 28 9.10 Determinations for Unit Price4...... 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ...........................28 NEER as Initial Interpreter..............z2 13.12 Correction Period .28 9.13 Limitations on ENGINEER's 13.13 Acceptance ofDefective Work 28 Authority and Responsibilities.... 22-23 13.14 ......... OWNER May Correct Defective Work ..................................... 28-29 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change ..............„ 23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment........, 23 COMPLETION ............................. 10.3 Work Not Required by Contract 14.1 Schedule of Values .........................29 Documents.....................................23 14.2 Application for Progress 10.4 Change Orders..................................23 Payment ..................................... 29 10.5 Notification of Surety ........................23 14.3 CONTRACTORS Warranty of Title...........................................29 CHANGE OF CONTRACT PRICE .............................23 14.4-14.7 Review of Applications for I1.1-11.3 Contract Price; Claim for Progress Payments, ................. 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion .................. 30 the Work ................................... 23-24 14.10 Partial Utilization„.,,,,. ............. 30-31 11.4 Cost of the Work...........................24-25 14.11 Final Inspection... ........................31 11.5 Exclusions to Cost of the Work ........25 14.12 Final Application for Payment ........ 31 11.6 CONTRACTOR's Fee........................25 14.13-14.14 Final Payment and Acceptanc@,,,,,..31 11.7 Cost Records ................................. 25-26 14.15 Waiver of Claims ...................... 31-32 11.8 Cash Allowances...............................26 11.9 Unit Price Work.................................26 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 CHANGE OF CONTRACT TIMES ............................26 15.1 OWNER May Suspend Work .......... 32 12.1 Claim for Adjustment ........................26 15.2-15.4 OWNER May Terminate,,....,,.,,,.,, 32 12.2 Time of the Essence.... I......................26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate ................. 32-33 Control ...................................... 26-27 12.4 Delays Beyond OWNER's and 16. DISPUTE RESOLUTION..................................33 CONTRACTOR's Control................27 17. MISCELLANEOUS...........................................33 TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice ................................ 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times.......,.,.„....... 33 DEFECTIVE WORK..................................................77 17.3 Notice of Claim...* ,,_. 13.1 Notice of Defects...............................27 17.4 Cumulative Remedies.....................33 13.2 Access to the Work..,. 27 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included . ...........................33 CONTRACTOR's Cooperation......... 27 17.6 Applicable State Laws ............... 33-34 13.4 OWNER's Responsibilities; Intentionally left blank ....................................... 35 Independent Testing Laboratory,,,,... 27 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities...............................27 Dispute Resolution Agreement...........,,....,,,.GC-AI 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration„ ,,... *... ..........QC -AI tion, Testing or Approval.................27 16.7 Mediation ............................... GC -Al iv E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance........................................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$ ...................... .3.1 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 Specifiications)....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances ................................. 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 Documents ................................ 3.5 Amendment, Written -- in general................J.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ......................... 6.8.2, 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 -- definitionof......................................................1.3 ENGINEER's Responsibility ............................... 9.9 final payment.................9.13.4, 9.13.5, 14.12-14.15 in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment.....................................14.1-14.7 review o.................................................... 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 definitionof.......................................................1..4 Article or Paragraph Number OWNER responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4.5.1, 8.10 possible price and times change ....................... 4.5.2 Authorized Variations in Work,......... 3.6, 6.25, 6.27, 9.5 Availability of Lands ......................................... 4.1, 8.4 Award, Notice of --defined, ...................................... 1.25 Before Starting Construction...............................2.5-2.8 Bid --definition of.........................1.5 (1.1, 1.10, 2.3, 3.3, ........................ 4.2.6.4, 6,13, 11.4.3, 11.9.1) Bidding Documents --definition of...................................................1.6 (6.8.2) Bidding Requirements --definition of..........................................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 form ........................5.6.2 Cancellation Provisions, Insurance ........ 5.4.11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion, ........ 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection, ...................9.13.4, 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 .................... .5,9.11,10.2,10.5,11.2,13.9, ....................... 13.13,13.14,14.7,15.1,15.5 CONTRACTOR's fee.........................................11.6 Cost of the Work general...............................................11.4-11.7 Exclusions to..............................................11.5 Cost Records.....................................................11.7 in general.............1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 Notification of Surety.........................................10.5 Scope of .............. ......... ......... ........10.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 v EJCDC CITY OF FORT COLLLINS MODIFICATIOINSO(REV 9/99)7' 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 Document$ ................. .......3.5 Cash Allowances 11.8 Change of Contract Price.....................................11 Change of Contract Times...................................12 Changes in the Work ..... ......... .................10 CONTRACTOR's fee ..... ......... ................11.6 Cost of the Work11.4-11.7 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 .........................6.12, 6.16, 6.31-6.33 Insurance, Bonds and.......................5.10, 5.13, 10.5 OWNER may terminate ... ......... ........15.2-15.4 OWNER's Responsibility.............................$.6, 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities ............ M..................4.3.2 Record Documents.,....... 6.19 Scope of Change,,,,,,,,,,,,,,,,, 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................................m.....10.2 Scope of change„ ........... ......... .........10.3-10.4 Claims -- against CONTRACTOR....................................6.16 against ENGINEER,,,,.,.. 6.32 against OWNER...............................................0.32 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 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............................................J6.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpretor...... .............9.11 Lump Sum Pricing.........................................11.3.2 Notice of ............................. ...................1.7.3 .......... 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.................14.7 Professional Fees and Court Costs 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............................................. J 1.9.3 Valueof .............. ....................... .............1.1.3 Waiver of --on Final Payment ................. J4.14, 14.15 Work Change Directive , 10.2 written notice required ......................9.11, 11.2, 12.1 Clarifications and Interpretationg ............ 5.6.3, 9.4, 9.11 CleanSite............................................................0.17 Codes of Technical Society, Organization or Association...........................................I......5.3.3 Commencement of Contract Times ...........................7.3 Communications-- general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs .....................(.22 Completion -- Final Application for Payment ..........................,4.12 Final Inspection ................. ......... ...........14.11 Final Payment and Acceptance ................ Partial Utilization........14.10 Substantial Completion ,,1.38, 14.8-14.9 Waiver of Claims............ ......................34.15 ........ Computation of Times...............................17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others. ................................................. §.8-6.11 Conferences -- initially acceptable schedule............................... ?.9 preconstruction,,,,,,,,,,,,,,,,,,, ,,,,,,,,, ............. 2.8 Conflict, Error, Ambiguity, Discrepancy-- CONTRACTOR to Report ..........................2.5, 3.3.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery, Equipment, etc,,,,,,,,,,,,,,,,,, 6A Continuing the Work .................................... 6.29, 10A Contract Documents-- Amending..........................................................3.5 Bonds............................................................. 5.1 vi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances..............................................11.8 Stop Work requirements..................................4.5.2 CONTRACTOR's— Article or Paragraph Number Change of Contract Price .................................... I I Change of Contract Times, .................................. 12 Changes in the Work.................................10.4-10.5 check and verify.................................................2.5 Clarifications and Interpretations ..........................3.2, 3.6, 9.4, 9.11 definition of....................................................J-10 ENGINEER as initial interpreter of .................. 9.11 ENGINEER as OWNER'S representative..............9.1 general3 Insurance...........................................................5.3 Intent........................................................3.1-3.4 minor variations in the Work..............................3.6 OWNER's responsibility to furnish dat4.............. 8.3 OWNER's responsibility to make prompt payment ..........................$.3, 14.4, 14.13 precedence................................................3.1, 3.3.3 Record Documents............................................6.19 Reference to Standards and Specifications of Technical Societies...................................3.3 Related Work.....................................................7.2 Reporting and Resolving Discrepancies,,,,.,,, 2.5, 3.3 Reuseof.............................................................3.7 Supplementing.................................................. 3.6 Termination of ENGINEER's Employment .......... 8.2 Unit Price Work...............................................11.9 variations..........................................3.6, 6.23, 6.27 Visits to Site, ENGINEER's...............................9.2 Contract Price -- adjustment of ...............3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof .......................................................... ) I Decision on Disputes........................................9.11 definition of....................................................J-11 Contract Times -- adjustment of ..........................3.5, 4.1, 9.4, 10.3, 12 Change of................................................12.1-12.4 Commencement of ............................................ 2.3 definition of.....................................................1.12 CONTRACTOR -- Acceptance of Insurance ................................... 5.14 Communications......................................6.2, 6.9.2 Continue Work........................................6.29, 10.4 coordination and scheduling............................4.9.2 definition of.....................................................1.13 Limited Reliance on Technical Data Authorized.........................................4.2.2 May Stop Work or Terminate............................1.5.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7.2, 13.2 Safety and Protection ...................4.3.1.2, 6.16, 6.18, ...........................6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal........................................6.25 Article or Paragraph Number Compensation ........................................... 11.1-11.2 Continuing Obligation.....................................14.15 Defective Work...............................9.6, 13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency............................................6.23 Defects in Work of Others..............................7.3 Differing conditions...................................4.2.3 Discrepancy in Documents,.,,,,,. 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated,,,,,,,,,, 4.3.2 Emergencies.....................................................6.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cost Plus, .......................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .......................0.30 Hazard Communication Programs ......................0.22 Indemnification .........................0.12, 6.16, 6.31-6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipment ....................0.3-6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance..............................................5.4 Notice of Intent to Appeal .........................9.10, 10.4 obligation to perform and complete theWork....................................................6.30 Patent Fees and Royalties, paid for by................6.12 Performance and Other Bonds, ............................ 5.1 Permits, obtained and paid for by........................0.13 Progress Schedule ...........................2.6, 2.8, 2.9, 6.6, . 6.29, 10.4, 15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Wor................................... 10.1 Concerning Subcontractors, Suppliers and Others......................................6.8-6.11 Continuing the Work ..........................6.29, 10.4 CONTRACTOR's expense...........................0.7.1 CONTRACTOR's General Warranty and Guarantee ..... :.................................6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal................6.25 Coordination of Work................................6.9.2 Emergencies ............................................... 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items..............................0.7.3 For Acts and Omissions of Others.............................0.9.1-6.9.2, 9.13 for deductible amounts, insurance. .................. 5.9 general........................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs ........... 6.22 Indemnification ................................... 6.31-6.33 vi[ EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) , Labor, Materials and Equipment..............0.3-6.5 Laws and Regulations..................................6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents, .......................................... 6.27 Patent Fees and Royalties, ............................ h. 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 ......... ........0.24 Shop Drawings and Samples Review by ENGINEER ..................................... 6.26 Site Cleanliness..........................................6.17 Submittal Procedures...................................6.25 Substitute Consiruction Methods and Procedures .................................... 6.7.2 Substitutes and "Or -Equal" Items ................ 0.7.1 Superintendenc............................................. .2 Supervision ......... ......... ......... .........0.1 Survival of Obligations................................6.34 Taxes .................... ......... ........ ......6.15 Tests and Inspections...................................13.5 ToReport ..................................................... 2.5 Use of Premises......................0.16-6.18, 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, .......... i 1.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ................... .20-6.22, 7.2, 13.2 Safety Representative ....................................... 6.21 Shop Drawings and Samples Submittal$ ..... 6.24-6.28 Special Consultants........................................11.4.4 Substitute Construction Methods and Procedure$„6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others .......... 6.8-6.11 Supervision and Superintendeneq......... 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............................................14.3 Written Notice Required -- CONTRACTOR stop Work or terminate ........ 15.5 Reports of Differing Subsurface and Physical Conditions .......................4.2.3 Substantial Completion................................14.8 CONTRACTORS --other .............................................. 7 Contractual Liability Insurance . ............................. 5,4.10 Contractual Time Limits, ............... .12.2 Article or Paragraph Number Coordination— CONTRACTOR's responsibility ........................(.9.2 Copies of Documents ................................................ 2 Correction Period..................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general...................................10.4.1, 13.10-13.14 Acceptance ofDefective Work...........................1;3.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period...",,,,,, ,,,,, ,,,,,,,,, 13.12 OWNER May Correct Defective Work.......,,,,.„13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections ................................... 13.4 Recordsll.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts...............................................11.4.2 CONTRACTOR's Fee ...................................... 11.6 Employee Expenses......................................11.4.5.1 Exclusions to", ..... ............. ............ .....11.5 General11.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment„ „.,,,,,, „.11.4.2 Minor expenses ..............* ."* „ ,...............11.4.5.8 Payroll costs on changes,., ....... .............11.4.1 performed by Subcontractors...........................11.4.3 Recordsll.7 Rentals of construction equipment and machinery......................................11.4.5.3 Royalty payments, permits and license fees .......... ...*............................ 11.4.5.5 Site office and temporary facilities ................11.4.5.2 Special Consultants, CONTRACTOR's............ 11.4.4 Supplemental ............................... ............. 11.4.5 Taxes related to the Work............................1,1.4.5.4 Tests and Inspection .......................................... 13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilitiep..............11.4.5.7 Work after regular hours ................................. 11.4.1 Covering Work...............................................13.6-13.7 Cumulative Remedies .................................... 17.4-17.5 Cutting, fitting and patching............ ......7.2 Data, to be furnished by OWNER.............................$.3 Day --definition of................................................17.2.2 Decisions on Disputes .................................... 9.11, 9.12 defective --definition of...... .............................. .....1.14 defective Work -- Acceptance o(......................................10.4.1, 13.13 vie EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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 ENGINEER's Review......................................4.2.4 Possible Contract Documents Chang@ ............... .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 Agreement.........................16.1-16.6 Disputes, Decisions by ENGINEER ...................9.11-9.12 Documents -- Copiesof...........................................................7.2 Record 6.19 Reuseof. ............................................................3.7 Drawings --definition of..........................................1.15 Easements.............................................................4.1 Effective date of Agreement -- definition of .............1.16 Emergencies.......................................................... 6.23 ENGINEER -- as initial interpreter on disputes ................. definition of.....................................................1.17 Limitations on authority and responsibilities ..... 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 for....... 9.7, 10, 11, 12 Clarifications and Interpretations ..............3.6.3, 9.4 Decisions on Disputes .............................. 9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Items ..........................6.7.3 Liability ...................................................4.32, 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 or).................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions.............................4.2.4 Shop Drawings and Samples, review responsibility .............................................. 6.26 Status During Construction -- authorized variations in the Work..................9.5 Clarifications and Interpretations ..................9.4 Decisions on Dispute........................... .11-9.12 Determinations on Unit Price......................9.10 ENGINEER as Initial Interpreter......... .......... ENGINEEWs Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities..............................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 .........................0.7 error or omissions..................................................0.33 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 allowances...............................11.8 General Provisions..........................................17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references to..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................................17.1 Guarantee of Work --by CONTRACTOR ........ 6.30, 14.12 Hazard Communication Programs ...........................0.22 Hazardous Waste -- definition of.....................................................1.21 general............................................................. 4.5 OWNERS responsibility for...............................8.10 ix EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) . -2- REVISION OF SECTION 203 ROCK EXCAVATION 2. Preliminary Submittals. The following shall be submitted 2 weeks prior to beginning any work involving excavation or explosives: Copies of all forms which will be utilized to meet the submittal requirements of this specification. These will include blast design and blast report forms. Manufacturers' data sheets for all explosives, primers, and initiators to be employed. The proposed excavation plans and procedures, including: (1) Equipment and methods for accessing the work. (2) Equipment and methods for drilling, loading, and firing blast holes. (3) Locations, dimensions, and sequence of blasts. (4) Intended direction of rock movement or delay plan. (5) Methods for removing shot rock from the cut bench. (6) Expected excavation rates. (7) Methods of stabilizing or protecting adjacent structures and vegetation. (8) Proposed method of controlling flyrock. (9) Methods for protecting the traffic and roadway from fallrock caused by the Contractor's excavation operations. Procedures for interfacing with traffic control and for clearing of muck in accordance with Subsection 104.04 and the traffic control specifications. Name and qualifications of person who will be directly responsible for designing, supervising, loading, and firing the blasts. Blasting supervisors shall have a minimum of five years of experience in supervising the loading and firing of charges for rock slope excavations and shall have all licenses and permits required. Proof of current blasting related insurance. 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 by ENGINEER .........................9.6 Tests and Approval,,,,,,,,,,,,,,,,,,,, ,,,,,,,,$,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...................;.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...............5.15 Property..................................................... .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 conditiong .........................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 Documents3.1 CONTRACTOR's Responsibilities .....................0.14 Correction Period, defective Work....................13.12 Cost of the Work, taxes,,,,,,,,,,,,,, ,,,,,,,,,,,,11.4.5.4 definition of.....................................................1.22 general6.14 Indemnification ........................................ 6.31-6.33 Insurance .............................. Precedence................................................3.1, 3.3.3 Reference to....................................................3.3.1 Safety and Protection................................6.20, 13.2 Subcontractors, Suppliers and Others ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections...................................13.5 Use of Premises,,,,,,,,,,,,,,, 6.16 Visits to Site.......................................................9.2 Liability Insurance- -CONTRACTOR's............................................... 5.4 OWNER's...........................................................5.5 Licensed Sureties and Insurers ............................. ..5.3 Liens -- Application for Progress Payment .......................14.2 CONTRACTOR's Warranty of Title....................14.3 Final Application for Payment,,,,,,,,,,,, .......... 14.12 definition of .................... ..........1.23 Waiver of Claims............................................14.15 Limitations on ENGINEER's authority and responsibilities,,,,,,,,,,,,,,, ............................_.....9.13 Limited Reliance by CONTRACTOR Authorized......................................................4.2.2 Maintenance and Operating Manuals -- Final Application for Payment ..........................14.12 Manuals (of others)-- Precedence....................................................3.3.3.1 Reference to in Contract Document$..................3.3.1 Materials and equipment -- furnished by CONTRACTOR, ,,,,0.3 not incorporated in Work ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,14.2 Materials or equipment --equivalent 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......................................0..........17.3 Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts ................................................. 7 Not Shown or Indicated..............................:..........4.3.2 Notice of -- Acceptability of Project,,,,,,,,,,,,,,,,,,,,, ..... 14.13 Award, definition of ,,,,,,,,,,,,,,,,,,,,,,0....... 0.......... J.25 Claim..... .... .. ............ .. .. .. .. .............................1.7.3 Defects,13.1 Differing Subsurface or Physical Conditiong...... 4.2.3 Giving............................................................17.1 Tests and Inspections........................................13.3 Variation, Shop Drawing and Sample ...............0.27 Notice to Proceed -- definition of ......................................... .............1.26 givingof............................................................�3 EJCDC 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 CONTRACTOR, ...............6.9, 9.13 Open Peril policy form, Insuranc@..........................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 of defective Work...........................1,3.13 appoint an ENGINEER......................................8.2 asfiduciary ...............................................5.12-5.13 Availability of Lands, responsibility .....................4.1 definition of.....................................................1.27 data, furnish......................................................8.3 May Correct Defective Work............................1,3.14 May refuse to make payment.............................14.7 May Stop the Work.........................................13.10 May Suspend Work, Terminate............................4.8, 13.10, 15.1-15.4 Payment, make prompt.....................8.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements ...................0.13 purchased insurance requirementq.............. 5.6-5.10 OWNER's-- Acceptance of the Work...........:...................6.30.2.5 Change Orders, obligation to executg.......... 8.6, 10.4 Communications ............................................... 8.1 Coordination of the Work...................................7.4 Disputes, request for decisioq............................9.11 Inspections, tests and approvalg..................0.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEER's Status......................................9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material................$.10 Change Orders ............................................. 8.6 Changes in the Work...................................10.1 communications ............................................8.1 CONTRACTORs responsibilities .................. 8.9 evidence of financial arrangementp...............8.11 inspections, tests and approval*.....................8.7 insurance...................................................... 8.5 lands and easements.....................................8.4 prompt payment by........................................8.3 replacement of ENGINEER ...........................$•2 reports and tests............................................8.4 stop or suspend Work..................8.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................8.8, 15.2 separate representative at sitg..............................9.3 xi testing, independent.........................................13.4 use or occupancy of the Work ..........................5.15, 6.30.2.4, 14.10 written consent or approval w required.........................................9.1, 6.3, 11.4 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) "' Article or Paragraph Number written notice require......................... 7.1, 9.4, 9.11, ....................................11.2, 11.9, 14.7, 15.4 PCBs -- definition of.....................................................1.29 general..............................................................4.5 OWNER's responsibility for...............................5.10 Partial Utilization -- definition of.....................................................1.28 general6.30.2.4, 14.10 Property Insurance............................................5.15 Patent Fees and Royalties ..... ......... ................ 6.12 Payment Bonds...................................................5.1-5.2 Payments, Recommendation of..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title...................J4.3 Final Application for Payment ..........................14.12 Final Inspection..............................................14.11 Final Payment and Acceptance ...............14.13-14.14 general.........................................................$.3, 14 Partial Utilization............................................14.10 Retainage......... ......... ......... .................14.2 Review of Applications for Progress Payments ............................... J4.4-14.7 promptpayment..................................................$.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 Bonds ......... ......... ..............5.1-5.2 Permits 6.13 Petroleum -- definition of.....................................................1.30 general..............................................................4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating to ........................ 4.2.1.2 ENGINEER's review ........................................ 4.2.4 existing structures, ...........................................4.2.2 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 ................................................... 4.2 Subsurface Conditions...................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities-- general......................................................... .3 Not Shown or Indicned....................„........4.3.2 Protection of ......................................... 4.3, 6.20 Article or Paragraph Number Shown or Indicated4.3.1 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,, ,,,,,,,,,,,,,,, ,, , ......... ..... ,,,,,,.,.11 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 Con structioq............ .3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER.....................................8.3 Property Insurance -- Additional.........................................................5.7 general5.6-5.10 Partial Utilization................................5.15, 14.10.2 receipt and application of proceeds .........5.12-5.13 Protection, Safety and..............................6.20-6.21, 13.2 Punch list..........................................................1:4.11 Radioactive Material-- defintionof ................ .....................................1.32 general4.5 OWNER's responsibility for . .............................. $.10 Recommendation of Payment................J4.4, 14.5, 14.13 Record Documents ........................................ i.19, 14.12 Records, procedures for maintaining .... .................2.8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and (or)...................................... 6.14 Rejecting Defective Work..........................................9.6 Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review....................6.28 Remedies, cumulative......................................17.4, 17.5 Removal or Correction ofDefective Work................13.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by OWNER .................... 8.2 Reporting and Resolving Discrepancie................................. 2.5, 3.3.2, 6.14.2 Reports -- and Drawings.................................................4.2.1 and Tests, OWNER's responsibility .....................8A Resident and Project Representative -- definition of....................................................1.33 provision for.............................................................9.3 xii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR's............... 6.2 Responsibilities— CONTRACTOR's-in general..................................6 ENGINEER's-in general........................................9 Limitations on.............................................9.13 OWNER's-in general..............................................8 Retainage ............................................................. 14.2 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..........................................0.18 Safety -- and Protection................................4.3.2, 6.16, 6.18, 7.2, 13.2 ......................................6.20-6.21, general .....................................................6.20-6.23 Representative, CONTRACTOR's......................6.21 Samples -- definition of......................................................1.34 general.....................................................6.24-6.28 Review by CONTRACTOR................................6.25 Review by ENGINEER..............................6.26, 6.27 related Work....................................................6.28 submittal of....................................................6.24.2 submittal procedures.........................................6.25 Schedule of progress.............................7.6, 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 Value............................... 7.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting.......................................................... 6.6 Change of Contract Times .............................. 10.4 Initially Acceptable ...................................... 2.8, 2.9 Preliminary........................................................7.6 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...............................................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......................................................6.17 Site, Visits to -- by ENGINEER .......................................... 9.2, 13.2 byothers..........................................................13.2 "special causes of loss" policy form, insurance........................................................5.6.2 definition of.....................................................1.36 Specifications— defination of....................................................1.36 of Technical Societies, reference t9 ...................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.....................................................7.4 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................................................0.11 Subcontractors --in general.................................6.8-6.11 Subcontracts --required provisions ......... 5.11, 6.11, 11.4.3 Submittals -- Applications for Payment.................................14.2 Maintenance and Operation Manuals..............14.12 Procedures.......................................................0.25 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 ............................0. 30.2.3, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedures....... 6.7.2 Substitutes and "Or Equal" Items...............................6.7 CONTRACTOR's Expense...........................0.7.1.3 ENGINEER's Evaluation.................................6.7.3 "Or-Equal"...................................................0.7.1.1 Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99," Temporary construction facilities 4.1 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,,,,,,,,,,,,,, 0......., ......... 4 2.4 general ............... 0..... ......... ......... ..4.2 Limited Reliance by CONTRACTOR Authorized.................................................4.2.2 Notice of Differing Subsurface or Physical Conditions.........................................4.2.3 Physical Conditions...........................0.......... 4.2.1.2 Possible Contract Documents Change, ...... 00...... 4.2.5 Possible Price andTimes 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.................................................4.2.2 Supervision-- CONTRACTOR's responsibility... .........................¢.I OWNER shall not supervise......... 0..............0.......8.9 ENGINEER shall not supervise ................ 9.2, 9.13.2 Superintendence.....................................0.................6.2 Superintendent, CONTRACTOR's resident................6.2 Supplemental costs..............................................11.4.5 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 Document$..........................3.6 Supplier -- definition of...............................0.....................1.40 principal references to ........... 3.7, 6.5, 6.8-6.11, 6.20, ..........................................0.24, 9.13, 14.12 Waiver of Rights ............................................. JAI Surety -- consent to final payment ... 0....... 0............ J4.12, 14.14 ENGINEER has no duty to................................9.13 Notification of ........ 0.........................10.1, 10.5, 15.2 qualification of ......... 0 ...............5.1-5.3 Survival of Obligations....................................0...... 6.34 Suspend Work, OWNER May ................ 0...... 13.10, 15.1 Suspension of Work and Termination-- ................0.....15 CONTRACTOR May Stop Work orTerminate .................... 0..................0.......15.5 OWNER May Suspend Work.............................J5.1 OWNER May Terminate_....., ...................... 15.2-15.4 Taxes --Payment by CONTRACTOR ...............0.........0.15 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 Article or Paragraph Number Termination -- by CONTRACTOR...........................................15.5 by OWNER........................................8.8, 15.1-15.4 of ENGINEER's employment...............................$.2 Suspension of Work-in general .... ........ .........15 Terms and Adjectives .............................................. 3.4 Tests and Inspections -- Access to the Work, by others ....................„ 13.2 CONTRACTOR's responsibilities ......................13.5 cost of 13.4 covering Work prior to..............................13.6-13.7 Laws and Regulations(or)................................ 13.5 Notice of Defects .............. OWNER May Stop Work.................................13.10 OWNER'S independent testing ..........................13.4 special, required by ENGINEER ..........................9.6 timely notice required ............... ....................................... 13.4 Uncovering the Work, at ENGINEER's request.................................................13.8-13.9 Times -- Adjusting ............................... ............................ 0.6 Change of Contract ............................................ 12 Computation of ............................................... 17.2 Contract Times --definition of ...........................1.12 day.........................................................1.7.2.2 Milestones. * * ilestones..........................................................12 Requirements-- appeals..................................................9.10, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Time$ ................ 2.3 Preconstruction Conference ................. 7.8 schedules.........................................2.6, 2.9, 6.6 Starting the Wor.......................................... 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...................................4.3.2 protection of ................ ...........4.3, 6.20 Shown or Indicated..........................................4.3.1 Unit Price Work-- claims.........................................................1.1.9.3 definition of ............................. ....................... 1.42 general11.9, 14.1, 14.5 Unit Prices-- general11.3.1 Determination for ................... .......... ............. 9.10 Use of Premises................................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 aiv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work --Minor Authorized. ....................................... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER .................................... 9.2 Waiver of Claims --on Final Payment ......................14.15 Waiver of Rights by insured partie$..................5.11, 6.1I 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 otherWork............................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site....................................7.1-7.3 Starting the.......................................................2.4 Stopping by CONTRACTOR.............................1.5.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of......................................................1.44 principal references to.......................3.5.3, 10.1-10.2 Written Amendment -- definition of......................................................1.45 principal references tot ..............1.10, 3.5, 5.10,15.12, 6.8.2, 6.19, 10.1, 10.4, ........................6.6.2, 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations...................................3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR............................7.1, 9.10-9.11, 10.4, 11.2, 12.1 ........................................... by OWNER .....................9.10-9.11, 10.4, 11.2, 13.14 xv R•w EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/90- (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) No Text GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 1.1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement --The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment --The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be 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 4/2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective --An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be fumished 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 famish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order --A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements --Sections of Division 1 of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1 22 b Legal Holidays --shall be those holidays observed by the City of Fort Collins. 1.23. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award —A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER --The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs --Polychlorinated biphenyls. 1.30. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-8 (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 6:00om 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. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications• -Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions --The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier --A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or -3- REVISION OF SECTION 203 ROCK EXCAVATION 3. Additional Submittals. The following shall be submitted as noted herein: Blast Design. A blast design for the initial blast at each rock cut shall be submitted not later than 7 days prior to beginning drilling at that cut location. A blast design shall be submitted for each subsequent blast at that rock cut or foundation excavation not later than 24 hours prior to drilling that blast, only if there are substantial differences from original. All blast designs shall include the following: (1) Plan and section views of proposed drilling pattern, including diameters, spacing, depth, and orientation of drill holes, free faces, burden, and subdrilling. (2) Types, and quantities of explosives proposed for use in each hole, and for each total blast. (3) Distribution of the charge in the holes, priming of each hole, and stemming of holes. (4) Type, sequence, and number of delays, delay pattern, diagram for blast, and type and capacity of initiation devices. (5) Location of the blast including station limits. (6) Signature of blasting supervisor. Blast Report. The Contractor shall furnish the Engineer a blast report of each round which shall be a complete description of each blast conducted. This report shall be furnished to the Engineer no later than 24 hours after the round is fired. The blast report shall include: (1) Date, time, and limits of blast by station and offset from centerline of roadway. (2) Diagram of the blast pattern and delay sequence drawn to scale with diameter, spacing, depth, and orientation for drill holes. Indicate holes not drilled, drilled but not loaded, and changes in spacing, pattern, delays, or loading of holes. (3) General response to drilling action (noting especially any soft zones or voids encountered) and what, if any, adjustments were made in the blast parameters as a result. (4) Quantity of explosives used by weight and number of cartridges per hole and per round, and distribution of explosives in holes. (5) Total number of delays used, number of holes for each delay period, maximum charge per delay, and type of detonators. (6) Powder factor, i.e., the weight of explosives per cubic yard of rock in place as determined from the blast pattern. 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 famish 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 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. in me event will the Centraet Times ef Bid e9farrienee te run later thari the sixtieth day after the day eF the thirtieth 'afieF the "etive Date nfthe Ag + ' • 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 acceptable 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 and ^ *; R shall each deliver to the ether OWNER, with copies to identifies H the S -iej —efiditieri ENGINEER, certificates of insurance (and other evidence of insurance reasonably --request requested by OWNERI which CONTRACTOR is required to purchase and maintain in accordance with paragraphs Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, al least ten days bec-.....n....issien Bfthe fi. . before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as appropriate 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 w 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 4" 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, P error, ambiguity or discrepancy unless •-µ 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 ! w Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or 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 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. of er filing a fneehaftie's lien against sueh lands in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. .. �. - Na ., - ., _ - ----------- !lyl�fyrT�� _ .. .. ., ra .,ARM— E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) ARTICLE 5—BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall famish 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 Stafi Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's 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 duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER shal %di w' .r 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; wo 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 when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12;and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 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: ON ', .1 ...i .eh Aef rill as Fney be speeifisally required by the Supplementary Geadifiens; limited to fees —and ehaFges eC engineeFs nd- I• 1 • 1. _ • . • • I. 1 PY MINN Wo 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others ie • MMKAOIM_ AWAIWOW -0,01-010 M.100 li�i!l+lWQ: . EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) 10 H,/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) _ •_ 1. _ 41,11 1.M • MA., 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 parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required ... —itin ' �y:: ,.6 vj any -Pawjin kiterest; OWNER as for 1. J give lead prc,pe' f.. e__anee . fseeh dutie,. Acceptance of Bonds and Insurance, Option to Replace: 5.14. If either (03A9 ED v. CONTRACTOR OWNER has ~any objection to the coverage affordr= d by or other provisions of the Bends er insurance required to be purchased and maintained by the other pany CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the ebjeeting aFty shag, so eti fy the ..are_ . w.. OWNER will notify CONTRACTOR in writing within ten fifteen days after reeeipt delivery of the certificates (er etheF evidenee requested) to OWNER as required by paragraph 2.7. OWNED and `ONTP ATOP shall eaeb pr-eva to h sr pI'ded as the ether may —reasonably request if either n3rpr d . _ , e . :~taro all of areBends an a Fnsurar�ee required e€ sueh Pa �--by the Centfae aPa Ay J i the �ethe_ .=.ter=p��-m writing of such failure to .� _,.ha r tstaA c w ar Bend, or insufanee to eteet , eh ether- r J eaverage, and a Ghange Order shall be issued to adjust r~~...~et Prise e ,._a:..,.,.. Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 CONTRACTORS 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 requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday. Sunday Holidays or outside the Regular Working Hours. 11 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, 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. 6.4.1. 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 burn hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the 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 EJCDC 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 material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: -M 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" w 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. 41 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 fumish or use a substitute item of material or equipment, CONTRACTOR shall first make , written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will .� perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will _. state the extent, if any, to which the evaluation and acceptance of the proposed substitute will .— prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not -� acceptance of the substitute for use in the Work will require a change in any of the Contract -- Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use ^+ of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and ^' available maintenance, repair and replacement service will be indicated. The application will " also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected r w 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 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR'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. E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6_9. CONTRACTOR shall Perform not less than 20 Percent of the Work with its own forces (that is without subcontracting). The 20 percent reouirement shall be understood to refer to the Work the value of which totals not less than 20 Percent of the Contract Price. 6.8.2. r a• Bidding Documents require e 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 in date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,—awl--W CONTRACTOR has submitted _ list t 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) e€ will constitute a condition of the Contract requiring the use of the named subcontractors suppliers or other Persons or organization on the Work unless prior written 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. 6.9.1. 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's 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 furnish to any subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications 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. is with a e w . e. - a._..rr .,re.hO is listed as additienati insuFed en the r_-e _eFtyiRSHFaRee prwAded -in rr agai— OWNER, lieF will nAT!`TATLCD CAT!"'TATCEX8 Ge_sulte_.s and all other the 1Yerie 1 _el;. e- Fequ . Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 14 w/ 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 CONTRACTOR'S compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall 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 permanently incorporated into the Project. Said taxes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex -4- REVISION OF SECTION 203 ROCK EXCAVATION (7) Name and signature of blasting supervisor (8) An evaluation of the blast indicating areas of significant overbreak and planned adjustments to the blast design for the next blast. (9) Unusual occurrences (including rock falls„ unstable ground, groundwater problems, and equipment malfunction, and the location elevation, and time of each occurrence). 4. General. Excavation operations shall be conducted to achieve the objectives established in Subsection 203.05(a)2. The Contractor shall notify the Engineer not less than 14 days before beginning rock excavation. The Contractor shall not excavate beyond the dimensions and elevations established except as specified. The Contractor shall not excavate materials in the rock cut areas prior to the slope staking of the site. 5. General Excavation Requirements. The Contractor will not be allowed to perform any blasting for work required under this section until all previous requirements are fulfilled. Where the limits of the rock cuts are in close proximity to existing joints, the Contractor shall treat these joints as the limits of the cut and shall exercise due care to break the rock back to such joints without affecting the character of the rock mass behind such joints. Techniques that leave excessive drill hole traces on the rock surface will not be acceptable on excavated surfaces which will be exposed after final grading. The faces of cut slopes shall be formed in conformance with the rock sculpting concepts in Subsection 203.05(a)9, as shown on the plans, and as directed by the Engineer. The Contractor shall take precaution to avoid damage or excessive overbreak of rock below and beyond the lines of excavation. All rock on the cut face that is loose, hanging, or which creates a potentially dangerous situation shall be removed or stabilized, to the Engineer's satisfaction, during or upon completion of the excavation in each lift. Drilling of the next lift will not proceed until this work has been completed. The slopes shall be scaled throughout the span of the contract and at such frequency as required to remove all hazardous loose rock or overhangs. The slopes shall be scaled using the suitable standard steel mine scaling rod. Subject to the Engineer's approval, other methods such as machine scaling, hydraulic splitters, or light blasting may be used in lieu of or to supplement hand scaling. Payment for scaling shall be incidental to the contract unit price for Unclassified Excavation (CIP). 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado Reeional 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 any items other than construction and building materials physically incorporated into the vroiect are to be paid by CONTRACTOR and are to be included in appropriate 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 parry 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: EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples. 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, ^ 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and 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: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any 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, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish 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 furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation 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 Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any 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 all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work 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 and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 18 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. maintainingand and r er y _hs 5.5 a,.... gh c 10. 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 furnish the Work in accordance with the Contract Documents. i 6. 110. AQ__ -------------- ., .. - _ . Mo. W.. 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEERSs visits and on -site observations are subject to all the limitations on ENGINEER' 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 furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 atid in the Supplementary Eenditien 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 pa�raph 9.3 9.3.2. Duties and Responsibilities Representative will: 9.3.2.1.Schedules - Review the progress 19 schedule and other schedules prepared by the modification in Drawings or Specifications and CONTRACTOR and consult with the report these recommendations to ENGINEER. ENGINEER concerning acceptability. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER. 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as RrecorMction conferences, progress meetings and other Job conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR, working 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 Drawing 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 determining 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 Proiect, record the results of these inspections and report to the ENGINEER. 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EiCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 20 w( CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 9.3.2.7. Records. 9.3.2.7.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and maior suppliers of equipment and materials. 9.3.2.8. Reports. 9.3.2.8.1. Furnish ENGINEER periodic resorts, 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. noting particularly the relationship of the payment requested to the schedule of values work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion. submit to CONTRACTOR a list of observed items requiring correction or completion. 9.3.2.10.2. Conduct final inspection 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 CONTRACTOR. 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, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work. 9.3.3.6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 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' 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' 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 ENGINEERSs 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 party'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 EICDC GENERAL CONDITIONS 1910-5 (1990 Edition) 22 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1 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 y . 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 " 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority ^ or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. ! 9.13.2. ENGINEER will not supervise, direct, .+ control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or .. organization 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 .r responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I 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 ETCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 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 i-e'' butot be limited to-, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and-Fetirement benefits; 4ew sesr applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EICDC GENERAL CONDITIONS 1910-5 (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 determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs l l.4, 11.5, 11.6 and 113. 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. a 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 REVISION OF SECTION 203 -5- ROCK EXCAVATION The Contractor shall provide surveyed points on 100 ft. stations, indicating grade and center line offset on the backslope after each lift has been excavated and before drilling begins for the next lift. This work shall be performed under the supervision of a Licensed Professional Surveyor in the State of Colorado. 6. General Blasting Requirements. Controlled blasting shall be used for all drill and blast operations required to carry out the work. Cushion blasting shall be used for rock excavation. The use of line drilling, or presplitting methods is prohibited for this project without written approval of the Engineer. Blasts shall be designed so as not to induce a particle velocity greater than 1 inch per second at distances greater than 200 ft. from the shot, or at any existing structure. If blast particle velocity exceeds this value, the Contractor shall modify charge weight per delay, sequence, and other applicable blast parameters to achieve acceptable vibration levels. Blasting at distances less than 200 ft. from concrete which has not developed 0.8 of design compressive strength is prohibited. The Contractor shall conduct initial blasts at the first rock cut in conformance with the limitations of this specification as required by the Engineer. These limitations shall remain in effect, unless the Contractor can demonstrate through subsequent trial blasts that the desired results can be achieved where said limitations are exceeded. Trial blasts shall be located as approved by the Engineer and designed such that the blast will not break back to the final excavation backslope or down to the final grade elevation. Where the limits of the rock cuts are defined by existing joints, perimeter holes shall be drilled and loaded to prevent backbreak beyond the joints. Care shall be taken to avoid sub -drilling into the back face of said joints. The production blast holes shall be sequenced to provide the highest degree of relief to the final excavation surfaces. Sequencing shall be arranged to protect existing structures, utilities, and highway. The rock on this project is not homogenous. The Contractor shall be responsible for adjusting blast parameters as required by the existing rock conditions, in order to comply with all other specifications. The precise time of blast initiation for each blast shall be furnished to the Engineer by the Contractor, through his Traffic Control Supervisor, at least 12 hours prior to such blast and confirmed thirty (30) minutes prior to the blast by phone or traffic control radio network. 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 CONTRACTOR's fee. It however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR' 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' fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five peFeent of the afneunt paid te the neia leweF tiff Subee=,raeter to be negotiated in good faith with the OWNER but not to exceed five percent of the amount oaid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5,inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR'S overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 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. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. 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 reasonableems for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be 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, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 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 ene yea f two year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNEWs 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 E]CDC GENERAL CONDITIONS 1910-9 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of ene-yea two Year 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 connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOWs tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship By executing the application for payment form 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 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER 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 enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EiCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 30 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial 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: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Protect manual. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subiect to Paragraph 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 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by 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 furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. 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 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17--MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. 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 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42oo0) 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 parry'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 of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included. 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to this Agreement. Reference to two Pertinent Colorado statutes are as follows; 17.6.2. If a claim is filed OWNER is required by 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 34 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) -6- REVISION OF SECTION 203 ROCK EXCAVATION All blasting operations shall be scheduled with other Contractors through the project Traffic Control Supervisor. If necessary, the Contractor shall reschedule the blast to another time to better synchronize all activities on the project to alleviate traffic delays, material shortages, delays in concrete deliveries, etc. 7. Specific Blasting Requirements. Non -electric detonation systems shall be used, unless another detonation system is approved by the Engineer. Cap and fuse or safety fuse is prohibited for this project. The Contractor will be allowed to use one electric blasting cap per round to initiate the shot. The electric blasting cap shall not be tied into the blasting circuit until traffic has been stopped and the area secured. Pourable explosives or emulsions shall not be used in cushion holes. The maximum charge diameter in cushion holes shall not exceed 1.25 inches, unless the Contractor can demonstrate through trial blasting that a greater amount of explosive is acceptable. Excavation lifts shall be maximum of 24 ft. in height and sized such that the requirements of the traffic control specifications are fulfilled. Excavation shall be staged to allow rock reinforcement as the cut is brought down. Drilling of the next lift will not be permitted until all rock reinforcement for the preceding lift is completed. Cushion blast holes shall not deviate from the neat excavation line by more than 12 inches unless directed by the Engineer. If a joint which has been identified as the final excavation surface is intersected during drilling, the bottom hole shall be stemmed to a distance of at least 12 inches above the joint. The Contractor shall use blasting mats suitable to prevent flyrock during each round fired. At the request of the Contractor and upon demonstration that flyrock can be prevented by other means, elimination of the blasting mat may be approved by the Engineer. Elimination of the blasting mat requirement shall not relieve the Contractor of his responsibility for damages caused by blasting. 8. Rock Sculpting Requirements. The purpose of the rock sculpting concept is to achieve the appearance of natural -looking rock cut faces. The Contractor shall take advantage of existing seams and joints in the rock mass to cause the rock to breakback to such features as to obtain a natural appearance along the face of the rock cut. Sculpted rock surfaces and surfaces that follow existing seams and joints in the rock mass may deviate locally from average cut slopes shown on the plans, as directed b the Engineer. 9. Blast Monitoring. Blast induced vibrations shall be monitored by the Contractor for every blast. Data will be made available to the Engineer upon request. The Contractor's seismograph equipment must meet the following requirements: (This page left blank intentionally.) EiCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 36 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -AI EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) GC -Al w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) SECTION 00800 SUPPLEMENTARY CONDITIONS MmM r1 �� w �Y �^ �� n� 4�' �� M�4 ^\ /�11 \M� /� Y+M SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: See Geotechnical Engineering Study And Pavement Thickness Design For Water Treatment Plant No. 1 Entrance, Highway 14 prepared by Kumar & Associates, Inc. Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: Drawings included in Geotechnical Engineering Study 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: 00800-1 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule 10 days lost due to abnormal weather conditions. 00800-2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 9/99 No Text -7- REVISION OF SECTION 203 ROCK EXCAVATION Equipped with a self triggering device. Capable of measuring vibrations in all three planes. Automatically calculate peak resultant particle velocity. Capable of providing a hard copy of the wave form and a summary of the results 10. Contractor shall take such measures as necessary to protect the existing water storage tank from damage due to flying rock, shock or vibration. In Subsection 203.12(a) delete the fourth paragraph and replace with the following: Overbreak. The Contractor shall bear the expense of excavation outside the lines and grades shown on the plans or outside the limits established by the Engineer. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550 CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change ordgrs approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 Cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: 9/99 Section 00950 Page 1 No Text Section 00960 Application for Payment Insert pages 1 - 4 9/99 No Text § @($§§ • - 2§0 z g«--. ev0rj )e§!§ � . } ! .. } � . | � � ■ a . ! } � ! ; 2 ! � £ § f � 2�- j !� ! HAI J I )! 2 / ƒ! ! I} � � ƒ § § ! § 2� � � . ■ a � ! �f } } � 7 ! 7 � IN . r 3�_ 8�88388$$8.88=z$�a3-a888gggs388�S,$8$ 8 ... e • �$$$g'88$gg'b,$$s�sggg$8$$888g'b$$$$'a,3 $ ...« M M N N M M N N N M M N M N M M N M M M M M N M N N N N M N M N M N C r U c Q M.� . 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F e edee0000eeeoeee e e L ISE U e � ' 3 � 888888888858888 8 8 edeede-eMM NN eodeeeec o e M M M N N M NM M M M M N L yaafi S88S88888888885 S 8 - • vev000veeev000e e e M M N N N M N N M M» M M N M N N • W Q Q 0 ' Zt� Y T lei t O u g M 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 Clean Air Page 3 Recycled Products Page 4 Davis -Bacon Act Page 4-9 Contract Work Hours and Safety Standards Act Page 9-10 Copeland Anti -Kickback Act Page 11 No Government Obligation to Third Parties Page 11 Program Fraud and False or Fraudulent Statements Page 11 Termination Page 12-14 Governmentwide Debarment and Suspension (Nonprocurement) Page 14-15 Privacy Act Page 16 Civil Rights Requirements Page 16-17 Breaches and Dispute Resolution Page 17 Patent and Rights in Data Page 18-20 Disadvantaged Business Enterprise (DBE) Page 20-22 Interests of Members of or Delegates to Congress Page 22 Prohibited Interest Page 22 Incorporation of Federal Transit Administration (FTA) Terms Page 22-23 ATTACHMENTS: Attachment 1 Buy America Requirements 2 pages Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements 1 page No Text November 7, 2000 CITY OF FORT COLLINS PLANHOLDERS LIST FOR BID #5550 STATE HIGHWAY 14/GATEWAY PARK ENTRANCE MOUNTAIN CONSTRUCTORS P.O. BOX 405 PLATTEVILLE, CO 80651 PH 970-785-6161 FAX 970-785-2515 ROCKY MOUNTAIN SAFETY 1211 E. FOX FARM RD. CHEYENNE, WY 82007 PH 970-532-3314 FAX 307-638-4857 LEFT HAND EXCAVATING 7733 N. 73RD LONGMONT, CO 80503 PH 303-651-0727 FAX 303-651-0727 CONNELLRESOURCES 4305 E HARMONY FT. COLLINS, CO 80528-9527 PH 970-223-3151 FAX 970-223-3191 WALSH CONST. 5828 N. ST. LOUIS AVE LOVELAND, CO 80538-1215 PH 970-622-8227 FAX 970-278-9396 AGGREGATE INDUSTRIES P O BOX 3121 GREELEY CO 80633 PH 970 336-6525 FAX 970 378-6856 G L HOFF P.O. BOX 7448 LOVELAND, CO 8037-1448 PH 970-669-3255 FAX 970-663-1566 BATH INC. 2000 E PROSPECT FT. COLLINS, CO 80525 PH 970-484-5022 FAX 970-484-3718 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 -ladies) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment material or commodities by ocean vessel SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Page 1 CLEAN WATE 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 M . 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.§ 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 — Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Not applicable 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or 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. 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.§ 7401 gt 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. Page 3 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 USC§276a -276a-5 (1995) 29 CFR§ 5 (1995) _ The language in this clause is mandated under the DOL regulations at 29 C.F.R.§5.5.) (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; -. also, regular contributions made or costs incurred for more than a weekly period (but not less _ often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than -_ one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employees payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis -Bacon poster (WH-1 321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be .. easily seen by the workers. (ii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or _ mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide -- fringe benefit or an hourly cash equivalent thereof. (iii) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Page 4 Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (iv) (A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 2021 0. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (1)(iv) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of Page 5 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the [ insert name of grantee ] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. ^ (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification - of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the [insert name of grantee ] for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal _ Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained —. under 29 CFR part 5 and that such information is correct and complete; - (2) That each laborer or mechanic (including each helper, apprentice, and trainee) ,. employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been �- made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as .w Page 6 specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1 001 of title 1 8 and section 231 of title 31 of the United States Code. (iii The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in Page 7 accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to — utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. - (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, -- evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall — be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount 4 of fringe benefits listed on the wage determination unless the Administrator of the Wage — and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted — under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no .. longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. - (iii) Equal employment oR oc rtunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity -- requirements of Executive Order 1 1 246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the — subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. — (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations _. of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. - (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions Page 8 of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C.§ 827 -333 (1995) 29 C.F.R.§ 5 (1995) 29 C.F.R.§ 1926 (1995) Pursuant to Section 102 (Overtime): (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $ 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The City of Fort Collins shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in Page 9 any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. (5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act, the contractor shall y maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. �- Section 107 (OSHA): Contract Work Hours and Safety Standards Act (i) The Contractor agrees to comply with section 107 of the Contract t Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. (ii) Subcontracts - The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract `- involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor' if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other `. customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or ... articles normally available on the open market. Page 10 City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 1 BID #5550 STATE HIGHWAY 14/GATEWAY PARK ENTRANCE SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5550 State Highway 14/Gateway Park Entrance OPENING DATE: November 15, 2000, 3:00p.m. To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. The Bid Opening date has been changed from November 15, 2000 to 3:00p.m., November 21, 2000. The following list of items is for clarification for the project: 1. Non -working day — Will be determined by using the criteria described in the CDOT Standard Specifications 2. Contract Time — Contract time has been adjusted from a 120 calendar day time to a designated completion date. The Contract Must Be Completed By April 30, 2000. 3. Topsoil — The Stockpile Topsoil item has been revised to Topsoil and will be required per CDOT Standard Specifications section 207. Topsoil placement locations are outlined in the plans. Topsoil shall be placed on slopes "flatte'than 1:1 4. MSE Wall — This item has been revised to MSE Wall — Standard Stacking Pattern. This item shall account for all costs required per the specifications with the block being stacked in a standard pattern. 5. MSE Wall Color — The color of the block shall be Davis Color "PEWTER" or an approved equivalent. 6. Alternate Item — MSE Wall - Detailed Stacking Pattern has been added as an alternate bid item. This item shall account for all additional costs required to attain the specific detailed stacking pattern as shown in Detail Al. Detail A-1 appears as an attachment to this addendum. This item should only include the additional costs associated with the stacking pattern 7. Silt Fence — Silt fence shall be placed along the edge of the existing gravel access road closest to the river. This existing road appears as two parallel dashed lines and runs along the top of the bank of the Poudre River. The extent of the silt fence placement shall be determined in the field at the time of construction. The bid item quantity remains unchanged. 8. Blasting — Requirements for this work have been outlined in the specifications. Additional 256 W Mountain Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 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 00450 CDOT FORMS 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 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 8 Pages 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 -All - GC-A2 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-2 COPELAND ANTI -KICKBACK ACT 40 U.S.C. § 276c (1995) 29 C.F.R. § 3 (1995) 29 C.F.R. § 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 §5.5(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 a parry to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et 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.§ 3801 gt seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.§ 5307, the Government reserves the right to impose the penalties of 18 U.S.C.§ 1001 and 49 U.S.C.§ 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Page 11 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 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. — e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the ... Contractor fails to comply with any other provisions of this contract, the 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. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in Page 12 default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. f. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the 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 default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the City of Fort Collins, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and the City of Fort Collins shall agree on payment for the Preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City of Fort Collins. g. 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 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. h. Termination for Convenience or Default (Architect and Engineering) The City of Fort Page 13 Collins may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall - (1) immediately discontinue all services affected (unless -the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, ._ estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an Equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. - If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. Termination for Convenience of Default (Cost -Type Contracts) The City of Fort Collins may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. _ The notice shall state whether the termination is for convenience of the City of Fort Collins or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the City of Fort Collins, or property supplied to the Contractor by the City of Fort Collins. If the termination is for default, the City of Fort Collins may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid its Contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the Work performed up to the time of termination. If, after serving a notice of termination for default, the City of Fort Collins determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City of Fort Collins, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. -- 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 ^ .: Page 14 placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City of Fort Collins may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the City of Fort Collins if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact the City of Fort Collins for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City of Fort Collins. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 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. 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.§ 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. Page 15 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.§ 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.§ 623, 42 U.S.C.§ 2000 42 U.S.C.§ 6102, 42 U.S.C.§ 12112 — 42 U.S.C.§ 12132, 49 U.S.C.§ 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.§ 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C.§ 12132, and Federal — transit law at 49 U.S.C.§ 5332, the Contractor agrees that it will not discriminate against any _ employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Op oo rtunb - 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.§ 2000e, and Federal transit laws at 49 U.S.C.§ 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 P = (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.§ 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction — activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, Page 16 recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C.§ 623 and Federal transit law at 49 U.S.C.§ 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C.§ 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.1 D Pick applicable clause: Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City of Fort Collins's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City of Fort Collins, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City 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. Page 17 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.§ 18.34 and 49 C.F.R.§ 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 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 w 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 Page 18 •• 0 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 fumished 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. (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 ". , 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 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. 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 Page 19 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 Contractors 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 �µ 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 w_ part with Federal assistance provided by FTA. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23 DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. _.. DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409 -- CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, all grantees and vendors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that the DBE have the maximum opportunity and shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. Disadvantaged Business Enterprise Provision The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to match projected procurements with available qualified disadvantaged businesses. the City of Fort Collins goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by the City of Fort Collins as set forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from this request for proposal. If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBE's in the work provided, the City of Fort Collins may declare the Contractor noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that nQ specific goal is assigned to this contract. .. (a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum opportunity to participate in the - performance of Contract financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and Section Page 20 SECTION 00020 INVITATION TO BID 106(c) of the STURAA of 1987, apply to this Contract. The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds provided under this Agreement. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with the regulations to ensure that DBEs have the maximum opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in the award and performance of subcontracts. It is further the policy of the City of Fort Collins to promote the development and increase the participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of the City of Fort Collins procurement activities are encouraged. (b) DBE obligation - The Contractor and its subcontractors agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under the Agreement. In that regard, all Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. (c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to involve DBE's in the work provided, the City of Fort Collins may declare the contractor noncompliant and in breach of contract. (d) The Contractor will keep records and documents for a reasonable time following performance of this contract to indicate compliance with the City of Fort Collins DBE program. These records and documents will be made available at reasonable times and places for inspection by any authorized representative of the City of Fort Collins and will be submitted to the City of Fort Collins upon request. (e) the City of Fort Collins will provide affirmative assistance as may be reasonable and necessary to assist the prime contractor in implementing their programs for DBE participation. The assistance may include the following upon request: * Identification of qualified DBE " Available listing of Minority Assistance Agencies * Holding bid conferences to emphasize requirements 2. DBE Program Definitions, as used in the contract: (a) Disadvantaged business "means a small business concern": i. Which is 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 ii. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. or iii. Which is at least 51 percent owned by one or more women individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one or more women individuals; and Page 21 iv. Whose management and daily business operations are controlled by one or more women individuals who own it. ' (b) "Small business concern" means a small business as defined by Section 3 of the Small Business Act and Appendix B - (Section 106(c)) Determinations of Business Size. (c) "Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully admitted permanent residents) and who are black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, or women, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to section ,-- 8(a) of the Small Business Act. i. "Black Americans", which includes persons having origins in any of the Black racial groups of Africa; ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; - iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas; V. "Asian -Indian Americans", which includes persons whose origins are from India, Pakistan, and Bangladesh. 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. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.ID Incorporation of Federal Transit Administration (FTA) Terns - 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 Page 22 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 23 Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323U)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 CFR Part 661. Date Signature Company Name Title Page 24 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-fuded 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(f)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or 0)(2)(D) and the regulations in 49 CFR 661.7. Date Signature Company Name Title Page 25 Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. -- 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, at seq .)] — (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts _ under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a — prerequisite for making or entering into this transaction imposed by 31, U.S.C.§ 1352 (as amended by the Lobbying Disclosure.Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. — [Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] -� The Contractor, certifies or affirms the Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the -. Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, at seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official .., Name and Title of Contractor's Authorized Official Date Page 26 ., Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 STATE HIGHWAY NO.141 GATEWAY PARK SPECIAL PROVISIONS The 1999 Standard Specifications for Road and Bridge Construction controls construction of 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. PROJECT SPECIAL PROVISIONS Index Pages Notice to Bidders Commencement and Completion of Work Contract Goal Revision of Section 101 — Definition of Terms Revision of Section 107-- Liability Insurance Revision of Section 108—Prosecution and Progress Revision of Section 203 Embankment and Borrow Material Revision of Section 203 — Rock Excavation Revision of Section 206 and 504 — Concrete Block Facing MSE Walls Revision of Section 213 — Landscape Boulder Revision of Section 214 — Planting Materials Revision of Section 304 — Aggregate Base Course Revision of Section 403--Hot Bituminous Pavement Revision of Section 626 and 708 — Pavement Marking with Waterborne Paint and Low VOC Solvent Base Paint Revision of Section 630 — Retroreflective Sheeting Rock Staining Force Account Items Utilities Page 1-2 3 4 5 6 7 8 9 10-16 17-24 25 26 27 28-30 31-35 36 37 38 39 I:%W332V.DNI MSPECSXM44332Pm1Spe doe 1 Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 STATE HIGHWAY NO.14 / GATEWAY PARK STANDARD SPECIAL PROVISIONS Date No. of Pages Revision of Section 105 — Contractor Submittals (Aug. 11, 2000) 1 Revision of Sections 106 and 620 — Qualifications of Testing Personnel (Aug. 20, 1999) 1 Revision of Section 109 — Measurement of Quantities (July 21, 1999) 1 Revision of Section 208 —Erosion Control (July 21, 1999) 2 Revision of Section 401 — Plant Mix Pavements - General (June 8, 2000) 1 Revision of Section 401 — Weather Limitations and Placement Temperatures (July 21, 1999) 2 Revision of Sections 401 and 703 — Composition of Mixtures (Non -Voids Acceptance) (Aug. 20, 1999) 3 Revision of Section 630 — NCHRP 350 Requirements (July 21, 1999) 1 Affirmative Action Requirements — Equal Employment Opportunity (July 21, 1999) 10 Disadvantaged Business Enterprise — Definitions and Requirements (July 19, 2000) 10 Minimum Wages Colorado, U.S. Department of Labor Decision No. C0000001, Mod 8, Heavy and Highway Construction, Statewide (Sep. 8, 2000) 8 On the Job Training (July 21, 1999) 4 Required Contract Provisions — Federal -Aid Construction Contracts (July 21, 1999) 11 Special Notice to Contractors (June 8, 2000) 3 I:k6g"332UDMMPECS%8"332PmjSpasd= z W Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details with an authorized Department representative. Prospective bidders shall contact one of the following listed authorized Department representatives at least 12 hours in advance of the time they wish to go over the project. City Project Engineer Jason Stutzman Fort Collins, Park Planning and Development 281 N. College Avenue Fort Collins, Colorado 80524 Office Phone: (970) 221-6366 Fax: (970) 221-6586 Resident Engineer - David Martinez 2207 E. Highway 402 Loveland, Colorado 80537 Office Phone: (970) 667-4670 Fax: (970) 667-4229 The above referenced individuals are the only representatives of the Department with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. kOEN5\C;MINER%6846332WDMIM4PECS168"332PmjSpxs.doe 3 Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the loth day following the date of award unless such time for beginning the work is changed by the Chief Engineer in the "Notice to Proceed." The Contractor shall complete all work within 120 calendar days in accordance with the "Notice to Proceed" and the salient features listed below. Salient features to be shown on the Contractor's Progress Schedule are: 1. Earthwork 2. MSE Walls 3. Aggregate Base Course 4. Hot Bituminous Paving 5. Signing/Striping/Switch Traffic 6. Landscape Restoration Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule shall be a Bar Chart Method Schedule. Subsection 108.06 shall include the following: This contract shall be a Calendar Day Contract. \OEN4\GREINERVA"332\ADMR.PSPECSVA"332Pmj5p=.dm 4 SECTION 00020 INVITATION TO BID Date: October 9, 2000 Sealed Bids will be received by the City of Port Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 256 West Mountain Avenue, Fort Collins, Colorado until 3:00 P.M., our clock, on November 15, 2000, for the State Highway 14/Gateway Park Entrance; Bid No. 5550. 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 approximately 1000 feet of new access road, construction of an MSE retaining wall, construction of turn lanes on State Highway 14, and installation of landscape restoration. The contract goal for participation in this Contract by certified DBEs who have been determined to be underutilized has been established as 6.9 percent. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 256 West Mountain Avenue, Fort Collins, Colorado 80521. Contract Documents will be available Tuesday, October 10, 2000. Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 256 West Mountain Avenue, 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. City of Fort Collins, Park Planning and Development, (hereinafter referred to as the ENGINEER). 3. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado. 4. CMD Denver Plan Room, 9250 E Costilla Ave, STE 400, Englewood, CO 5. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 6. The Plan Room, 2176 South Jasmine St. Door "Ell/Suite 219, Denver, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m. on Wednesday, October 25, 2000 at the Conference Room at 281 North College, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. 7/96 Section 00020 Page 1 Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 CONTRACT GOAL (COMBINED) The Department has determined that underutilized Disadvantaged Business Enterprises (DBEs) will participate by contracting for a part of the work of this Contract. The contract goal for participation in this Contract by certified DBEs who have been determined to be underutilized has been established as follows: African American, Native American, or Asian DBE 1 Percent The percentage will be calculated from proposals received for this project according to the following formula: Percentage = 100 X *Dollar amount of work to be contracted to underutilized DBEs Total dollar amount of the original Contract * Based on DBE contract unit prices rather than prime contract unit prices. NOTE: Specific Good Faith Efforts required to meet the Contract Goal specified above are defined in the Standard Special Provisions. In addition, the Transportation Commission has determined an overall 10% annual goal for the participation of all DBEs. In regard to the overall goal: The participation of Hispanic American and White Women DBE subcontractors in this Contract is voluntary; nevertheless, with respect to all DBE subcontractors, the Contractor is requested to: (1) Attend any pre -solicitation or pre -bid meetings that are scheduled by CDOT to inform DBEs of contracting and subcontracting opportunities; (2) Advertise in general circulation, trade association, and minority -focused media concerning subcontracting opportunities; (3) Provide written notice to a reasonable number of specific DBEs that their interest in the Contract is being solicited in sufficient time to allow the DBEs to participate effectively; (4) Follow up initial solicitations of interest by contacting DBEs to determine with certainty whether the DBEs are interested; (5) Select portions of work to be performed by DBEs in order to increase the likelihood of meeting the DBE goals; (6) Provide interested DBEs with adequate information about the plans specifications, and requirements of the Contract; (7) Negotiate in good faith with interested DBEs, not rejecting DBEs as unqualified without sound reasons based on a thorough investigation of their capabilities; (8) Assist interested DBEs in obtaining bonding, lines of credit, or insurance required by CDOT or Contractor; and (9) Effectively use the services of available minority community organizations; minority contractors' groups; local, state and Federal minority business assistance offices; and other organizations that provide assistance in the recruitment and placement of DBEs. \1DENSGREINER\6864332W DMIWPECS\68U332ProjSpecs.dm Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 REVISION OF SECTION 101 DEFINITION OF TERMS Section 101 of the Standard Specifications is hereby revised for this project as follows: In subsection 101.01, add the following: COFC City of Fort Collins COFC shall be used to replace all references to CDOT, unless specifically referring to a title of a publication, a testing procedure or other proprietary item In subsection 101.15, delete the first paragraph and replace with the following: The written agreement between the City of Fort Collins and the Contractor setting forth the obligations of the parties for the performance of the work and the basis of payment. Delete subsection 101.26 and replace with the following: 101.26 Department. The City of Fort Collins Park Planning and Development Department. Use of r+ "department" when referring specifically to a title of a publication, a testing procedure or other proprietary item, 4 shall mean the Colorado Department of Transportation. In subsection 101.27, replace the word "Chief' with the word "Resident". In subsection 101.32, first paragraph, replace the phrase "State of Colorado" with the phrase "City of Fort Collins". In subsection 101.32, last paragraph, replace the word "State" with the word "City". _ Delete subsection 101.53 and replace with the following: 101.53 Director of Park Planning and Developement. The City's representative, responsible for construction, maintenance and safety activities. The Director is responsible for acting on written appeals made by the `- Contractor relating to contract claims for additional compensation or extension of contract time. �. All uses of the phrase "Region Transportation Director" shall be replaced with the phrase "Director of Public Works". \\DENS\GMNM\6864332WDMMSPECS%944332Proj5p—d- 6 Colorado Project STE M455-041 Construction Project Code 12251 REVISION OF SECTION 107 LIABILITY INSURANCE Section 107 of the Standard Specifications is hereby revised for this project as follows: In subsection 107.15, last paragraph, add the following: October 2, 2000 Policies (2) and (3) above shall also name the Colorado Department of transportation as an additional named insured. \\DEN5\GMNER\6844332W DM IN\SPECS\6844332PmjSpees.dm Colorado Project STE M455-041 Construction Project Code 12251 REVISION OF SECTION 108 PROSECUTION AND PROGRESS October 2, 2000 Section 108 of the Supplemental Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor shall present a preliminary bar chart to the Engineer at or prior to the preconstruction conference. This preliminary bar chart shall show the major features of the project for the entire project time frame. \\DEN5XGMNER\a"332UDNHMSPECS\6844332Proj5pe doe 8 Colorado Project STE M455-041 Construction Project Code 12251 REVISION OF SECTION 203 EMBANKMENT AND BORROW MATERIAL Section 203 of the Standard Specifications is hereby revised for this project as follows: In subsection 203.03, first paragraph, after the second sentence add the following: October 2, 2000 Borrow material used for construction of roadway embankments shall have a resilient modulus of at least R>_20 when tested by the Hveem Stabilometer. In subsection 203.04 include the following: The placement of embankment in the sub -excavated areas shall coincide with the placement of embankment in the adjacent fill areas. \\DEN5XC,REINER\6844332WDMINISPEC5\6844332PmjSpx .doc Colorado Project STE M455-041 Construction Project Code 12251 REVISION OF SECTION 203 ROCK EXCAVATION Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.01(d) shall include the following: October 2, 2000 This work includes the excavation, manipulation, and placing of all rock materials in the excavations shown on the project plans in conformity with the limits, lines, and grades shown on the plans, or as directed. Subsection 203.05(a) shall include the following: The Contractor shall utilize controlled blasting techniques where required for these excavations to create a stable excavated rock surface of natural appearance. The Contractor shall be responsible for all damage resulting from the use of explosives. Because of safety concerns and rockfall hazards in the project area, cushion blasting shall be used to reduce overbreak and control slope contour. Slope stabilization may also be required on some of the excavation. The Contractor shall conduct the work in a ma nner that ensures the safety of Contractor employees, CDOT personnel, and the traveling public. Definitions. The term "controlled blasting' is defined as excavation of rock in which various parameters of the blast including hole size, hole depth, hole spacing, burden, charge size, charge distribution, and delay sequence are carefully designed and controlled to provide a distribution of charge that will excavate the rock to the required limits and minimize overbreak, stressing, and fracturing of the rock beyond the design lines. The term 'line drilling" refers to a controlled blasting method which includes a single row of closely spaced, unloaded, small diameter holes drilled along the neat excavation line providing a plane of weakness in the rock mass to which the primary blast can break without tearing the final rock surface. Line drilling is not permitted on this project. - The term "cushion blasting' refers to a controlled blasting technique involving the drilling of a single row of holes along the neat excavation line which are loaded with light, well -distributed charges and are fired either after the main excavation is removed or in the last delay of a single blast. The term "presplitting" refers to a controlled blasting method involving a single row of holes drilled along the neat excavation line which are loaded and fired before any adjoining excavation area is blasted. Presplitting is not permitted on this project. The term "trial blast" refers to a blast designed to assist in determining the combination of blast parameters which is most appropriate to achieve the desired result as described in this specification. UDEN5\GREINER\6944332WDMIN'SPECS`684d332PmjSPx -dm 10 Colorado Project STE M455-041 Construction Project Code 12251 -2- REVISION OF SECTION 203 ROCK EXCAVATION October 2, 2000 2. Preliminary Submittals. The following shall be submitted 2 weeks prior to beginning any work involving excavation or explosives: Copies of all forms which will be utilized to meet the submittal requirements of this specification. These will include blast design and blast report forms. Manufacturers' data sheets for all explosives, primers, and initiators to be employed. The proposed excavation plans and procedures, including: (1) Equipment and methods for accessing the work. (2) Equipment and methods for drilling, loading, and firing blast holes. (3) Locations, dimensions, and sequence of blasts. (4) Intended direction of rock movement or delay plan. (5) Methods for removing shot rock from the cut bench. (6) Expected excavation rates. (7) Methods of stabilizing or protecting adjacent structures and vegetation. (8) Proposed method of controlling flyrock. (9) Methods for protecting the traffic and roadway from fallrock caused by the Contractor's excavation operations. Procedures for interfacing with traffic control and for clearing of muck in accordance with Subsection 104.04 and the traffic control specifications. Name and qualifications of person who will be directly responsible for designing, supervising, loading, and firing the blasts. Blasting supervisors shall have a minimum of five years of experience in supervising the loading and firing of charges for rock slope excavations and shall have all licenses and permits required. Proof of current blasting related insurance. \\DENS\GRE[NER\68"332WDMIMSPECS\69"332P,ojSpecs.doc 11 Colorado Project STE M455-041 Construction Project Code 12251 -3- REVISION OF SECTION 203 ROCK EXCAVATION 3. Additional Submittals. The following shall be submitted as noted herein: October 2, 2000 Blast Design. A blast design for the initial blast at each rock cut shall be submitted not later than 7 days prior to - beginning drilling at that cut location. A blast design shall be submitted for each subsequent blast at that rock cut �- or foundation excavation not later than 24 hours prior to drilling that blast, only if there are substantial differences from original. All blast designs shall include the following: (1) Plan and section views of proposed drilling pattern, including diameters, spacing, depth, and orientation of drill holes, free faces, burden, and subdrilling. (2) Types, and quantities of explosives proposed for use in each hole, and for each total blast. (3) Distribution of the charge in the holes, priming of each hole, and stemming of holes. (4) Type, sequence, and number of delays, delay pattern, diagram for blast, and type and capacity of initiation devices. _ (5) Location of the blast including station limits. (6) Signature of blasting supervisor. Blast Report. The Contractor shall furnish the Engineer a blast report of each round which shall be a complete description of each blast conducted. This report shall be furnished to the Engineer no later than 24 hours after the round is fired. The blast report shall include: -- (1) Date, time, and limits of blast by station and offset from centerline of roadway. (2) Diagram of the blast pattern and delay sequence drawn to scale with diameter, spacing, depth, and orientation for drill holes. Indicate holes not drilled, drilled but not loaded, and changes in spacing, pattern, delays, or loading of holes. .r (3) General response to drilling action (noting especially any soft zones or voids encountered) and what, if any, adjustments were made in the blast parameters as a result. (4) Quantity of explosives used by weight and number of cartridges per hole and per round, and distribution of explosives in holes. (5) Total number of delays used, number of holes for each delay period, maximum charge per delay, and type of detonators. (6) Powder factor, i.e., the weight of explosives per cubic yard of rock in place as determined from the blast pattern. \\DENS\C,MINM\6a44332WDNUNISPECS\6544332P, jSpe doc 12 Colorado Project STE M455-041 Construction Project Code 12251 -4- REVISION OF SECTION 203 ROCK EXCAVATION (7) Name and signature of blasting supervisor. October 2, 2000 (8) An evaluation of the blast indicating areas of significant overbreak and planned adjustments to the blast design for the next blast. (9) Unusual occurrences (including rock falls„ unstable ground, groundwater problems, and equipment malfunction, and the location elevation, and time of each occurrence). 4. General. Excavation operations shall be conducted to achieve the objectives established in Subsection 203.05(a)2. The Codtractor shall notify the Engineer not less than 14 days before beginning rock excavation. The Contractor shall not excavate beyond the dimensions and elevations established except as specified. The Contractor shall not excavate materials in the rock cut areas prior to the slope staking of the site. General Excavation Requirements. The Contractor will not be allowed to perform any blasting for work required under this section until all previous requirements are fulfilled. Where the limits of the rock cuts are in close proximity to existing joints, the Contractor shall treat these joints as the limits of the cut and shall exercise due care to break the rock back to such joints without affecting the character of the rock mass behind such joints. Techniques that leave excessive drill hole traces on the rock surface will not be acceptable on excavated surfaces which will be exposed after final grading. The faces of cut slopes shall be formed in conformance with the rock sculpting concepts in Subsection 203.05(a)9, as shown on the plans, and as directed by the Engineer. The Contractor shall take precaution to avoid damage or excessive overbreak of rock below and beyond the lines of excavation. All rock on the cut face that is loose, hanging, or which creates a potentially dangerous situation shall be removed or stabilized, to the Engineer's satisfaction, during or upon completion of the excavation in each lift. Drilling of the next lift will not proceed until this work has been completed. The slopes shall be scaled throughout the span of the contract and at such frequency as required to remove all hazardous loose rock or overhangs. The slopes shall be scaled using the suitable standard steel mine scaling rod. Subject to the Engineer's approval, other methods such as machine scaling, hydraulic splitters, or light blasting may be used in lieu of or to supplement hand scaling. Payment for scaling shall be incidental to the contract unit price for Unclassified Excavation (CIP). \ DEN5\GREINER\6866332UDMINISPECS\6844332PmjSpws.dm 13 Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 -5- REVISION OF SECTION 203 ROCK EXCAVATION The Contractor shall provide surveyed points on 100 ft. stations, indicating grade and center line offset on the backslope after each lift has been excavated and before drilling begins for the next - lift. This work shall be performed under the supervision of a Licensed Professional Surveyor in the State of Colorado. 6. General Blasting Requirements. Controlled blasting shall be used for all drill and blast operations required to carry out the work. Cushion blasting shall be used for rock excavation. The use of line drilling, or presplitting methods is prohibited for this project without written approval of the Engineer. Blasts shall be designed so as not to induce a particle velocity greater than 1 inch per second at distances greater than 200 ft. from the shot, or at any existing structure. If blast particle velocity exceeds this value, the Contractor shall modify charge weight per delay, sequence, and other applicable blast parameters to achieve acceptable vibration levels. Blasting at distances less than 200 ft. from concrete which has not developed 0.8 of design compressive strength is prohibited. The Contractor shall conduct initial blasts at the first rock cut in conformance with the limitations of this specification as required by the Engineer. These limitations shall remain in effect, unless the Contractor can demonstrate through subsequent trial blasts that the desired results can be achieved where said limitations are exceeded. Trial blasts shall be located as approved by the Engineer and designed such that the blast will not break back to the final excavation backslope or down to the final grade elevation. Where the limits of the rock cuts are defined by existing joints, perimeter holes shall be drilled and loaded to prevent backbreak beyond the joints. Care shall be taken to avoid sub -drilling into the back face of said joints. The production blast holes shall be sequenced to provide the highest degree of relief to the final excavation surfaces. Sequencing shall be arranged to protect existing structures, utilities, and highway. The rock on this project is not homogenous. The Contractor shall be responsible for adjusting blast parameters as required by the existing rock conditions, in order to comply with all other specifications. The precise time of blast initiation for each blast shall be furnished to the Engineer by the Contractor, through his Traffic Control Supervisor, at least 12 hours prior to such blast and confirmed thirty (30) minutes prior to the " blast by phone or traffic control radio network. —. NDEN5\GREINER%W332UDMIMSPECSVA"332PmjSWs.doe 14 SECTION 00100 INSTRUCTIONS TO BIDDERS Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 -6- REVISION OF SECTION 203 ROCK EXCAVATION All blasting operations shall be scheduled with other Contractors through the project Traffic Control Supervisor. If necessary, the Contractor shall reschedule the blast to another time to better synchronize all activities on the project to alleviate traffic delays, material shortages, delays in concrete deliveries, etc. Specific Blasting Requirements. Non -electric detonation systems shall be used, unless another detonation system is approved by the Engineer. Cap and fuse or safety fuse is prohibited for this project. The Contractor will be allowed to use one electric blasting cap per round to initiate the shot. The electric blasting cap shall not be tied into the blasting circuit until traffic has been stopped and the area secured. Pourable explosives or emulsions shall not be used in cushion holes. The maximum charge diameter in cushion holes shall not exceed 1.25 inches, unless the Contractor can demonstrate through trial blasting that a greater amount of explosive is acceptable. Excavation lifts shall be maximum of 24 ft. in height and sized such that the requirements of the traffic control specifications are fulfilled. Excavation shall be staged to allow rock reinforcement as the cut is brought down. Drilling of the next lift will not be permitted until all rock reinforcement for the preceding lift is completed. Cushion blast holes shall not deviate from the neat excavation line by more than 7 12 inches unless directed by the Engineer. If a joint which has been identified as the final excavation surface is intersected during drilling, the bottom hole shall be stemmed to a distance of at least 12 inches above the joint. The Contractor shall use blasting mats suitable to prevent flyrock during each round fired. At the request of the Contractor and upon demonstration that flyrock can be prevented by other means, elimination of the blasting mat may be approved by the Engineer. Elimination of the blasting mat requirement shall not relieve the Contractor of his responsibility for damages caused by blasting. 8. Rock Sculpting Requirements. The purpose of the rock sculpting concept is to achieve the appearance of natural -looking rock cut faces. The Contractor shall take advantage of existing seams and joints in the rock mass to cause the rock to breakback to such features as to obtain a natural appearance along the face of the rock cut. Sculpted rock surfaces and surfaces that follow existing seams and joints in the rock mass may deviate locally from average cut slopes shown on the plans, as directed b the Engineer. 9. Blast Monitoring. Blast induced vibrations shall be monitored by the Contractor for every blast. Data will be made available to the Engineer upon request. The Contractor's seismograph equipment must meet the following requirements: \\DEN5K3REINER\6844332\ADMIN�SPECS16844332PmjSpm.doc 15 Colorado Project STE M455-041 Construction Project Code 12251 -7- REVISION OF SECTION 203 ROCK EXCAVATION October 2, 2000 Equipped with a self triggering device. Capable of measuring vibrations in all three planes. Automatically calculate peak resultant particle velocity. Capable of providing a hard copy of the wave form and a summary of the results. In order to monitor, document, and record the project excavation. The Contractor shall purchase and provide an Olympus D-600L Digital Camera including a D-600L accessory kit (or equivalent as approved by the Engineer) to CDOT. It shall include an AC power cord and a carrying case. The camera and accessories will become property of the CDOT upon completion of the project. In the event of damage, breakdown, or theft, the Contractor, at his own expense, shall repair or replace the items to the satisfaction of the Engineer within 5 working days and until the date of final project acceptance. In Subsection 203.12(a) delete the fourth paragraph and replace with the following: Overbreak. The Contractor shall bear the expense of excavation outside the lines and grades shown on the plans or outside the limits established by the Engineer. \\DEN5\GRER4ER\6844332WDMIWPEU\6844332PMjSPm doc 16 Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 REVISION OF SECTION 206 AND 504 CONCRETE BLOCK FACING MSE WALLS Section 504 of the Standard Specifications is hereby revised for this project to include the following: DESCRIPTION This work consists of constructing a concrete block facing Mechanically Stabilized Earth (MSE) Retaining Wall System at the location and to the line and grade shown on the plans. The MSE wall system constructed on this project shall be a pre -approved alternative MSE Wall System. Pre -approved alternative shall mean the systems described below which have been reviewed and approved by the Department as to concept. The Contractor however shall be responsible for adapting the design and construction of the alternative wall system to the site condition, except for the global stability and long-term foundation settlement. The alternative wall system shall be designed and constructed in accordance with these specifications and to the lines and grades of the Contract. Only the following alternative MSE Wall Systems are pre -approved for use on this project: (1) Pyramid/RECO (metal, supplier's #: 703-821-1175) (2) Diamond/Mirafi (geogrid, supplier's #: 303-696-8960) (3) Amastone/Mirafi (geogrid, supplier's #: 303-761-0883) (4) Versa-Lok/Mirafi (geogrid, supplier's #: 970-667-4480) (5) Venture/Strata (geogrid, supplier's #: 303-254-8846) (6) Anchor/Mirafi (geogrid, supplier's #: 303-292-2345) (7) Allan/Huesker (geogrid, supplier's #: 303-292-2345) (8) Mesa/Tensar (geogrid, supplier's #: 303-292-9511) (9) Key System (metal, supplier's #: 800-747-8971) (10) System with pre -approved status from CDOT Product Evaluation MATERIAL (a) Shop Drawings. The Contractor shall submit shop drawings for review and approval prior to beginning of MSE Wall construction. Shop drawings shall be submitted in accordance with subsection 105.02. For pre -approved alternative MSE wall system designs the Contractor shall submit six sets of design calculations for review with the shop drawing submittal. The design and details of the alternative MSE wall systems shall be prepared and sealed by a Professional Engineer registered in the State of Colorado. There shall be no extension of the contract time for construction of an alternative wall. The shop drawings shall provide the details necessary to demonstrate compliance with the requirements in the plans and these specification, including: With close conformity to line and grades shown on the plans the wall layout including the leveling pad elevation, total numbers of blocks and associated blocks elevations including the top of block elevations. 2. The details of the MSE Wall facing blocks and attachments to the soil reinforcement. The facial blocks shall be connected to each layer of soil reinforcement, unless shown otherwise on the plans. Sequence, or limit, if applicable, of facing unit placement shall also be shown. \\DE45\GREINER\6844332WDMIWPECS\6844332Pmj5pms.doc 17 Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 .2. REVISION OF SECTION 206 AND 504 CONCRETE BLOCK FACING MSE WALLS 3. The soil reinforcement types, spacing, lengths, elevations, and the corresponding wall design height segments shall be shown on the wall layout. Soil reinforcement lengths shall be measured from the front face of the concrete block facing to the end of the reinforcements and shall not be less than any lengths or length requirements given on the plans. Elevations of each layer of ^ reinforcement are not required when there is a layer with each course of blocks. 4. For geosynthetic reinforcement, the required reinforcement LTDS and the supplied LTDS ^- (determined in accordance with Subsection (g) under Design Requirements, of this specification) with corresponding brand and grade of material shall be listed side by side. The LTDS of the �. supplied reinforcement grade must meet or exceed the required LTDS corresponding with the .-. reinforcement spacing provided. The Contractor shall provide Minimum Average Roll Value (MARV) certification which states the MARV of the supplied material has been determined in accordance with ASTM D-4595. -- 5. The top of leveling pad and associated reinforcement elevations given in the plans, which are based on nominal block height, shall be modified by the shop drawings taking into account actual block height, variation in block height, and the interposing layers of reinforcements. (b) Backfill. The MSE Wall System's Backfill shall be Structure Backfill (Class 1). (c) Concrete Block Facing Unit. The concrete block shall conform to the requirements in the plans and these specifications. The Contractor shall provide certification that the tests indicated in this subsection meet ^ the requirements of the appropriate specification. 1. Components. The cementitious materials shall be Portland cement which shall conform to the requirements of ASTM C 150. Fly ash may be used but shall not exceed 20% by weight of the total cement content and shall conform to the requirements of ASTM C 618. Aggregates used in the manufacture of the units shall conform to the requirements of ASTM C 33 for normal weight concrete aggregate. 2. Block/Reinforcement Connection Test. The block to block and block to reinforcement connection test shall conform to the requirements of NCMA Methods SRWU-1 and SRWU-2. The service state connection strength shall be determined with the 3/4" performance limit. 3. Physical Requirements. At the time of delivery to the work site, the units shall conform to the following physical requirements: A. Either a full block or a saw cut coupon compressive test is acceptable to verify the 28 day concrete strength. The location of cut for the coupon shall be approved by the `r Engineer. B. The average compressive strength of three tests shall be equal or greater than 4500 psi with the minimum of 4000 psi for individual test in accordance with ASTM C 90. ,.. ^ \\DENSGEER4ER\6844332'ADM[MSPECS\6844332PmjSpe s.doc 18 ~ Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 -3- REVISION OF SECTION 206 AND 504 CONCRETE BLOCK FACING MSE WALLS C. The minimum oven dry weight of concrete block shall be 125 pcf with a maximum water absorption rate by weight of 6 percent determined in accordance with the requirement of ASTM C 140. D. The contractor shall provide certified test reports of item B and C above from independent test labs. 4. Finish and Appearance. All units shall be in good condition. Cracks, chips and/or other imperfections may be cause for rejection, as determined by the Engineer. The permissible variations in the exterior dimensions of the concrete block shall not differ more than ± 1/8", except the height of the block shall be within ± 1/16" from the specified dimensions for an individual block. The minimum thickness of any walls or webs within the block shall be on average 3" at the face and 2" at stem and back. The vertical edges, if applicable, shall be chamfered for splitting and precise dimensioning. 5. Sampling and Testing. The Engineer shall be allowed access to the manufacturer's facilities to inspect and sample units from lots ready for delivery to the project. 6. The Engineer reserves the right to reject any concrete blocks which do not meet the requirements of these specifications. The contractor shall notify the Engineer in writing at least 72 hours before beginning the casting of any blocks for this project. DESIGN REQUIREMENTS (a) Alternative Wall Designs. The alternative design shall provide for soil retention to the lines and grades shown on the plans. It shall conform to the requirements of the latest AASHTO Standard Specifications for Highway Bridges, Division I, Section 5, the plans and these specifications. (b) Design Height. Unless otherwise defined on the plans, the wall design height shall be measured vertically from the top of the leveling pad to the top of concrete rail anchoring slab for wall with rail, or to the top of concrete block for wall without rail. (c) Soil Reinforcement Length. The soil reinforcement length shall be measured from the front face of the concrete block face to end of reinforcement. Soil reinforcement lengths shall not be less than any lengths or length requirements given in the plans. Unless otherwise required on the plans the length of soil reinforcement shall be equal from top to bottom at all layers of wall. Unless otherwise required on the plans, the minimum soil reinforcement length shall be as follows: Design Height (DH) Minimum Reinforcement Length DH < 8' 1.0(DH) Top Layer >_ 8' UDEN5�GREINER169"332WDMIN�SPECS\68"332PojSpxcdw 19 Colorado Project STE M455-041 October 2, 2000 - Construction Project Code 12251 -4- REVISION OF SECTION 206 AND 504 CONCRETE BLOCK FACING MSE WALLS (d) Pullout and Block Connection Strength. The factor of safety for pullout resistance shall be greater than - or equal to 1.5. Reinforcement connections to the facing block shall be designed (and tested per subsection (c) 2 under Materials of this specification) to carry 100% of the corresponding required LTDS at all reinforced levels. (e) Backfill. For design, a friction angle of 34 degrees shall be assumed and Structure Backfill (Class 1) shall be considered non -aggressive soil for corrosion and durability computations. The Engineer may require chemical and organic content tests if the source is questionable. All reinforcing elements shall be designed to ensure a minimum design life of 75 years for permanent structures. (f) Metallic Soil Reinforcement. For Structure Backfill (Class 1), the following minimum sacrificial thickness of metallic reinforcement shall be applied to the reinforcement to ensure the required design life: Galvanization loss = 15 µ nlyear for first 2 years = 4 Wm/year for subsequent years Carbon steel loss = 12 Wm/year after zinc depletion (g) Extensible Soil Reinforcement. Extensible soil reinforcement shall be a geogrid or geotextile. For -- polyester (PET), polypropylene (PP) and high density polyethylene (HDPE) reinforcement, the LTDS of ^ material shall be determined using the following factors of safety to ensure the required design life. Unless otherwise noted, the LTDS may not exceed the following K percent of -its ultimate tensile strength, MARV, i.e. ^ LTDS = K * MARV, where K = CRC / (1.78 * FC * FD).-• ^ 1. Products pre -approved by CDOT: Fortrac K = 13.6% with CRC = 0.40, FD = 1.5, FC = 1.1 Miragrid K = 15.7% with CRC = 0.46, FD = 1.5, FC = 1.1 Strata K = 13.6% with CRC = 0.40, FD = 1.5, FC = 1.1 Tensar K = 17.0% with CRC = 0.37, FD = 1. 1, FC = 1.1 2. Products not pre -approved by CDOT: A. For geogrid PET K = 6.6% PP and HDPE K = 5.5 % B. For geotextile with weight >_ 8 oz/sy PET K = 5.7% PP and HDPE K = 5.5% C. For geotextile with weight < 8 oz/sy PET K=2.8%a PP and HDPE K = 3.1 % \\DEN5\CREINER\68"332WDMIMSPECS\69"332PmjSpecs,doc 20 rr Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 -5- REVISION OF SECTION 206 AND 504 CONCRETE BLOCK FACING MSE WALLS 3. The following factors are used to determine the LTDS of different non-preapproved reinforcement types and are for information only. A. Overall factor of safety, FS = 1.78 B. Environmental and aging losses factor, FD = 2.0 for PET, FD = 1.2 for PP and HDPE. C. Creep reduction coefficient, CRC = 0.4 for PET, CRC = 0.2 for PP and HDPE. D. Construction damage factor, for geogrid, (all polymer types and weights) FC = 1.7 for geotextile, (PP and HDPE, < 8 oz/sy) FC = 3.0 (PP and HDPE, >_ 8 oz/sy) FC = 1.7 (PET, < 8 oz/sy) FC = 4.0 (PET, >_ 8 oz/sy) FC = 2.0 (h) Leveling Pad. Concrete for the leveling pad shall be Concrete Class B, fc = 3000 psi, conforming to the requirements of Section 601. Expansion joint material'/d' thick, with the same width as the blocks, shall be installed between the blocks and the leveling pad. (i) Stability Calculations. Calculations shall include analysis for the internal and external stability of the wall. The alternative wall designer shall be responsible for the following external stability calculations: 1. Sliding (FS >_ 1.5) 2. Overturning (FS >_ 2.0) 3. Loss of heel (eccentricity < L/6) 4. Bearing (per AASHTO 4.4.7.1) 0) Soil Reinforcement Spacing: The first (bottom) layer of soil reinforcement shall be no further than l'-4" average above the top of the leveling pad. 2. The last (top) layer of soil reinforcement shall be no further than F-8" average below the top of the uppermost concrete block. \\DENSGREINER\68"332UDWWPECS 9"332PmjSpe s.&c 21 Colorado Project STE M455-041 Construction Project Code 12251 October 2, 2000 -6- REVISION OF SECTION 206 AND 504 CONCRETE BLOCK FACING MSE WALLS 3. The maximum vertical spacing between layers of adjacent soil reinforcement shall not exceed 2'- 8" and 1.8 times the width of block (measured from front to back) for block width > 12", nor 2'- ^ 0" for block width < 12". CONSTRUCTION REQUIREMENTS (a) Excavation and Backfrll. Should the excavation for the placement of the leveling pad expose an unsatisfactory bearing material the Engineer may require removal and replacement of that material. The removed material shall be replaced with Structure Backfill (Class 1) compacted in conformity to Subsection 206.03 except that the density shall be 100 percent AASHTO T-180. Payment for removal and replacement shall be in accordance with the Standard Specifications. -. The reinforced fill and the upper triangular fill portion immediately behind it as defined on the plans shall be Structure Backfrll (Class 1) compacted in conformity to subsection 206.03. Recycled asphalt and flow -fill material is not allowed to substituted Structure Backfrll (Class 1). Each layer of backfill shall not exceed 8 before compacting to the required density and before successive layers are placed. At least 6" of material shall be in place prior to operation of tracked vehicles over the reinforcements. Only hand -operated compaction equipment shall be allowed within 3' of the front of the wall face and compaction in these areas shall conform to subsection 206.03. The fill and compaction operation shall progress from the face toward the back. The verification of 95% AASHTO T-180 compaction is required behind the blocks, for a distance equal to reinforcement vertical spacing, unless pea gravel is used to fill the top triangular portion above the structure backfill spill zone. The Contractor shall place additional blocks and fill material, properly compacted, to return the finished grade to plan elevations if settlement as determined by the Engineer has occurred. A final inspection shall be made 30 to 45 days after the completion of the top layer of blocks. Payment shall conform with the Standard Specifications. If the settlement is determined to be the result of the non -conforming backfill or backfill not meeting compaction requirements, the Contractor shall bring the elevation to the finished grade at no extra cost to the project. _ (b) Reinforcement. The reinforcement shall be laid to within 1" from the front face of block. For Geosynthetic sheet reinforcement there shall be a minimum of 6" overlapping between rolls. (c) Leveling Pad. The leveling pad shall be level within the tolerance of 1/2" for any two points, and within F i 1/4" for any two points 10' apart. A layer of thin cushion or shimming material (Expansion Joint Material, Concrete Motor Grout, Roofing Felt, Geosynthetic Reinforcement) shall be applied to blocks directly founded on leveling pad. NDEN5\GREINER16844332V+DMIWPECS\6844332PMjSpm.dw 22 T W Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 .7. REVISION OF SECTION 206 AND 504 CONCRETE BLOCK FACING MSE WALLS (d) Block Facing. An overall negative batter (wall face leaning outward) between bottom and top of wall is not allowed. The final wall face shall be vertical, or have a positive batter of 3%D maximum. The surface of wall face shall be tested with a 10' straightedge laid along the surface in all directions. Except as necessary for horizontal alignment of the wall, convex deviation of the wall face from the straightedge (belly wall) shall not be allowed, and concave deviation from the straightedge shall be less than 1/2". Wall with overall negative batter or convex surface shall be corrected as early as possible to avoid price reduction and rejection. Unless otherwise noted, all blocks shall be dry stacked and placed with each block spanning the joint in the row below (running bond). The top two courses shall be pinned and internally grouted together with a minimum of two #4 bars per block. (e) Manufacturer's Representative. For alternative wall construction, the Contractor shall arrange for a technical representative from the wall system supplier to be present during the construction of the MSE walls. The representative shall provide all necessary instructions and guidelines to construct the walls in accordance with these specifications and the manufacturer's requirements. The alternative wall supplier's technical representative shall certify in writing that the wall has been constructed in accordance with the Manufacturer's product specific requirements. METHOD OF MEASUREMENT Unless otherwise defined on the plans, the materials and labor for MSE retaining walls will be measured and paid by the major components. MSE blocks are measured in square feet using the wall front face from the top of the leveling pad to the top of cap block. According to the typical cross sections defined on the plans, MSE reinforcement will not be measured seperately, but will be included in the cost of Structural backfill. Structure backfill (class 1) is measured by the total volume of backfill including the fill in reinforced zone. The square foot and cubic yard quantities computed for payment shall be based on wall segments measured at 20' maximum intervals along the wall layout line. \\DEN5\GREINER\69"332WDMMPECS\68"332ProjSpe .do 23 Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 -8- REVISION OF SECTION 206 AND 504 CONCRETE BLOCK FACING MSE WALLS BASIS OF PAYMENT The accepted quantity will be paid for at the contract unit price per unit of measurement for the pay item listed below: Payment will be made under: Pay Item Pay Unit 504 MSE Wall Square Foot 206 Structure Backfill (Class 1) Cubic Yard Payment will be full compensation for designated materials and labor including all miscellaneous items necessary to construct concrete block facing MSE walls. Expansion joint material, grouts, pins, shimming material, will not be itemized and paid for separately but shall be included in Pay Item 206 Structure Backfill (Class 1). Payment Reduction. A dislocated block is an individual block located outward more than 1/8" or placed with a vertical joint more than 1/4" from the adjacent blocks. A cracked block is an individual block with a through crack with a width of more than 1/8". A comer knock -off is a block with any missing facial corners. Substandard _ blocks are concrete blocks installed in any wall segments that do not meet the certified values under Section. (d)3.D. of Materials for compression strength and water absorption rate. In the completed wall, or completed portion of the wall if, the number of defective blocks (cracked blocks, corner knock -off blocks, dislocated blocks, and substandard blocks), blocks associated with negative batter in (d) of the Construction requirements, and blocks failing the straightedge test exceeds 3% of the total number of blocks in a 20' horizontal length of wall, a �1 3% price reduction will be applied for that 20' portion of wall for each one percent of defective blocks exceeding 3% to a maximum reduction of 21%. The overall percentage calculated from the sum of all deflective blocks to the total blocks shall be calculated and serve as the base for the payment reduction. Each one of the first three pay items listed above shall receive this same percent of payment reduction. When the number of defective blocks and/or dislocated blocks as defined above exceeds 10% of the total, the Engineer shall reject the wall or portions thereof. \\DEN%REINER\69"332\ADM[MSPECS\68"332PMjSp=.doc 24 r SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub - bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 7/96 Section 00100 Page 1 Colorado Project STE M455-041 Construction Project Code 12251 October 2, 2000 REVISION OF SECTION 213 LANDSCAPE BOULDER Section 213 of the Standard Specifications is hereby revised for this project as following: DESCRIPTION This work consists of furnishing and placing boulders in accordance with these specifications and in conformity with the details shown on the plans, or as directed by the Engineer. PUT0 t1:U01f.9 Landscape boulders shall consist of hard, dense, sound rock from the roadway excavation, subject to approval. Thin slab type stones and flaking rock shall not be used. The boulders shall be 5 foot minimum spherical diameter, as approved. CONSTRUCTION REQUIREMENTS The landscape boulders will be clustered on embankment and cut slopes and shall have 60% of their equivalent spherical diameter below ground level. METHOD OF MEASUREMENT Landscape boulders will be measured by the actual number placed and accepted. BASIS OF PAYMENT The accepted quantities of landscape boulders will be paid for at the contract unit price each. Payment will be made under: Pay Item Pay Unit Landscape Boulder Each \\DENSGREINERW840332UDMIMSPECS\68"332PmjSpx doc 25 Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 REVISION OF SECTION 214 PLANTING MATERIALS Section 214 of the Standard Specifications shall include the following: Plantings for landscape restoration shall be of the following types: Trees Common Name Botanical Name Size Trees: Ponderosa Pine Pinus Ponderosa 8 feet Shrubs: Mountain Mahogany Cercocarpus montanus 1 gallon Skunkbush Sumac Rhus trilobata 1 gallon Common Chokecherry Primus virginiana 1 gallon Rubber Rabbitbrush Chrysothamnus nauseosus 1 gallon Prickley Rose or Woods Rose Rosa acicularis or Rosa woodsii 1 gallon Silver Sagebrush Artemisia cana 1 gallon Sand Sagebrush Artemisia filifolia 1 gallon The City Landscape Architect will be consulted prior to planting to coordinate locations and patterns to restore a natural appearance to slopes. Plantings will be established and maintained in accordance with Subsection 214.04 \\DENSGREINER%8"332%ADMIWPEC %68"332PmjSpws.doc 26 Colorado Project STE M455-041 Construction Project Code 12251 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.02 shall include the following: October 2, 2000 The Aggregate Base Course (Class 6) must meet the gradation requirements and have a Resilient Modulus value of at least R-78 when tested by the Hveem Stabilometer method. \\DEN5\GREINERW844332WDMIN%SPECS\68"332Pmj5pecs.doc 27 Colorado Project STE M455-041 Construction Project Code 12251 October 2, 2000 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mix for hot bituminous pavement shall conform to the following: TART.i. AM.1 Property Test Value For Grading Method S(96) Patching r Voids, percent at: CPL 5115 N (initial) >11.0 >11.0 N (design) 3.0 - 5.0 3.0 - 5.0 N (maximum) >2.0 >2.0 Lab Compaction (Revolutions): CPL 5115 N (initial) 8 8 N (design) 96 76 N (maximum) 152 1 152 Stability, minimum (for CPL 5106 42 42 information) Aggregate Retained on the CP 45 60 60 No. 4 Sieve with at least 2 Mechanically Induced fractured faces, % minimum Accelerated Moisture Sus- CPL 5109 eptibility Tensile Strength Method B 80 80 Ratio (Lottman), minimum minimum Dry Split Tensile CPL 5109 205 205 Strength, kPa Method B Grade of Asphalt Cement, Top PG 64-22 PG64-22 Layer Grade of Asphalt Cement, PG 64-22 PG64-22 Layers below Top Voids in the Mineral Aggregate CP 48 See Table See Table See Table See Table See Table (VMA) % minimum 403-2 403-2 403-2 403-2 403-2 [Voids Filled with Asphalt AI MS-2 65-75 65-78 (VFA) % Note: Al MS-2 = Asphalt Institute Manual Series 2 Note: The current version of CPL 5115 is available from the Region Materials Engineer. Note: Mixes with gradations having less than 40% passing the No. 4 sieve shall be approached with caution because of constructability problems. Note: Table 1 of CPL 5115, which contains the laboratory mixing and compaction temperatures to be used for mix design development and laboratory verification of project produced mixtures, is deleted for this project and replaced with the following: \\DEN5\GREINER\6844332UDMIN\SPECS\6844332Pmj5pe .doc 28 Colorado Project STE M455-041 Construction Project Code 12251 -2- REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT CPL 5115 TARTY 1 October 2, 2000 Previous Binder Grade Superpave Binder Grade Laboratory Mixing Temperature, OF (°C) Laboratory Compaction Temperature; F (°C) AC-5 PG 58-28 280 (138) 260 (127) AC-10 PG 58-22 300 (149) 275 (135) AC-20 PG 64-22 300 (149) 275 (135) Type 1-D PG 70-34 325 (163) 300 (149) Type 1-13 PG 64-28 325 (163) 300 (149) AC-20R AC 20-R 325 (163) 300 (149) _ PG 5840 300 (149) 275 (135) _ PG 76-28 325 (163) 300 (149) TABLE 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal Maximum Size*, inches Design Air Voids ** 3.0 % 4.0 % 5.0 % 1'/2 11.0 12.0 13.0 1 12.0 13.0 14.0 3/4 13.0 14.0 15.0 I/2 14.0 15.0 16.0 3/8 15.0 16.0 17.0 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HBP. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. The hot bituminous pavement shall not contain more than 10 percent reclaimed asphalt pavement. \\DEN5\GREINERW8"332WDMIMSPECS68"332PmiSpe d,. 29 Colorado Project STE M455-041 Construction Project Code 12251 -3- REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT October 2, 2000 Hot bituminous pavement for patching shall conform to the gradation requirements for Hot Bituminous Pavement (Grading S). A minimum of one percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all hot bituminous pavement. Acceptance samples shall be taken as per CP-41. Subsection 403.03 shall include the following: The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. Areas to be patched shall be excavated and squared to a neat line, leaving the sides of the excavation vertical. _ Prior to placement of the patch the exposed sides of the existing pavement shall be thoroughly coated with Emulsified Asphalt (slow -setting). Hot bituminous pavement shall then be placed and compacted in succeeding layers not to exceed 3 inches in depth. Subsection 403.05 shall include the following: Aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot bituminous pavement item will not be paid for separately but shall be included in the unit price bid. Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately, but shall be included in the work. \\DENS\GRE1NERW844332V,DMIMSPECSW844332PojSpx ,loc 30 Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING WITH WATERBORNE PAINT AND LOW VOC SOLVENT PAINT Sections 627 and 708 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 627.04 and replace with the following: 627.04 Pavement Marking with Waterborne and Low VOC Solvent Base Paint. Striping shall be done when the air and pavement temperatures are at least 7 °C (45 OF) and rising for waterborne paint and 4 °C (40 OF) and rising for low VOC solvent base paint. The pavement surface and weather conditions shall be conducive to satisfactory results. Equipment shall be capable of painting a reasonably clean -edged stripe of the designated width (± 6 mm) (± 114 inch) and shall have a bead dispenser directly behind, synchronized with the paint applicator. Machines shall have multiple applicators. Each applicator shall have individual control and automatic skip control that will paint a stripe with a gap as shown on the plans. In areas where machines are not practical, suitable hand -operated equipment shall be used. Stripes shall be protected until dry. Paint and beads shall be applied within the following limits: Application Rate or Coverage Per Liter (Gallon) of Paint MINIMUM Paint: 2.5 m2 (100 sq. ft.) Beads: 700 g (5 lbs. 13 oz.) MAXIMUM Subsection 627.13 shall include the following: *Pay Item Pavement Marking Paint (Waterborne) Pavement Marking Paint (Low VOC Solvent Base) Delete subsection 708.01 and replace with the following: 2.7 m2 (110 sq. ft.) 740 g (6 lbs. 3 oz.) Pay Unit Liter(Gallon) Liter(Gallon) 708.01 General. This specification covers ready -mixed paints and coatings. Paints and coatings shall be manufactured eight weeks or less prior to delivery to the project. The date of manufacture shall be stenciled clearly on all containers. Paints shall be free of foreign material that is capable of clogging screens, valves, pumps, and other parts of the application equipment. Paints shall not form a surface skin within 48 hours in three-quarter filled, tightly closed containers. Paint and coating pigments shall be lead free, and shall not thicken, become granular, or curdle in their containers. Paints and coatings shall not contain benzene, chlorinated solvents, ethylene glycol ethers and ethylene glycol acetates. Hexavalent chromium compounds shall be excluded from all coating formulations. \\DEN5\GREINER\6844332\ADMIMSPECS\6840332Pmj5pecs.do 31 Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 -2- REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING WITH WATERBORNE PAINT AND LOW VOC SOLVENT PAINT Volatile Organic Compound (VOC) levels for paints and coatings shall comply with the most current EPA regulations. All product compositional proportions are specified by mass (weight). Material Safety Data Sheets, and manufacturer's recommended application instruction sheets representing each paint and coating shall be ^ supplied to the Engineer prior to use. Federal Standard 595B, shall be used to designate colors. ASTM E 308 shall be used to quantitatively define colors. Delete subsection 708.05 and replace with the following: 708.05 Pavement Marking Materials. Pavement marking materials shall conform to the requirements listed below. Pigment and vehicle compositions shall not vary by more than 1.0 percent of each amount specified. The ^ manufacturer shall certify that the product does not contain mercury, lead, hexavalent chromium, chlorinated solvents, hydrolyzable chlorine derivatives, glycol ethers and their acetates, and carcinogens as defined in 29 CFR 1910.1200. After drying, yellow paint shall visually match Federal Standard 595B color chip number 33538, or be within 2% of green and red tolerance limits when compared on the U.S. Department of Commerce, "Highway Yellow Color Tolerance Chart", using the following C.I.E. chromaticity coordinates: X y X y X y X Y 0.4883 0.4468 0.4748 0.4452 0.4848 0.4327 0.4739 0.4377 (a) Low VOC Solvent Base Paint. Ready mixed, low VOC compliant traffic marking paint to be applied to Asphalt or Portland Cement Concrete Pavements shall be defined herein. The exact formulation of the paint shall be decided by the manufacturer, and shall conform to the general requirements listed below. Vehicle Composition: (white and yellow paint) The vehicle shall be one of the following: (1) 100% Acrylic Copolymer Resin Solution: Poly(Methyl-Methacrylate/N-butyl Methacrylate/Methacrylic acid) Copolymer resins or Isobutyl Methacrylate-Diethyl-Aminoethyl Methacrylate Copolymer resins, 17.5% minimum ASTM D3168 (2) 100% Alkyd Resin Solution (AASHTO M248,Type F), modified for VOC Compliance, VM & P ^ Naphtha, Federal Spec. TT-N-95, Type I, modified for VOC compliance Driers, ASTM D600 class B Anti -skinning agents Finished Paint Total Pigment : 52.0% minimum ASTM D 2371 Pigment Composition: (white paint) Titanium Dioxide, ASTM D476, Type III Calcium Carbonate, ASTM D 1199, Type GC -II Magnesium Silicate, ASTM D605 Zinc Oxide, ASTM D79, \\DENSGREINER%9"332\,\DM]MSPECS\U"332Pmj5pe .doc 32 ^ rr Colorado Project STE M455-041 Construction Project Code 12251 -3- REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING WITH WATERBORNE PAINT AND LOW VOC SOLVENT PAINT Pigment Suspending Agents Pigment Composition: (yellow paint) Titanium Dioxide, ASTM D476, Type III Organic Yellow Pigment 65 Calcium Carbonate, ASTM D1199, Type GC -II Magnesium Silicate, ASTM D605 Aluminum Silicate, ASTM D603 Silica (diatomaceous) ASTM D604 Pigment Suspending Agents Solvents: Acetone ASTM D329 Xylene ASTM D846 less than 1.0% Methanol ASTM D1152, Toluene ASTM D 5580 less than 6.0% VOC exempt solvents Anti -skinning, Anti -settling agents Properties of the Finished Paint: (white and yellow) Total Solids by mass (weight)- • ASTM D 1644 Viscosity, in Krebs-9tormer Units 70.0% minimum October 2, 2000 @ 25 °C (77 °F) ASTM D 562 75-80 ,+/-0.5 KU's Weight per gallon ASTM D 1475 1.38 kg/liter (11.5 lbs/gal) minimum Non-volatile vehicle 35.0% minimum VOC ASTM D 3960 150gms/liter (1.25lbs/gal) maximum Color (Federal Standard 595) see subsection 708.05 paragraph 2 Laboratory dry time ASTM D 711, 10 minutes maximum Field dry time, Actual No Tracking @ 25 °C (77 OF), 0.38 mm(15mils) 5 minutes maximum Fineness of Grind ASTM D 1210 3 minimum Reflectance (0.015), @ 0.38 nun (15 mil) wet film applied to a Leneta Chart 83% minimum for white 50% minimum for yellow Dry Opacity (contrast ratio) @ 0.38 mm (15 mils) wet ASTM D 2805 0.98 minimum Freeze Thaw resistance ASTM D 2243 5 cycles minimum (b) Acrylic Waterborne Paint. The exact manufacturing formulation for the paint shall be left to the discretion of the manufacturer, provided that a lead-free, 100% Acrylic resin polymer waterbome product is produced that meets the requirements listed in the table below. The finished product shall maintain its consistency during application at temperatures compatible with conventional equipment. \\DENS\GREINER\686433ZWDMIWPECS\6844332Proj5pe dm 33 Colorado Project STE M455-041 Construction Project Code 12251 4- REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING WITH WATERBORNE PAINT AND LOW VOC SOLVENT PAINT Aruvr.Tr WAT1W.uunrtwF PAINT October 2, 2000 Property Minimum Maximum Test Method Composition Requirements Nonvolatile vortion of vehicle (white andyellow), % 42.5 Pigment Composition ASTM D (white and yellow), % by mass (weight) 58.0 62.0 ASTM D 3723 3723 White Paint 10.0%; 120 Titanium Dioxide g/L (1.0 ASTM D 476, Type III lb/gal) Calcium Carbonate, % 92.0 ASTM D 1199, Type GC -II Yellow Paint 5.0%; 24 g/L Titanium Dioxide ASTM D 476, Type III (0.2 lb/gal) Calcium Carbonate 93.0 ASTM D 1199, Type GC -II Organic Yellow Pigments, % 5.0 0.063%; 3 g/LASTM Yellow Iron Oxide D 768 (0.025 lb/eal) Vehicle Composition, 100% acrylic polymers. FTMS 141 C - Method 4031 or (white andyellow), % 43.0 Method 4053.1 Properties of the Finished Paint Total Non-volatiles, (solids) % by weight (mass) White Paint, % 77.0 FTMS 141C -Method 4053.1, ASTM D 2369, or Yellow Paint, % 76.0 ASTM D 4758 Density, kg/L (Ibs/gal)1 ASTM D 1475 using mass per liter (U.S. Standard weight per gallon) White and Yellow Paint 1.68 (14.0) cup as defined in U.S. Military Standard 4566A Consistent (Viscosity) White and Yellow, Krebs-Stormer Units 85 1 95 ASTM D 562 Shall complete 5 or more test Freeze Thaw Stability cycles successfully ASTM D 2243 Fineness of Grind, Visual Standard Rating B 3 ASTM D 1210 Hydrogen ion content: Ph 9.6 ASTM E 70 Directional Reflectance: [0.38 turn (15 mil) Wet Film] ASTM E 1347 White, dried 85 Yellow, dried 50 Dry Opacity (Contrast Ratio): [0.38 tutu (15 mil) Wet Film] ASTM D 2805 White Paint 0.95 Yellow Paint 0.88 IDensity shall not vary more than 0.3 lbs/gal (36 g(L) between batches. \\DENSGREtNER\68"332WDMIMSPECS\69"332ProiSpecxdoc 34 indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty- first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7/96 Section 00100 Page 3 Colorado Project STE M455-041 Construction Project Code 12251 October 2, 2000 -5- REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING WITH WATERBORNE PAINT AND LOW VOC SOLVENT PAINT Performance Requirements: The paint shall be water resistant and shall show no softening, blistering or loss in gloss when tested according to FIM 141C, Method 6011. The paint shall dry to a no tracking condition in a maximum of 75 seconds. The no tracking condition shall be determined by actual application on the pavement at a wet film thickness of 0.38 mm (15 mils) with white or yellow paint, covered with glass beads at a rate of 720 grams per liter (6 pounds per gallon). A 0.30 to 0.38 mm (twelve to fifteen mil) wet film of the candidate paint placed immediately after application in a humidity chamber maintained at 22.5 ± 1.4 °C (72.5 ± 2.5 ° F) and 90% relative humidity shall have a "dry -through" time less than, equal to, or up to 15 minutes longer than the manufacturer's laboratory reference paint film when tested at or close to the same time according to ASTM D 1640. The pressure exerted shall be the minimum needed to maintain contact between the thumb and film. \\DEN5\GRE[NER\68"332WDMIN\SPECSW866332PmjSpecs.dm 35 Colorado Project STE M455-041 Construction Project Code 12251 October 2, 2000 REVISION OF SECTION 630 RETROREFLECTIVE SHEETING Sections 630 of the Standard Specifications are hereby revised for this project as follows: In subsection 630.02, delete the third paragraph and replace with the following: ma1,10 Aan-i Sheeting Fluorescent Type H Type HI Type IV Type VI Application Work Work Work Work Zone Zone Zone Zone Work Zone All Orange Construction Signs X (Including Roll -up Sips) Barricades (Temporary) X X X Vertical Panels X X X Flaggers Stop/Slow (May include flashing light approved under SHRP product # 3016) X X Drums 2 X I X Fixed support signs with prefix "W" X X Special warning signs X X STOP sign (R 1-1) YIELD sign (R1-2) WRONG WAY sign (R5-1a) DO NOT ENTER sign (R5-1) EXIT sign (E5-1a) X X DETOUR sign (M4-9) or (M4- X 10) All other fixed support signs 3 X X X All other signs which use is limited to working hours only X X X X 1 Fluorescent sheeting shall be of a type that is on the Colorado Approved Products List. 2 Drum sheeting shall be manufactured for flexible devices. 3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted on barricades, or in accordance with height and lateral clearances shown on Standard Plan S-614-1, "OTypical Ground Sign Placement", unless otherwise approved. \\DENS\GREINER\68"332\ADMIWPECS\6844332PmjSpms.&c 36 Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 ROCK STAINING The staining process shall be an artificially accelerated, single step oxidation process. It shall involve application of a solution directly to the clean surface of the walls and have a projected life of 100 years. The stain shall be an aqueous solution containing salts of iron and manganese and other trace elements including copper and zinc. The material shall contain no caustic or alkaline chemicals. The material shall be manufactured as a concentrate that can be diluted with up to 6 parts water to achieve the desired color. Prior to staining a test plot shall be set up to determine application techniques, dilution rates of the color concentrate with water and approximate color (browns or blacks). The test plot shall be located in an inconspicuous location as directed by the Engineer. Each test shall be approximately 8' x 8' in size. The following applications and dilutions shall be tested, but not limited to: 1. Three parts water to one part concentrate applied in a solid coat. 2. Six parts water to one part concentrate applied in a solid coat. 3. Three parts water to one part concentrate applied in a blotched coat, to resemble natural rock surface. 4. Six parts water to one part concentrate applied in a blotched coat, to resemble natural rock surface. 5. Six parts water to one part concentrate applied in two coats. Material shall be stored in an air tight container, in a cool dry space, and used within two to three months. Any washing to clean the debris from the face prior to staining shall be included in the price of the work. MEASUREMENT AND PAYMENT This work will be measured and paid for under the planned force account item "Rock Staining". \\DENS\GREINER\6644332\ADMIN\SPECSVA44332Pmj5pecs.&c 37 Colorado Project STE M455-041 Construction Project Code 12251 FORCE ACCOUNT ITEMS DESCRIPTION October 2, 2000 This special provision contains the Division'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 the performance and payment bonds. Force Account work shall be performed as directedby 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 Items F/A Minor Contract Revisions F/A On -the -Job Training F/A OJT Pilot F/A Erosion Control F/A Obtain Power F/A Rock Staining Estimated Quantity Amount 1 $50,000.00 1 $200.00 1 $400.00 1 $5,000.00 1 $500.00 1 $5,000.00 qDEN5\r,PMNER\M44332V,DMIWPECS\6W332PmjSPWLdm 38 Colorado Project STE M455-041 October 2, 2000 Construction Project Code 12251 UTILITIES Known utilities within the limits of this project are: US West Comm Co. Eric Hancock (970) 377-6404 Fort Collins, CO (Telephone) Poudre Valley REA Steve Pangrac (970) 226-1234 Fort Collins, CO (Electric) US Postal Service Jan Felkner (970) 482-5200 Bellvue, CO (Mailbox Reset) The work described in these plans and specifications may require coordination between the Contractor and the utility companies in accordance with subsection 105.06 in conducting their respective operations as necessary. The work listed below will be performed by the utility owners or their agents: US West will move or adjust telecommunication lines as needed to clear construction activity. Poudre Valley REA will move or adjust their power lines as needed to clear construction activity. GENERAL: The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC registered lines marked by member companies. Calls originating within the Denver metro area use phone no. 534-6700; calls originating outside the Denver metro area use 1-800- 922-1987. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. The location of existing utility facilities as shown on the Utility Plan and Profile sheets, and herein described, were obtained from the best available information. The relocation of utilities shown on the plans will be carried out by each respective utility company as described on the previous page. The utility relocation work shall be carried out prior to construction of this project and is not included in the cost of work. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. \\DEN5\GREINER\6844332\ADMiMSPECS\6844332Proj5pecs.doc 39 No Text August 11, 2000 REVISION OF SECTION 105 CONTRACTOR SUBMITTALS Section 105 of the Standard Specifications is hereby revised for this project as follows: In subsection 105.02, delete Table 105-1 and replace with the following: TABLE 105-1 SIIMMARY OF CONTRACTOR SUBMITTALS SECTION I NO. DESCRIPTION TYPE CONTRACTOR P.E. SEAL REQUIRED? 504 MSE Walls (Contractor Alternative) Shop Drawing Yes 504 MSE Walls (Default Design) Working Drawing No 508 Timber Shop Drawing No 509 Steel Structures Shop Drawing No 512 Bearing Devices Type II Shop Drawing No 512 Bearing Devices Type III Shop Drawing Yes 514 Pedestrian and Bikeway Railing Working Drawing No 518 Expansion Devices; 0-25 mm (0-4") Working Drawing No 518 Expansion Devices: 0-150 mm & 0-225 mm (0-6" & 0-9") Shop Drawing Yes 601 Precast Deck Panels Working Drawing No 601.10 Steel Bridge Deck Forms Working Drawing Yes 601.11 Falsework Working Drawing Yes 602 Rebar Working Drawing No 606 Bridge Railing Working Drawing No 607 Sound Barriers (Alternative) Shop Drawing Yes 607 Sound Barriers (Default Design) Working Drawing No 613 Light standards (Low Mast) Working Drawing Yes 613 Light Standards (High Mast) Working Drawing Yes 614 Overhead Sign Structures Shop Drawing Yes 614 Traffic Signal Pole (Mast Arm) Shop Drawing No 614 Traffic Signal Pedestal Pole Working Drawing No 614 Traffic Signal Equipment Working Drawing No 618 Prestressed Concrete (Pre -tensioned) Shop Drawing Yes 618 Prestressed Concrete (Post -tensioned) Shop Drawing Yes 628 Pre -fabricated Pedestrian Bridges Shop Drawing Yes No Text August 20, 1999 REVISION OF SECTIONS 106 AND 620 QUALIFICATION OF TESTING PERSONNEL AND LABORATORIES Sections 106 and 620 of the Standard Specifications are hereby revised for this project as follows: Add subsection 106.031, immediately following subsection 106.03, as follows: 106.031 Qualification of Testing Personnel and Laboratories. Personnel performing tests used in mix design or the acceptance / rejection / price adjustment decision, and the laboratories in which those tests are performed, shall be qualified in accordance with Colorado Procedures 10, 11, and 12. Copies of CP 10, CP 11, and CP 12 may be obtained from the Resident Engineer. Subsections 620.03 and 620.04 shall include the following: Each laboratory shall be qualified in accordance with Colorado Procedures 10, 11, and 12. Copies of CP 10, CP 11, and CP 12 may be obtained from the Resident Engineer. July21, 1999 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES y Section 109 of the Standard specifications is hereby revised for this project as follows: In subsection 109.01, following paragraph 15, add the following: The Engineer will randomly verify the accuracy of the certified weigher on every project where the weights are manually entered on the scale ticket. This verification will consist of at least one comparison check on the project. Additional verification checks may be required as determined by the Engineer. The Engineer will randomly select a loaded truck after the truck has been issued a scale ticket by the certified weigher. The loaded truck will then be reweighed, in the presence of the Engineer, on the same scale and the weight compared with the weight on the scale ticket. Reweighed loads shall be within the tolerance of 100 (kg 200 pounds) plus or minus. y The Engineer will also verify the accuracy of computerized scales. Computerized scales are scales that automatically print weights on the scale ticket. This verification will consist of at least one comparison check when the project requires more than 2500 metric tons (2500 tons) of material to be weighed. This comparison check shall be made by reweighing a loaded vehicle. The Contractor shall either provide a second certified scale or select a second certified scale in the vicinity to be used for the comparison check. Comparison checks shall be performed using the following procedures: (1) Hopper Scale. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be weighed on a certified platform scale to record the gross weight. The truck shall be unloaded and weighed again on the same scale to record the tare weight. The tare weight shall be subtracted from the gross weight and compared against the net weight recorded on the scale ticket. (2) Platform Scales. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be reweighed on a second certified scale and the gross weight shall be compared against the gross weight on the first scale ticket. ", Should a comparison check reveal a weight difference of more than one percent, a second comparison check shall be performed immediately. If the weight differences of both comparison checks exceed the one percent limit, the Contractor shall immediately stop weighing and the scale shall be recertified and resealed at the Contractor's expense. The necessary adjustments as indicated by the recertification will be made to all scale tickets issued since the last certification or on the entire project, whichever occurred later, unless the Contractor demonstrates to the satisfaction of the Engineer that the defect in the scale was present for a -^ lesser period of time. If it is necessary to recertify a scale, and more than 2500 metric tons (2500 tons) of material remain to be weighed, another scale comparison check shall be made. All comparison checks shall be made at the Contractor's expense. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders 7/96 Section 00100 Page 5 July21, 1999 1 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.03(a), delete the last paragraph and replace with the following: The Engineer will approve or reject the written proposal in writing within two weeks after the submittal. The Engineer may order additional control measures prior to approving the proposed modifications. The Contractor shall be responsible for amendments to permits or certifications required as a result of the approved changes. Modifications to the erosion control measures shall not be reason for extension of contract time. In subsection 208.03(c) delete item (4) and replace with the following: (4) Inspect, with the Engineer or designated representative, all erosion control features implemented for the project. The inspections shall take place at least once every 14 calendar days and after each storm event that causes surface runoff. A report shall be submitted to the Engineer after every inspection and shall become part of the Department s project records. The appropriate form for this report will be supplied by the Engineer. The inspections shall be made during the progress of the work, during work suspensions, and until final acceptance of the work. During project suspensions, inspections shall take place at least once every 30 calendar days, or as directed. Delete subsection 208.04(b) and replace with the following: (b) Work Outside the Right -of -Way. In areas outside the right-of-way that are used by the Contractor and which include, but are not limited to, borrow pits, haul roads, storage and disposal areas, maintenance, batching areas, etc., erosion and sediment control work shall be performed by the Contractor at the Contractor's expense. In subsection 208,04(d) the second paragraph shall include the following as the last sentence: If approved by the Engineer, slopes from the edge of pavement to the point of slope selection may be left unseeded until paving has been completed. In subsection 208.04(d) delete the third paragraph and replace with the following: The duration of the exposure of uncompleted construction to the elements shall be as short as practicable. Completed areas shall be permanently stabilized within seven calendar days after completion. Disturbed areas where work is temporarily halted shall be temporarily stabilized within seven days after the activity ceased unless work is to be resumed within 30 calendar days after the activity ceased. Payment for temporary stabilization will be made at the contract unit price if the work was interrupted due to no fault or negligence of the Contractor. Payment will not be made for temporary stabilization required by Contractor's negligence, by the lack of proper Contractor scheduling or for the convenience of the Contractor. Delete subsection 208.05(e) and replace with the following: (e) Temporary Diversion. Unless otherwise specified in the Contract or directed, the diversion's ridge and channel shall be stabilized within 14 calendar days of its installation. The diversion shall be installed prior to any up slope land disturbance. Add subsection 208.06 which shall include the following: 208.06 Failure to Perform Erosion Control. The Contractor will be subject to a disincentive for incidents of failure to perform erosion control as required by the Contract. Incidents to which this disincentive may be applied include the following: July 21, 1999 2 REVISION OF SECTION 208 EROSION CONTROL (1) Failure to submit an initial schedule or failure to submit a weekly schedule update as specified in " subsection 208.03(b). ... (2) Failure of the Erosion Control Supervisor to perform the inspections required by subsection 202.03(c)4. (3) Failure of the Erosion Control Supervisor to implement necessary actions requested by the Engineer as required by subsection 208.03(c)6. (4) Failure to design and implement erosion and sediment control measures for unforseen conditions as required by subsection 208.04(a). (5) Failure to construct or implement erosion control or spill containment measures required by the Contract, or failure to construct or implement them in accordance with the Contractor's approved schedule as required by subsection 208.04(c). (6) Failure to limit the exposed surface area of erodible earth to 34 or fewer acres (13.8 or fewer ha) as required by subsection 208.04(d). (7) Failure to temporarily stabilize areas where work is temporarily halted within 7 days as required by subsection 208.04(d). (8) Failure to perform maintenance of an erosion control feature within 48 hours after notice from the Engineer to perform maintenance as required by subsection 208.04(e). (9) Failure to remove and dispose of sediment from erosion control features as required by subsection 208.04(f) and subsections 208.05(c), (h), 0), and (k). The Engineer will notify the Contractor in writing of each incident of failure to perform erosion control, items (1) through (9) above. The Contractor will be allowed 7 calendar days from the date of notification to correct the failure. The Contractor will be charged a $500 disincentive for each calendar day after the seventh day that one or more of the incidents of failure, items (1) through (9) above, remains uncorrected. The disincentive will accumulate, for each cumulative day that one or more of the incidents remains uncorrected. The number of disincentive days will be cumulative for the duration of the project, that is: the disincentive charge for a particular disincentive day will be added to the total number of disincentive days accumulated on = the project. Total disincentive will be deducted from any monies due the Contractor. June 8, 2000 REVISION OF SECTION 401 PLANT MIX PAVEMENTS — GENERAL Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.02(b), delete the eighth, ninth, and tenth paragraphs (last three paragraphs) and replace with the following: If one or more samples fail to meet the requirements of Table 401-2, material from the area represented by the failing sample will be evaluated as follows: If the area represented by the failing sample contains 2000 tons of the new pavement or less, then the result for the failing sample shall be considered a lot of one and will be evaluated according to the formulas and procedures in subsection 105.03. If the area represented by the failing sample contains more than 2000 tons of the new pavement, then the material from the area represented by the failing sample will be sampled and tested by one of the two following methods. The Engineer will designate which of the two methods will be used before paving begins: (1) Pavement samples for possible moisture susceptibility testing will be taken at a minimum frequency of every 2000 tons throughout the project. The Engineer will observe the sampling, take possession of the samples, and retain these samples for possible testing. Sample size shall be a minimum of 9 kg (20 pounds). If a 10,000 ton sample fails then the four 2000 ton samples from the area represented by that failing 10,000 ton sample will be tested for moisture susceptibility. The 10,000 ton result and the four 2,000 ton result will be considered a lot of five and will be evaluated according to the formulas and procedures in subsection 105.03. If less than four retained samples are on hand because the 10,000 ton sample represents less than 8000 tons of hot bituminous pavement, the price adjustment will be based on the test results from the retained samples on hand plus the test result from the 10,000 ton sample. (2) Pavement will be taken from five locations in the area which was represented by the failing sample. Samples shall be taken in an acceptable manner that will facilitate patching. The quantity represented shall be 10,000 metric tons (10,000 tons) or as approved. A minimum of 9 kg (20 pounds) of testable material shall be taken from each location to conduct a moisture susceptibility test. The Engineer will observe the sampling, take possession of the samples, and conduct a moisture susceptibility test for each of the five sample locations. Duplicate samples may be taken and retained by the Contractor at the Contractor's expense. Each set of five test results will be considered a lot and will be evaluated according to the formulas and procedures in subsection 105.03. The time the samples are taken and their location shall be approved by the Engineer. Taking samples and patching the sample holes shall be done at the expense of the Contractor. If the calculated "P" is zero or less the Contractor will be reimbursed in the amount of $200 per location,or the actual cost of obtaining samples as indicated by invoices. For each of the above evaluations the "F" factor used in calculating P factors shall be 2.5. The P value shall be applied to price of the HBP item. If asphalt cement is not paid for separately the price reduction shall be multiplied by 0.60. Lottman P values will not be combined with Pay Factors for other elements determined in accordance with QC/QA specifications. July21, 1999 1 REVISION OF SECTION 401 WEATHER LIMITATIONS AND PLACEMENT TEMPERATURES Section 401 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 401.07 and replace with the following: 401.07 Weather Limitations and Placement Temperatures. Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water, snow, and ice. The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in Table 401-3 and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted. Table 401-3 Placement Temaerature Limitations in 9C Compacted Layer Thickness in mm (inches) Minimum Surface and Air Temper ure QC QF Top Layers Below Layer Top Layer <38 (1Y2) 15 (60) 10 (50) 38 (1 Y2) - <75 (3) 10 (50) 5 (40) 75 3 or more 1 7 45) 2 35 Note:Air temperature is taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed. If the temperature falls below the minimum air or surface temperatures, paving shall stop. The Contractor shall schedule the work so that no planed or recycled surface is left without resurfacing for more than 10 calendar days during the period specified in Table 401-3A, below. The Contractor shall immediately place a temporary hot bituminous pavement layer on any surface that has been planed or recycled and can not be resurfaced in accordance with the above temperature requirements within 10 calendar days after being planed or recycled. The minimum thickness of the temporary hot bituminous pavement layer shall be 50 mm (2 inches). The Contractor shall perform the quality control required to assure adequate quality of the hot bituminous pavement used in the temporary layer. All applicable pavement markings shall be applied to the temporary layer surface. The Contractor shall maintain the temporary layer for the entire period that it is open to traffic. Distress which affects the ride, safety, or serviceability of the temporary layer shall be immediately corrected to the satisfaction of the Engineer. The temporary hot bituminous pavement layer shall be removed when work resumes. Table No. 401-3A Parieds Reauldna Overlav of Treated Surfaces Period During Which Planed or Recycled Location by Elevation Surfaces Must be Overlaid within Ten Days All areas below and including 2100 m October 1 to March 1 7000 feet All areas above 2100 m (7000 feet) up September 5 to April 1 to and including 2600 m 8500 feet All areas above 2600 m (8500 feet) August 20 to May 15 In Subsection 401.15, delete Table 401-4 and replace with the following: July21, 1999 2 REVISION OF SECTION 401 WEATHER LIMITATIONS AND PLACEMENT TEMPERATURES TABLE 401-4 Asphalt Grade Minimum Mix Discharge Temperature, °C °F * Minimum Delivered Mix Temperature, °C °F ** PG 58-28 135 (275) 113 (235) PG 58-22 138 (280) 113 (235) PG 64-22 143 (290) 113 (235) PG 76-28 160 (320) 138 (280) PG 70-28 149 (300) 138 (280) PG 64-28 160(320) 138(280) PG 58-34 149 (3--t 00) 138 (280) * The maximum mix discharge temperature shall not exceed the minimum discharge temperature by more than 17 °C (30 4F) . ** Delivered mix temperature shall be measured behind the paver screed. In subsection 401.17, first paragraph, delete the last 2 sentences and replace with the following: When the mixture contains unmodified asphalt cement (PG 58-28, PG 58-22, or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 850C (185 4F), no further compaction effort will be permitted unless approved. If the mixture contains modified asphalt cement (PG 76-28, PG 70-28, or PG 64-28) and the surface temperature falls below 110 *C (230 4F), no further compaction effort will be permitted unless approved. Subsection 401.22 shall include the following: All costs of the temporary hot bituminous pavement layer required according to subsection 401.07, maintenance and removal of the temporary pavement layer, temporary pavement marking, and traffic control will not be paid for separately, but shall be included in the work. August 20, 1999 1 REVISION OF SECTIONS 401 AND 703 COMPOSITION OF MIXTURES (NON -VOIDS ACCEPTANCE) Sections 401 and 703 of the Standard Specifications are hereby revised for this project as follows: ^ In subsection 401.02(a), delete the first, second, and third paragraphs and replace with the following: (a) Mix Design. The Contractor shall submit the following to the Engineer: (1) A proposed plant mix pavement mix design prepared in accordance with Colorado Procedure 52 (CP 52- 99), including a proposed job -mix gradation for each mixture required by the Contract which shall be wholly within the Master Range Table, Tables 703-3A, B, and C, before the tolerances shown in Table 401-1 are applied. The weight of lime shall be included in the total weight of the material passing the 75 µm (No. 200) sieve. The restricted zone boundaries shown for all gradings in Tables 703-3A, 703-3B, and 703-3C are to be used as guidelines in mix design development. However, the job -mix gradation is not required to pass above or below the restricted zone boundaries.. (CP 52-99 replaces CP 52 and CP 54 in the Department's 1999 Field Materials Manual and is available from the Resident Engineer.) (2) The name of the refinery supplying the asphalt cement and the source of the anti -stripping additive. (3) A sufficient quantity of each aggregate for the Department to perform the tests specified in section 2.2.1 of CP 52. In subsection 703.04 delete Table 703-3 and replace with Tables 703-3A, B, and C as follows: TABLE 703-3A Master Range Table for Hot Bituminous Pavement (Grading S) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 37.5 mm (11/z 1 25.0 mm (1'1 100 19.0 mm (�/<1 90 - 100 12.5 mm (1/x 1 ' 9.5 mm (3/e l ' 4.75 mm (#4) 2.36 mm (#8) 23 - 49 34.6 34.6 1.18 mm (#16) 22.3 28.3 600 µm (#30) 16.7 20.7 300 pm (#50) 13.7 13.7 150 µm (#100) 75 µm (#200) 2-8 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. rr N August 20, 1999 REVISION OF SECTIONS 401 AND 703 COMPOSITION OF MIXTURES (NON -VOIDS ACCEPTANCE) TABLE 703-36 Master Range Table for Hot Bituminous Pavement (Grading SX) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 37.5 mm (1 �/z'1 25.0 mm (1'1 19.0 mm (3/a 1 100 12.5 mm (1/z 1 90 - 100 9.5 mm (3/e 1 ' 4.75 mm (#4) ' 2.36 mm (#8) 28 - 58 39.1 39.1 1.18 mm (#16) 25.6 31.6 600 µm (#30) 19.1 23.1 300 µm (#50) 15.5 15.5 150 µm (#100) 75 µm (#200) 2 - 10 These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. August 20, 1999 3 REVISION OF SECTIONS 401 AND 703 COMPOSITION OF MIXTURES (NON -VOIDS ACCEPTANCE) TABLE 703-3C Master Range Table for Hot Bituminous Pavement (Grading SG) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 37.5 mm (1'/2j 100 25.0 mm (1'1 90 - 100 19.0 mm (3/e 1 12.5 mm ('/2 1 9.5 mm (3/e") ' 4.75 mm (#4) 39.5 39.5 2.36 mm (#8) 19 - 45 26.8 30.8 1.18 mm (#16) 18.1 24.1 600 µm (#30) 13.6 17.6 300 µm (#50) 11.4 11.4 150 µm (#100) 75 µm (#200) 1-7 These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. July 21, 1999 REVISION OF SECTION 630 NCHRP 350 REQUIREMENTS Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.08 shall include the following: Work zone devices designated by FHWA as category 1 including 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 1 device before it is first used on the project. 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: P_..wle ...A Ti...nfehle fnr Ulnnrifu I Ifilive#inn Timetable - Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area SMSA Involved 157 (Denver) 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, Dou las, Gil in, 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) on 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 (Grand Junction) Non SMSA Archuleta, Delta, Dolores, Eagle, Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION UntilFurther Notice.....................................................................................................................6.9% Statewide . 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 7/96 Section 00100 Page 7 July 21, 1999 2 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 goals 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. July21, 1999 . ,, 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority' includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); _ (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and �y (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). ty 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. r.. 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 specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female 'O 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. r■ July 21, 1999 4 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. 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. July 21, 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. r 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. July 21, 1999 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., 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 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. ., b. The Contractor will work with the State highway agencies and the Federal Government in carrying out .� equal employment opportunity obligations and in their review of his/her activities under the contract. •+11 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. July21, 1999 8 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the 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 Contractors equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractors equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. 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. July21, 1999 7 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. 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 and 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. . 4, July 21, 1999 10 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. July 19, 2000' -3- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS Committee to discuss the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. 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, r.l h a J 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 9 July 19, 2000 -4- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS "Information For Determining Joint Venture Eligibility". Joint applications should be submitted well in advance of bid openings. (c) Bidding Requirements 1. All bidders shall submit with their proposals a fully executed CDOT Form No. 714 including a list of the names of their UDBE subcontractors to meet the contract goal. The apparent low bidder shall submit a fully executed CDOT Form No. 715 for each UDBE used to meet the contract goal (sample attached) no later than 4:00 p.m. on the day after the date of bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form No. 715 may be submitted by FAX, at Fax number (303)757- 9019, with an original copy to follow. In addition, the apparent low bidder shall submit written confirmation from every UDBE used to meet the contract goal that it is participating in the contract as provided in the prime contractor's commitment. If the contract goal is not met, the apparent low bidder shall submit a CDOT form No. 718 and evidence of good faith efforts no later than 4:00 on the day following the bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form NO. 718 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. A copy of CDOT Form No. 718 is incorporated into this specification. 2. The award of Contract, if awarded, will be made to the lowest responsible bidder that will meet or exceed the contract goal or, if the goal will not be met, is able to demonstrate that good faith efforts were made to meet the goal. Good faith efforts are explained in (a)4 of this special provision. 3. The use of the UDBE firms named on 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% 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 19, 2000 -5- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 3. The Contractor may count toward its contract goal the percentage of the total dollar amount of a contract with a Department certified joint venture that equals the percentage of the ownership and control of the .. UDBE partner in a joint venture. 4. A. The Contractor may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A DBE is considered to be performing a commercially useful function by actually performing, managing, and , supervising the work involved. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the DBE, industry practices, and other relevant factors. B. A DBE may enter into subcontracts consistent with normal industry practices. If a DBE contractor .. subcontracts over 51 % of the work of the Contract the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to rebut this presumption to the Department. 5. The Contractor may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies. A. The Contractor may count 100 percent of its expenditures to a UDBE manufacturer. A DBE .� manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor. B. The Contractor may count 60 percent of its expenditures to UDBE suppliers that are not manufacturers, provided that the DBE supplier performs a commercially useful function in the supply process. A DBE supplier is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract .. are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a supplier the firm must engage in, as its principal business and in its own name, the purchase and sale •— of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the ^ meaning of this section. w., C. The Contractor may count toward its contract goal the following expenditures to UDBE firms that are not manufacturers or suppliers: (1) The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (2) The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (3) The fees or commissions charged for providing any bonds or insurance specifically required for ..� the performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. ,. 6. To determine the goals achieved under this Contract the participation as described in (d) of this special provision shall be divided by the original prime Contract amount and multiplied by 100 to determine the July 19, 2000 -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 CDOT Form No. 715 be replaced with another UDBE pursuant to the terms and conditions of this special provision. In the event that the Contractor is able to both document the need and to offer a replacement UDBE who can perform the work at a reasonable cost, the Department will approve the replacement at no additional cost to the Department. Replacements will be allowed only with prior written approval of the Department. 1. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Contractor shall furnish to the Department the following: A. Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Contractor. B. A full written disclosure of the circumstances making it impossible for the Contractor to comply with the condition of award. C. Documentation of the Contractor's assistance to the UDBE named on COOT Form No. 714 or on CDOT Form No. 715. D. Copies of any pertinent correspondence and documented verbal communications between the Contractor and the named UDBE. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. It is within the control of the Contractor to locate, prior to award, DBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an in -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 19, 2000 -7- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS In the event the Contractor is able to locate a replacement UDBE who can perform work at a reasonable .. cost to the Contractor, and also demonstrates to the satisfaction of the CDOT that prior to bid it had reason to believe that the named UDBE firm was responsible and not expected to default, the ` Department may modify or renegotiate the Contract to compensate the Contractor for any reasonable extra costs, because of a higher price in the proposal of the replacement UDBE subcontractor than that of the original UDBE subcontractor who failed to perform. ... Provided, however, that the Department will not be obligated to participate in any increased cost to the , Contractor if the UDBE that fails to perform has a recent history of performance failure(s) or default that was either known, or should have been known, to the Contractor prior to award. 3. If the Contractor is unable to locate a UDBE replacement that is both interested in and capable of performing the work at a reasonable cost, the Department may waive the requirement that the work be performed by a UDBE and the Contractor shall provide for the satisfactory completion of the work at no additional cost to the Department. -, (f) Sanctions It is the obligation of the Contractor to provide DBE firms with the maximum opportunity to participate in the performance of the work. It is the responsibility of DBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and requirements. DBE firms which fail to perform a commercially useful function as described in subsection (d)4 of these DBE definitions and requirements or operate in a manner which is not consistent with the intent of the DBE r 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 ^* rr COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED UNDERUTILIZED DBE PARTICIPATION Protect # Location Project code (SA#) Sheet of Contractor:1. An officer of the contractor(s) must complete this form. 5. Send original to: 2. 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. 4. Retain a photocopy for your records. Denver, Colorado 80222 FAX: (303) 757-9019 DBE Subcontractor information DBE Subcontractor name O African American ❑ Asian or Native American Certification # Expiration data; Items of work subcontracted A) What is the total dollar value of this proposed subcontract that is applicable�toward contract goals? (NOTE: dollar values are to be actual subcontractor. dollars and not prime contract prices) B) What is the total dollar value of proposed subcontracts that are applicable toward contract goals from prior sheets? C) What is the accumulative value of proposed subcontracts that are applicable towards contract goals? D) What is the orginal contract bid total? E') What is the accumulative percent of contract bid total subcontracted to African American DBEs? Ez) What is the accumulative percent of contract bid total subcontracted to Asian or Native American DBEs? F) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? A + B = C (C+D)x 100 =F A> B> C> D> E'> Ez> F> Contractor certification I certify that: tll 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. 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. 0 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. Prime contractor name Date Officer signature and title Oriainai - Business Proararns mov - Protect Enaineer Previous editions are obsolete and may not be used COOT Form #715 3199 copy- Region EEO representative copy - Contractor P COLORADO DEPARTMENTOFTRANSPORTATION roject UNDERUTILIZED DBE GOOD FAITH EFFORT Location DOCUMENTATION Date The Contractor who is the apparent low bidder on a CDOT construction project and has failed to meet the Underunlizea Ubt. tuut5r contract goals shall use this form to document good faith efforts made to date by said Contractor to attempt to meet these goals. FAILURE TO FULLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID. Each portion of this form is to be addressed in the space provided, or on supplemental sheets. Attach supporting documentation as required. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303-757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Solely at its discretion, CDOT may request additional information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts. I. List sufficient bid items (including portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the I 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, contact by;mail, FAX and/or telephone a minimum of two currently CDOT-certified UDBEs whose work and function codes match the type of work being solicited. For projects in areas of the state where there are more than two UDBEs capable of performing identified subcontract items, contact at least two thirds of those UDBEs. If soliciting by telephone, provide a telephone log of calls, includingtopicof discussion-, date, time, name of person contacted, and the response received. If soliciting by mail, provide copies of letters to UDBEs and their responses. Letters and FAXes must specifically identify the project, the items to be subcontracted, and the bid date. Letters and FAXes must provide an address and phone number where specific quantities or details will be available to bidders. The Contractor shall provide sufficient time to allow the UDBEs to participate effectively in the bidding process. Submit a detailed,explanation addressing failure to provide any of the above. Original -Business Programs Office, Copy -Contractor OVER Previous editions are obsolete and may not be used CDOT Form #718 3199 III. List all UDBE and non-UDBE bidders, bid dollar amounts for each bid item, and the name of the successful bidder. Describe how bid items were broken down to increase opportunities for specific UDBE bidders. If the UDBE bids were rejected, give reasons for each case. Cost alone may not be adequate justification for failure to use a UDBE bid. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. Whether a bid is "competitive" or "significantly lower" will be determined by CDOT. Provide a detailed explanation for failure to provide any of the above. IV. The efforts required herein are not exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In determining whether Good Faith Efforts have been made, the quantity and intensity of the efforts made as well as kinds of efforts made may be considered. List any additional efforts to increase UDBE contract participation, such as requesting subcontractors to assist with providing UDBE participation. Note the results of such efforts. THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. Company Signature Title Phone FAX MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. C0000001. HEAVY AND HIGHWAY CONSTRUCTION, STATEWIDE DATE 9-08-00 AGE NO. 1 of 8 Decision No. C0000001 dated February 11, 2000 supersedes Modifications ID Decision No. C0990001 dated March 12, 1999 Mod 1, 3-17-00 Page 3 1 Mod 2, 4-07-00 Page 4, 7 2 Mod 3, 4-14-00 Page 4, 7 3 Mod 4, 5-05-00 Page 1,2,3 4 Mod 5, 6-02-00 Page 1,2 5 Mod 6, 7-14-00 Page 3, 4 6 Mod 7, 8-11-00 Page 1,3, 7 Mod 8, 9-08-00 Page 2 8 Code Classification Basic Hourly Fringe Benefits Last Rate Mod 101 CARPENTERS $19.00 $4.80 4 151 MILLWRIGHTS 22.12 5.84 4 ELECTRICIANS: Area l: 211 Electrical work $200,000 or less 18.98 6.14+ 3% 5 212 Electrical work over $200,000 22.13 6.14+ 3% 5 Area 2: 221 Electricians 24.61 6.56+ 3% 5 Area 3: 231 Electricians 22.35 7.14+ 3% 7 Area 4: 241 Electricians 20.35 5.14+4% 5 LINE CONSTRUCTION: 271 Cable Splicers 24.67 2.00+ 15.25% 272 Lineman, Gas Fitter, Welder 25.15 2.00+ 15.25% 273 Line Equipment Operator, Line Truck Crew 19.64 2.00+ 15.25% 274 Groundman 12.94 2.00+ 15.25% 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 9-08-00 C0000001, HEAVY AND HIGHWAY CONSTRUCTION, STATEWIDE PAGE NO.2 of 8 Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS: (Tunnels Above and Below Ground, Shafts, and Raises) 301 Group 1 $19.82 $4.77 4 302 Group 2 20.17 4.77 4 303 Group 3 20.27 4.77 4 304 Group 4 20.52 4.77 4 305 Group 5 20.67 4.77 4 306 Group 6 21.07 4.77 4 307 Group 7 20.67 4.77 4 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 17.67 4.77 5 332 Group 2 18.02 4.77 5 333 Group 3 18.37 4.77 5 334 Group 4 18.52 4.77 5 335 Group 5 18.67 4.77 5 336 Group 6 18.82 4.77 5 337 Group 7 19.58 4.77 5 IRONWORKERS: 401 Structural, Ornamental, & Reinforcing 19.75 7.11 8 LABORERS 501 Group 1 14.55 3.28 4 502 Group 2 14.60 3.28 4 503 Group 3 15.10 3.28 4 504 Group 4 11.25 3.28 4 LABORERS: (TUNNEL) 511 Group 1 14.55 3.28 4 512 Group 2 15.45 3.28 4 513 Group 3 15.55 3.28 4 514 Group 4 16.65 3.28 4 515 1 Group 5 16.60 3.28 4 MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. DATE 9-08-00 CO000001 HEAVY AND HIGHWAY CONSTRUCTION STATEWIDE PAGE NO.3 of 8 Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORERS: (SHAFTS, RAISES, MISSILE SILOS AND ALL UNDERGROUND WORK OTHER THAN TUNNELS) 531 Group 1 $15.55 $3.28 4 532 Group 2 15.70 3.28 4 533 Group 3 15.80 3.28 4 534 Group 4 16.05 3.28 4 535 Group 5 16.15 3.28 4 536 Group 6 16.75 3.28 4 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. 17.95 3.28 4 WATER, SEWAGE AND GAS LINES: 571 Janitors, Yardmen, Traffic Directors 11.25 3.28 4 572 Laborers 13.85 3.28 4 573 Pipelayer (one per crew) 14.35 3.28 4 PAINTERS 611 Brush 18.36 3.67 1 612 Spray 19.36 3.67 1 613 Swing Stage 19.36 3.67 1 701 CEMENT MASONS 20.20 3.52 4 711 HAZARDOUS AND TOXIC WASTE 22.20 3.52 4 CONSTRUCTION SPECIALIST 721 CONCRETE SPECIALIST: Including finishing; grouting, 23.20 3.52 4 patching, and curbing. PLUMBERS: 801 Denver County 24.92 5.34 7 802 Montezuma County 21.28 5.40 6 PIPEFITTERS: 831 Denver County24.97 5.29 7 SECTION 00300 BID FORM MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. DATE 9-08-00 CO00000I, 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); Contracts up to and including $799,999 841 Zone 1 $17.75 $6.97 3 842 Zone 2 20.275 6.97 3 Contracts $800,000 and over 851 Zone 1 20.00 6.97 3 852 Zone 2 22.525 6.97 3 861 AREA 2 PLUMBERS and PIPEFITTERS 23.15 5.85 6 TRUCK DRIVERS: 901 Group 1 14.11 4.86 2 902 Group 2 14.83 4.86 2 903 Group 3 15.17 4.86 2 904 Group 4 15.70 4.86 2 905 Group 5 16.35 4.86 2 906 1 Group 6 17.15 4.86 2 WELDERS - receive rate prescribed for craft performing operation to which welding is incidental. MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. DATE 9-08-00 C0000001 HEAVY AND HIGHWAY CONSTRUCTION, STATEWIDE PAGE NO. 5 of 8 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(v)]. ELECTRICIANS: Area 1: Alamosa, Archuleta, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Pueblo, Rio Grande, and Saguache Counties. Area 2: Adams, Arapahoe, Boulder, Clear Creek, Denver, Douglas, Eagle, Gilpin, Grand, Jackson, Jefferson, Lake, Larimer, Logan, Morgan, Phillips, Sedgwick, Summit, Washington, Weld, and Yuma Counties. Area 3: Cheyenne, Elbert, El Paso, Kit Carson, Lincoln, Park, and Teller Counties. Area 4: Delta, Dolores, Garfield, Gunnison, Hinsdale, La Plata Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, and San Miguel Counties. POWER EQUIPMENT OPERATORS CLASSIFICATIONS: (Tunnels Above and Below Ground, Shafts, and Raises) Group 1: Brakeman. Group 2: Motorman. Group 3: Compressor. Group 4: Air Tractors; Grout Machine; Gunnite Machine; Jumbo Form. Group 5: Concrete Placement Pumps, Mucking Machines and Front End Loaders, Underground, Slusher; Mine Hoist Operator, Mechanic. Group 6: Mole. Group 7: Mechanic Welder. POWER EQUIPMENT OPERATORS CLASSIFICATIONS: Group l: 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 cu. yds. and under; Concrete Mixer over 1 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 9-08-00 C0000001, HEAVY AND HIGHWAY CONSTRUCTION, STATEWIDE PAGE NO 6 of 8 LABORERS CLASSIFICATIONS: Group 1: Minimum labor, 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 chaser; tie bars and chairs in concrete paving; waterproofing concrete. Group 2: Air, gas, hydraulic tools and electrical tool operators; barco hammers; cutting torches; drill; diamond and core drills; electric hammers; jackhammers; hydraulic jacks; tampers; air tampers; boring machines; air hydraulic boring machines; automatic concrete power curbing machines; concrete processing material; form -setters; highways, streets, and airports runways; operators of 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; caissons 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; tmbermen, timber and chain saws; sand blaster; licensed powdermen; powdermen and blaster; siphons; signalmen; grade checker. Group 3: Plug and galleys in dams; scalers and work on or off bridges 40' above the ground performed by laborers working from a Bos'n chair, swinging stage, life belt, or block and tackle as a safety requirement. Group 4: Traffic directors. TUNNEL LABORERS CLASSIFICATIONS: Group 1: Outside Laborer above ground. Group 2: Minimum Tunnel Laborer, Dry Houseman. Group 3: Cable or Hose Tenders, Chuck Tenders, Concrete Laborers, Dumpmen, Whirley Pump Operators. 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 Men, internal and external; Unloading, stopping and starting of Moran Agitator Cars; Diamond and Core Drill Operators; Shotcrete Operator; Gunnite Nozzlemen, Sand Blaster, Pump Concrete Placement Men. LABORERS CLASSIFICATIONS:(Shafts, Raises, Missile Silos and All Underground Work Other Than Tunnels) Group l: Laborers, Topmen, Bottommen and Cagers. Group 2: Chucktenders, Concrete Laborers, Whirley Pump Operators, Group 3: Tenders in Shotcrete Gunniting and Sand Blasting; Tenders on Core and Diamond Drills; Pot Tenders. Group 4: Diamond and Core Drill Operators; Gunnite Nozzlemen; Shotcrete Operators; Sandblasters and Pump Concrete Placement Men. ' Group 5: Any employee performing work underground from a Bos'n Chair, Swinging Stage, Life Belt or Block and Tackle as a safety requirement. 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 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 9-08-00 C0000001 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, 3 Prowers, Pueblo, Rio Grande, and Saguache. Zones (Basing Point: Main Post Office — 5th & Main Street, Pueblo, CO) Zone 1: 0-40 miles M..M Zone 2: 40 miles and over Area 2 Cheyenne, El Paso, and Teller, Elbert (Southern portion including the towns of Elbert, Matheson, and Simla), 3 Lincoln (including the towns of Genoa and Arriba in the southern portion of county), Kit Carson (including the towns of Flagler, Seibert, Vona, Stratton, and Bethune), Douglas (including the towns of Larkspur, and Palmer Lake), Park (including the towns of Fairplay, Hansel, and Lake George), counties. TRUCK DRIVER CLASSIFICATIONS: ., Group 1: Pickup, Greasemen, Servicemen and Ambulance Drivers, Battery Men, Sweeper Truck, Flat Rack Single Axle and 2 , 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 2 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 Grease. .. Group 3: Truck Driver Snow Plow, Truck Driver Dumptor Type Jumbo and similar type equipment, Dump Truck Driver of 14 2 cubic yards to and including 29 cubic yards, Floats. Group 4: Dump truck driver over 29 cubic yards, to and including 79 cubic yards, Cement Mixer Agitator Truck over 10 cubic 2 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 vards, Mechanic, Heavy Duty Diesel Mechanic, Body Man, Welders or 2 Combination Man. Group 6: Low Boy. 2 ^ MINIMUM WAGES, COLORADO U.S. DEPT. OF LABOR DECISION NO. DATE 9-08-00 C0000001, HEAVY AND HIGHWAY CONSTRUCTION, STATEWIDE PAGE NO 8 of 8 WAGE DETERMINATION APPEALS PROCESS 1. Has there been an initial decision in the matter? This can be: ♦ an existing published wage determination ♦ a survey underlying a wage determination ♦ a Wage and Hour Division letter setting forth a position on a wage determination matter ♦ a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. And 3. should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of construction wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, 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 parry'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. July21, 1999 » 1 ON THE JOB TRAINING This training special provision supplements subparagraph 6 of paragraph B and supersedes subparagraph 7b of paragraph C of the Special Provision entitled "Affirmative Action Requirements, Equal Employment Opportunity" and is an implementation of 23 U.S.C. 140 (a). As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided as follows: (a) General Requirements 1. The Contractor shall provide on the job training aimed at developing full journey workers in the type of trade or classification involved. 2. Training and upgrading of minorities and women toward journey worker status is a primary objective of this training special provision. Accordingly, the Contractor shall make every reasonable effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and ., private sources likely to yield minority and women trainees) to the extent that such persons are available within a reasonable area of recruitment. The Contractor shall be responsible for demonstrating the steps .. that were taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this training special provision. This training commitment shall not be used to discriminate ^ against any applicant for training whether a member of a protected class or not. ,y 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. rd 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 y 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 d 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 maybe permitted when significant and meaningful training is provided and it is approved by the FHWA Division office. There will be no reimbursement for offsite training. July21, 1999 2 ON THE JOB TRAINING 6. The Contractor shall pay the training program wage rates and the correct fringe benefits to each registered trainee employed on the contract work and currently enrolled in an approved program. The minimum trainee wage shall be the full laborer wage (group 2, outside labor, above ground) on all Davis -Bacon projects. 7. All apprentices or trainees for which the Contractor expects to receive reimbursement must first be registered on the project by submitting a completed CDOT Form 838. This form must then be reviewed and approved by the CDOT Region Equal Employment Opportunity (EEO) Representative before reimbursement will be made. Requests for registration shall be submitted in writing to the Engineer and will be granted when the following information is provided and approved: A. A completed CDOT Form No. 838 for each trainee or apprentice B. Evidence of the certification of the applicable trainee program. C. Evidence of the registration of the trainee into the approved trainee program D. A copy of the current applicable approved training program. 8. Within the first 100 hours of training time completed, the Contractor shall provide each trainee with a review of the training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, company policies and complaint procedure.. The Contractor shall also furnish the trainee a copy of the training program. 9. On a monthly basis, the Contractor shall provide to the Engineer a completed On The Job Training Progress Report (CDOT Form No. 832) for each trainee on the project. The Contractor will be reimbursed for each approved apprentice or trainee required by the Department and documented on CDOT Form 832, but not more than the OJT Force Account budget unless approved by the Engineer. Upon completion of training, transfer to another project, termination of the trainee or notification of final acceptance of the project, the Contractor shall submit to the Engineer a completed CDOT Form No. 832. 10. All forms referred to are available in the Staff Construction Office of the Department of Transportation or through the CDOT Region Equal Employment Opportunity (EEO) Representative. 11. The Engineer will provide reimbursement to the Contractor. Payment is based on the number of hours of on-the-job training the Contractor provides to the trainee under this Contract and the applicable reimbursement rate. Submission of the CDOT Form No. 832 will document the training hours provided during the month, and will be considered a request for payment. Where applicable, the Contractor shall note and explain discrepancies between the hours documented on CDOT Form 832 and the corresponding certified payrolls. To receive payment the CDOT Form Numbers 838 and 832 must be completed in full and the Contractor must be in compliance with all requirements of this specification. (b) Standard Training Program If the Contractor is not participating in the Department's On -the -Job Training Pilot Program, the training shall be provided according to the following. 1. The required number of trainees to be employed on the project shall be as shown in the Contract. The required number of trainees or apprentices employed under the Contract shall be registered with the Department using CDOT Form No 838. 2. Subcontractor trainees who are approved by the Department may be used by the Contractor to satisfy the requirements of this special provision. July21, 1999 3 ON THE JOB TRAINING 3. At least ten working days prior to the first progress payment to be made after work has begun, the 4.w 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 areas 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 NIA 0 B >t - 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. 20 million 1280 6 6 $1,100 1 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. July21, 1999 4 ON THE JOB TRAINING 2. Each trainee enrolled in the Colorado Program will receive a minimum of 1200 hours per year of on-the-job training. Up to 200 hour of offsite classroom training can be included in the 1200 hours minimum. 3. At least ten working days prior to the first progress payment to be made after work has begun, the Contractor shall submit to the Engineer documentation showing DOL or FHWA approval of the Contractor's training program and proof of good standing in the Colorado Program. 4. The Contractor will be reimbursed $4.80 per hour for each approved trainee who is working on the Contract, but not more than the OJT Colorado Program Force Account budget unless approved by the Engineer. The Department will not reimburse for classroom training under the Colorado Program. 5. The Contractor will be considered in compliance with the requirements of the Colorado Program when the Contractor demonstrates to the Department that it has met the requirements of the Colorado Program special provision and the approved Colorado Program Training Plan. 6. The Contractor shall comply with the affirmative action requirements in the approved training program and in the Colorado Program proposal. 7. Contractors having an approved Training Plan for the calendar year in which they are engaging in construction may use this option. Contractors who do not have a current Colorado Program Training Plan must comply with the requirements of Part (b) of this special provision. 8. The minimum required number of trainees to be employed by the Contractor shall be as shown in the Contractor's CDOT approved Colorado Program training plan. 9. The Contractor shall have fulfilled its responsibilities under this training special provision if it has maintained good standing in the Colorado Program during the life of the Contract. July 21, 1999 1 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. information has been attached to this addendum for clarification purposes. This information is referred to in the Revision to Section 203. 9. Digital Camera — Section 203, page 16 of the project specifications requires that the contractor shall purchase and provide a digital camera to CDOT for documentation purposes. This requirement has been eliminated and the contractor does not have to purchase or provide such equipment for this project 10. Guardrail Type 3 (12-6) Post Spacing — The material for this item has been revised. Weathering steel shall be required instead of galvanized metal. 11. End Anchor (SRT) — This item has been added to the bid schedule. This will be the end section required for the guardrail system on State Highway #14. The total added quantity added is one (1). 12. End Anchor Type 3K — This item's quantity has been reduced from four (4) down to three (3). Please verify that you have received all of the following attachments to this addendum: -Revised Bid Schedule -Detail A-1 — Detail of MSE Wall block stacking pattern. -MSE Wall geology report -Revision to Section 203 - Clarification of blasting techniques and project requirements If you have not received all attachments, please contact John Stephen, CPPB, Buyer, at 970-221- 6777. SECTION 00300 BID FORM PROJECT: STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550 Place Date t't \ L,_% 1 . In compliance with your Invitation to Bid dated G ,ham_ e, c and subject to all conditions thereof, the undersigned :''�,,. L'4 •> rs %:7 - a Corteoration �) b mited— -Lr ab llty Company,--Paratrxe­r-ship : ant- venture, -or. Sale ---.Prop-rdetor) ** 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 � `1 � r..';- L) , \ ($ _ �i`1� c`� '�>: ) 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 S. 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 7/96 Section 00300 Page 1 July 21, 1999 XI. XII. RQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHW A-1273 Electronic version — March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 6. Selection of Labor: Page tract, the contractor shall not: General.........................................................1 Nondiscrimination ............................................ t Nonsegrated Facilities......................................3 Payment of Predetermined Minimum Wage .......... 3 Statements and Payrolls...................................6 Record of Materials, Supplies, and Labor.............6 GeneralSubletting or Assigning the Contract ......... 7 Safety: Accident Prevention...............................7 False Statements Concerning Highway Projects. ..7 Implementation of Clean Air Act and Federal Water Pollution Control Act................................8 Certification Regarding Debarment, Suspension...... Ineligibility, and Voluntary Exclusion..................8 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 subcontrac- tor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. During the performance of this con - a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 at sea.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obliga- tions and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other fortes of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not July 21, 1999 , w 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 contractors 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 contractors 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 identity 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 contractors 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 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 contractors 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 quality for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain 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 held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement provid- ing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by autho- rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportuni- ties for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the - job training is being required by special provision, the contractor will be required to collect and report training data. 111. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agree- July21, 1999 ment or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the fine does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)j the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the 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, July21, 1999 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 additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: 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 joumayman-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 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 joumeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated 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- tration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved defini- tion, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per- formed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the require- ments of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentic- es and trainees to journeymen shall not be greater than permitted by the terms of the particular program. July 21, 1999 The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, 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 -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 6. Withholding: 1. Compliance with Copeland Regulations (29 CFR 3): July21, 1999 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 W H-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; (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 Form WH-347 shall satisfy the requirement for submission of the 'Statement of Compliance" required by paragraph 2d of this Section V. f. 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. Vt. 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 636) 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. Fumish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing July21, 1999 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 contract 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 work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the BHA 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 SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the 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). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice 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 repre- 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 at seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 at seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the 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 fine agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such require- ments. Xi. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disquali- fy such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immedi- ate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary partici- pant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction; "debarred," "suspend- ed," "ineligible," "lower 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- tary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of Its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocure- ment List) which is compiled by the General Services Administra- tion. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b 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 tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. 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 her participant leams 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 tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. July 21, 1999 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions: 1. The prospective lower tier participant 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 prospec- tive participant shall attach an explanation to this proposal. XIL 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. July21, 1999 11 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 7 Bid Schedules subject to changes as provided in the Contract Documents. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 1\ ADDRESS: �-k \ cr, ,J. r %7_ vice B. BID SCHEDULE (Base Bid) S 4/Gateway Park Entrance Spec/ Item # Description Unit Unit Cost Est.4,, Q tern Cost 201 JClearing & Grubbi L.S. 1 202 Removal of Sign Pane EAC 2 202 Removal of Fence , L'F 349 203 Unclassified Excavation CYD 2643 203 Rock Excavation CYD 4000 206 Structure Backfill (Class.Al 2000 207 Stockpile Topsoil CYD 600 208 Erosion Bales EACH 50 208 Silt Fence Z LF 500 210 Reset Wilbox Structure EACH 210 Re Pole EACH 3 212 eeding (Native) ACRE 1 2 Mulch Tackifier TON 1.5 213 Landscape Boulder EACH 6 7/96 Section 00300 Page 2 June 8, 2000 I SPECIAL NOTICE TO CONTRACTORS The Contractor shall follow the procedures (303) 757-9227 a minimum of 10 days prior to listed below to ensure the proper inspection, the beginning of fabrication or the Bituminous sampling, testing and certification of materials and Unit at (303) 757-9297 a minimum of 10 days products incorporated into all construction projects. prior to use. Failure to give notification may result in delays to the project and/or rejection of 1. PROVIDE NOTIFICATION OF MATERIALS SOURCES materials or products. AND SUPPLIERS. In accordance with subsection 106.01 of the 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. 2. DESIGNIBUILD PROJECTS - CDOT FORM #250 - MATERIALS DOCUMENTATION RECORD. Two weeks before construction commences, the Contractor shall furnish the Engineer a list of pay items that will be used 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, in writing, if the pay items or quantities are revised during the project. 3. COMPLY WITH BUY AMERICAN REQUIREMENTS. 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. 4. CDOT SAMPLING AND TESTING REQUIREMENTS: A. Preinspected The following items are preinspected by the Colorado Department of Transportation. Inspection arrangements should be made by calling the Bridge Design Inspection Unit at Bearing Devices, Bridge - Type III Expansion Device Bridge (0-6", 0-9", 0-12") Joint and Crack Sealant, Hot Poured Prestressed Concrete Unit Structural Steel - Bridges Waterproofing Membrane, Hot Applied B. Certified Test Reports Certified Test Report. A test report from the manufacturer or an independent testing laboratory, including a signature by a person having legal authority to act for the manufacturer or the independent testing laboratory stating that the test results show that the product or assembly to be incorporated into the project has been sampled and tested and the samples have passed all specified tests. In accordance with subsection 106.10 of the Standard Specifications, the following items will be accepted on the basis of certified test reports. One copy of the certified test report shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Anchor Bolts (all items which include anchor bolts) A Bridge Deck Forms, Permanent Steel A Bridge Rail, Steel A Cribbing Fasteners (Bolts) (Field) A Fence, Sound Barrier Glass Beads Hydrated Lime (Chemical test only) (After Pre -Approval) Pipe Railing" Overhead Sign Structures A Quicklime Structural Plate Structures" Structural Steel Galvanized A Top Soil Traffic Signal Structures Water(ing) (All items which include water) Waterstop C. Certification of Compliance June 8, 2000 2 SPECIAL NOTICE TO CONTRACTORS ^ Certificate of Compliance. A certification, including a signature by a person having legal D. Preapproved authority to act for the manufacturer, stating that -, the product or assembly to be incorporated into Preapproved. In accordance with CDOT's the project was fabricated in accordance with Procedural Directive 3.1, a manufacturer's and meets the applicable specifications. product is evaluated within CDOT to determine its acceptability on CDOT construction projects, In accordance with subsection 106.09 of the as defined by CDOT specifications, plans, and Standard Specifications, the following items will standards. Currently the Approved Product List be accepted on the basis of a certificate of (APL) can only be accessed from the Internal compliance. One copy of the certificate of Website. By clicking on the APL and selecting compliance shall be furnished to the Engineer at one the general categories a review of the time of material delivery. Failure to comply manufacturers and their products can be may result in delays to the project and/or obtained. If you are requesting additional rejection of the materials. information when contacting the Central Laboratory at 303-757-9421, you must include Bearing Device, Type I, II, IV and V A c _ the Reference Number. Bridge Paint, Structural Steel (Inorganic Zinc Rich, Polyurethane System) DISCLAIMER: The Colorado Department of Dampproofing, Asphalt Transportation (CDOT) does not have the Dust Palliative - Asphaltic - Magnesium obligation to use any of the products listed in the Chloride Approved Products List (APL). The APL simply Emulsified Asphalt for Tack Coat documents the facts that the listed products .. Erosion Bales E have been tested, evaluated, or examined under Expansion Joint Material, Preformed Filler CDOT standards, and were found acceptable to Flumes (all types) be used in CDOT projects. CDOT reserves the Guard Rail - End Anchors rights to update the APL periodically without Guard Rail Metal ^ prior notice. CDOT is not liable for any Guard Rail Posts - Metal A incidental or consequential damages caused by Guard Rail - Precast using the data listed on the APL, or the revisions ^ Guard Rail Blocks - Synthetic of the APL. The product shall be removed from Guard Rail Posts - Timber Blocks and _. the APL if inadequate field performance exists or Posts A if the product varies from the data as originally ^ Hay E submitted. Headgates Interior Insulation The following sub -categories are Lighting Preapproved; therefore, Preinspection, Certified Light Standards, High Mast Test Reports, and Certification of Compliance Light Standards, Metal are not required. Luminaires (Inclusive) ^ MC-70 - Prime Coat (Liquid Asphalt) Admixtures for Concrete Paint (Structure) Asphalt'Release.Agents Pedestrian Bridge A Breakaway Sign Structures Piling A Cement Rest Area Materials Cementitious Grouts - Seed ° Class 5 Finish ( Masonry Coating - Sign Panels cementitious) Sprinkler System(s) Concrete Box Culverts, Precast Steel Sign Posts Concrete Curing Compounds - Liquid Steel Sheet Piling A Concrete Repair Materials c Straw E Delineator - Flexible Structural Glazed Tile and Ceramic Tile Delineators - Reflectors only Treated Timber Drain Pipe Water Control Devices Epoxy Coating for Reinforcing Steel Water Proofing Materials (Epoxy Powder) A -+ Epoxy Grout ^ June S, 2000 3 SPECIAL NOTICE TO CONTRACTORS Epoxy Pavement Marking Expansion Device -Bridge, Premolded Elastomeric Fly Ash Gabions and Slope Mattress Gaskets Geotextiles Glare Screen Hydrated Lime (Source Approval Required) (All Types) Inlets, Grates and Frames (Prefab) Joint Sealers, Preformed Joint Sealers, Silicone Manholes, Rings and Covers (Prefab) Masonry Mortar Meter Vaults (Prefab) MSE Wall - Elements Mulch Tackifiers Pavement Markers, Raised Pavement Markers, Recessed Pavement Marking Paint Pipe - Cement Asbestos Pipe - Clay, Copper, Cast Iron 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) B Thermoplastic Pavement Marking (Preformed and Hot Applied) Underdrains Waterproofing Membrane, Prefabricated Wood Cellulose Mulch E. Other materials or products. 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. 5. 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 reports, certified test reports or certificates of compliance or do not contain identification or physical markings will be rejected and will not be paid for. Notes: A A Mill Test Report shall be included. B A Certified Test Report shall be furnished with the material or product. ° 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. No Text 9(&A UKumar & Associates, Inc. Geotechnical & Environmental Engineers Prepared By: 1708 E. Lincoln Ave, #6 Fort Collins, CO 80524 (970) 416-9045 Fax 416-9040 E-Mail: kaftcollins@worldnet.att.net www.kumarusa.com Corporate Office — Denver, CO Branch Office — Colorado Springs, CO GEOTECHNICAL ENGINEERING STUDY AND PAVEMENT THICKNESS DESIGN WATER TREATMENT PLANT NO. 1 ENTRANCE HIGHWAY 14 4 MILES SOUTHWEST OF HIGHWAY 287 LARIMER COUNTY, COLORADO Roger L. Barker Reviewed By: Kieth Fiebig, P.E. Prepared For: URS GREINER WOODWARD CLYDE STANFORD PLACE 3, SUITE 1000 4582 SOUTH ULSTER STREET. DENVER, COLORADO 80237 Attention: John Vetterling, P.E. Project No. 99-3-100 October 1, 1999 TABLE OF CONTENTS SUMMARY ...................................... PURPOSE AND SCOPE OF STUDY ........................ 3 PROPOSED CONSTRUCTION ..................... SITE CONDITIONS ..................................... GEOLOGIC CONDITIONS ................................ SUBSURFACE CONDITIONS ...................... ................. GRADING ......................................... .............:7 7 Cut Slope Design Recommendations ................... .. Filled Embankments ................................ • _ . _ 10 Excavation Considerations ........................ . .... _ _ ROCK FALL HAZARD MITIGATION ...... . .............................10 WALL CONDITION AND RECOMMENDATIONS .......... EXISTING DRY STACKED PAVEMENT DESIGN ............ ........... ......• 12 Subgrade Materials .............................. .......... 12 Design Traffic ................................. • . • 13 Pavement Materials ........................................... .......... LIMITATIONS ...................................... FIG. 1 FIG. 2 FIGS. 3 through 5 FIG. 6 FIGS. 7 through 9 TABLE 1 ENGINEERING GEOLOGY LOG OF EXPLORATORY BORINGS GRADATION TEST RESULTS HVEEM STABILOMETER TEST RESULTS DARWin' COMPUTER PRINTOUTS SUMMARY OF LABORATORY TEST RESULTS Kumar & Associates, Inc. SUMMARY 1. The geologic conditions observed at the slope impacted by the planned realignment of SH 14 consist of Precambrian -age gneiss in the eastern part of the slope and colluvial soils in the center and west parts of the slope. Some of the colluvial soils contain detritus up to about 30 feet in maximum dimension. 2. The existing slope on the south side of the road is currently standing at slopes varying from 0.5:1 to 1.5:1 (horizontal: vertical). The steeper slopes occur at the outcrops of gneiss bedrock that occur in the eastern part of the project area. The flatter slopes occur in the colluvial soils where a cut slope was observed to be 1:1 (horizontal:vertical), but minor surf iclal sloughing was noted. 3. Slopes resulting from realignment of the roadway should be designed no steeper than 1.5:1 in the colluvium. Cut slopes in the bedrock should be designed no steeper than 0.5:1. 4. Several large rocks were noted on the slope above the road. These rocks present a rockfall hazard. The orientation of some of the joints in the rock also indicates that there could be a rockfall hazard associated with cut slopes. The removal of rocks posing a hazard should be based on factors such as position, size and apparent stability. The evaluation of rockfall hazard should be performed at the time of construction and final slope configuration. 5. Retaining walls required at the site should be designed for allowable toe bearing pressures of 5,000 psf. Erosion protection of walls constructed adjacent to the channel of the Cache La Poudre River should be armored for erosion protection. 6. Pavement used to reconstruct the SH 14 roadway should consist of 6 inches of asphalt placed on a 4-inch base course layer (leveling course). The entrance road should be paved with 3 inches of asphalt placed on a 4-inch base course layer. A minimum 2-foot layer of subbase having an R-value of 70 should be provided beneath the Kumar & Associates, Inc. pavement sections. This will require subexcavation in areas where bedrock or large boulders occur. 7. The subsurface conditions encountered in exploratory borings drilled for this study consist of a pavement section and up to 13 feet of embankment fill overlying natural sand and gravel. Ground water was not encountered to the maximum depth studied 17 feet. Kumar & Associates, Inc. -3- PURPOSE AND SCOPE OF STUDY This report presents the results of a geologic reconnaissance and geotechnical engineering study for the proposed relocation and reconstruction of an approximate 1,100 foot section of SH 14 located about 4 miles west of the intersection of highways SH 14 and US 287, Larimer County, Colorado. The study was conducted for the purpose of identifying hazards, developing earthwork recommendations, including slope configurations for the area impacted by the proposed construction and pavement thickness design recommendations. The project site is shown on Fig. 1. The study presented in this report was performed in general accordance with our proposal to URS Greiner Woodward Clyde dated September 17, 1998. A field exploration program consisting of exploratory borings and geologic reconnaissance was conducted to obtain information on subsurface and slope conditions. Samples of the soils obtained during the field exploration were tested in the laboratory to determine their classification and engineering characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for slope configuration, foundation types, depths and allowable pressures for proposed retaining wall foundations, subgrade preparation and pavement thickness design recommendations. The results of the field reconnaissance, exploration and laboratory testing are presented herein. This report has been prepared to summarize the data obtained during this study and to present our conclusions and recommendations based on the proposed construction, slope conditions observed and the subsurface conditions encountered. Design parameters and a discussion of geotechnical engineering considerations related to construction of the proposed intersection reconstruction are included in the report. PROPOSED CONSTRUCTION We understand the project will consist of reconstructing the existing intersection of SH 14 and the entrance road to the City of Fort Collins Water Treatment Plant No. 1. The reconstruction will result in a slight shift in the entrance road to the north and a shift of SH 14 up to about 40 feet to the south. The shift of SH 14 will result in a minimum (vertical) cut slope up to Kumar & Associates, Inc. -4- about 30 feet in height. Due to slope instability issues, the actual cut slope will extend further up the existing slope, but the actual distance will vary depending on the final slope treatment selected. The shift of the entrance road will likely require construction of a retaining wall up to about 15 to 20 feet high. The reconstructed road will be paved with asphalt. The grade of the road is expected to be close to that of the existing. .. If the proposed construction varies significantly from that described above or depicted in this report, we should be notified to reevaluate the recommendations provided in this report. �. SITE CONDITIONS The project site is situated at the intersection of the gravel -surfaced access road to a raw _ water supply diversion facility and Colorado Highway 14 on the south side of Cache la Poudre River. The river flows to the east at an elevation of approximately 5340 feet. The highway is about 20 feet above the river at the intersection. A dry stacked stone wall retains the embankment fill slope between the river and the access road and its intersection with the highway. The south side of the highway is cut into the steep to a very steep north facing slope of the canyon. The east end of the project is cut into rock and the center and west end are cut into — soils as shown on the geologic may (Fig. 1) and described in the Geologic Conditions section of this report. The slope extends up to an east trending ridge, which bends to the northeast and is about 250 feet in maximum height above the highway. The overall average slope is approximately 1.25:1 (horizontal:vertical) or 38°. The lower half of the east end has much -` steeper slopes associated with the rock outcrops. The lower part of the canyon slope directly across from the intersection consists of a cut slope in the soils is approximately 1.4:1 to 1.5:1 (340 to 360). On the east end of the project, the existing rock cut slopes average about 0.5:1 (630) with some localized steeper cuts. The majority of the slope is densely forested with ponderosa pine and fir trees. The tree cover is sparser to the east end due to prevalence of outcrops there. The cut in the soil on the south Kumar & Associates, Inc. 214 Evergreen Tree (8 Ft.)(B-B) EACH 8 14 Evergreen Shrub (1 Gallon) EACH 100 21 Decidous Shrub (1 Gallon) EACH 100 214 Landscape Maintenance L.S. 1 216 it Retention Blanket` (St w/Coconut) SY 1000 r° 304 Aggre ate Base Course - Class 6 TON 617 403 Hot Bitu inous Pavement (Gr S)(Asph)( (PG 64-22) TON Vb 504 MSE Wall SF r6060 606 Guardrail Type (12-6 Post Spacing) LF 510 606 jEnd Anchorage Typ 31< EACH > 4 607 Line Post EACH 6 607 End Post EAC14 4 607 Corner Post and Line Brace ost E H 1 607 Fence Barbed Wire with Metal Posts LF 71 607 Line Post (Chain Link)'EACH 21 607 jEnd Post (Chain Link) EAqH 5 607 IFence Chain Link (72 In ) LF 266 607 jTwin Driveway Gate (�O Feet) EACH 1 612 Delineator (Type 1), EACH 25 612 Delineator (Type,kl`) EACH ( 22 614 Sign Panel_(Cla'ss 1) SF 78 614 Steel Sign Pest (2 Inch Round) LF Nkl4 614 Flashingon eaction EACH 625 Const cSurveying L.S. 1 626 Mozation L.S. 1 627 P vement Marking Paint AL 25 627� Preformed Thermoplastic Pavement Marking rSF 94 30 IConstruction Traffic Control L.S. 1 j TOTAL DOLLARS 9. PRICES The foregoing prices shall include all labor, materials, transportation, 7/96 Section 00300 Page 3 -5- side of the roadway is poorly vegetated and shows signs of erosion. Large to extremely large boulders and blocks of rock cover the slopes and are exposed in the cut. Boulders as large as about 30 feet in diameter were observed. GEOLOGIC CONDITIONS The geologic conditions at the project site consist of Precambrian gneiss which crops out at the east end of the project area and along the upper elevations of the ridge in the central and western parts of the slope. The bedrock is covered throughout most of the remainder of the area by colluvial soils. Roadway embankment fill occurs along the north side of the highway and the access road. The approximate areal extent of these geologic units is shown on the geologic map on Fig. 1. The bedrock is relatively well -foliated gneiss with minor to moderate size pegmatite intrusions and is identified on the map by the symbol Xgn. The foliation strikes N60W to N80E and dips 630 SW to 900. The gneiss is medium to widely jointed and relatively strong rock. Major joint sets are generally orthogonal to the foliation as shown on the geologic map. Joints in the set that dips toward the highway strike in the northwesterly direction (parallel or sub parallel to the highway alignment) and dip at 35' to 45° NE toward the highway. This orientation of joints has resulted in a stair step -like rock slope in portions of the existing highway cut in the rock. The colluvium appears to be composed of a mixture of rock fall detritus consisting of angular to subangular cobbles, boulders and very large blocks of rock. These larger rock blocks are surrounded by a matrix of finer soil particles ranging from gravel and sand to silt and clay, classifying as silty -clayey sand and gravel. The colluvium is identified on the geologic map by the symbols Qcr and Qc. The Qcr material contains more boulders than the Qc material, although the latter also contains many boulders and large blocks of rock. The Qcr is difficult to differentiate from the in -place bedrock. Observation of the exposed rock with minimal soil cover initially suggests this to be in -place rock. However, the dip of the foliation changes drastically which implies that this material is possibly toppled rock displaced from the bedrock Kumar & Associates, Inc. ffm along the ridge crest. The large number of boulders exposed in the soil cut near the toe of the ,. slope suggests that rock fall detritus accumulations have also contributed to the colluvial deposits at the lower part of the slope. -- Embankment fill consisting of granular soils derived from the native soils in the area is shown ^ by the symbol mf on the map. Along the north side of the intersection of the access road and _. the highway, immediately adjacent to the river, the fill slope has been retained by a dry — stacked rock wall. The cross sectional geometry of this wall is unknown. The maximum height of the wall is 17 feet with a 2-foot high surcharge slope extending above the top of the — wall up to the paved shoulder of the road intersection at the highway level. The face of the wall is battered at an angle of 67° to 70° from horizontal. The wall is in relatively good — condition. Most of the base of this wall is provided with erratically occurring boulders that act - to armor the toe of the wall from stream erosion. — SUBSURFACE CONDITIONS The subsurface conditions along the proposed road reconstruction area were explored by ' drilling 4 borings at the approximate locations shown on Fig. 1. The borings were advanced through the overburden soils with a 4-inch diameter continuous -flight auger. The borings were logged by a representative of Kumar & Associates, Inc. Samples of the subsoils were obtained — with a 2-inch ID diameter California liner spoon sampler or a standard 1 %-inch ID split spoon sampler. The samplers were driven into the various strata with blows from a 140 pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM method D 1586 when the 2-inch ID sampler is used and is the standard test when the standard sampler is used. Penetration resistance values, when properly evaluated, indicate the -- relative density or consistency of the soils. Depths at which the samples were obtained and the penetration resistance values are shown on the logs of exploratory borings, Fig. 2. The subsurface profile encountered in the exploratory borings consists of a pavement section — varying from nil to 7 inches of asphalt overlying nil to 6 inches of aggregate base course. The pavement overlies existing embankment fill which extends to depths of 6 to 13 feet. The fill Kumar & Associates, Inc. -7- is primarily slightly silty to silty sand with varying amounts of gravel. Natural soils were found to underlie the fill in all but one of the borings. These soils vary from slightly silty sand to sandy gravel, with scattered cobbles and boulders. Ground water was not encountered in the borings at the time of drilling and the holes were backfilled and patched upon completion. Blow counts recorded during drilling indicate the relative density of the natural soils varies from medium to very dense. Selected samples obtained from the borings were tested in our laboratory to determine engineering and classification properties. Gradation test results are presented on Figs. 3 through 5 and Fig. 6 presents results of a Hveem Stabilometer test. Laboratory tests results are presented adjacent to the boring logs on Fig. 2 and are summarized in Table I. GRADING Cut Slope Design Recommendations: The roadway widening will require cutting further into the slope on the south side of the highway. The existing natural slope of the soil probably has a relatively low factor of safety due to its steep slope angle. If the angle of internal friction of the colluvium is 45°, the overall slope would have a factor of safety on the order of 1.4 (Tan 45°/Tan 35°). This relatively high shear strength is predicted on the angularity and large size of the rock clasts within the colluvium and on the performance of the existing 1:1 cut slope. Steeper cuts that of the existing slope angle will result in lower factors of safety. A 1:1 slope could have a factor of safety approaching 1.0 and be metastable. Therefore, additional cuts in the soil should be retained, where unretained slopes steeper than 1.5:1 are necessary. Retaining walls can be constructed by the "bottom up" or the "top down" methods. The bottom up method can be used to construct conventional retaining walls or mechanically stabilized earth (MSE) walls. To accomplish this, a temporary 1:1 maximum slope may be excavated in the colluvium. It may be necessary to apply shotcrete to the face of the excavation to reduce potential for raveling slope conditions, particularly for worker safety. The wall height should be designed to provide a final slope no steeper than 1.5:1 for a revegetated Kumar & Associates, Inc. slope with permanent erosion control netting or a 1.75:1 or flatter revegetated slope without permanent erosion control netting. The wall should be designed using an equivalent fluid unit pressure of 70 psf per foot of wall height. This is based on a backfill slope surcharge for a 1.5:1 slope above the top of the wall. If a conventional retaining wall is designed, it should be founded on a spread footing placed on undisturbed natural soils and designed for a maximum toe pressure of 5000 psf. To resist sliding an allowable coefficient of friction of 0.35 should be used. Allowable passive earth 4, pressure based on an equivalent fluid pressure of 300 psf should be used for the below ground _ face side of the wall. In order for the temporary cut during construction and associated disturbance to be reduced, top down construction of a retaining system should be strongly considered for this cut. The ^ top down system may consist of ground (soil) nails or other types of top down systems. The overall or global stability of the slope should be analyzed to determine the required ground nail lengths. A minimum factor of safety of 1.5 is typically applied in slope design. However, this ti may be reduced to 1.3 for transportation projects, with the approval and acceptance of the ., higher degree of risk by the Department of Transportation. If the lower factor of safety of 1.3 is selected, the angle of internal friction of the colluvium applied in the analysis should not ., exceed 40' and with a cohesion value of zero. A moist soil unit weight of 130 pcf and saturated weight of 135 pcf are recommended for the stability analysis. Due to the extensive amount of large boulders and blocks of gneiss in the colluvium, the drilling for the ground nails will be relatively difficult. The contractor needs to be aware of the variable drilling conditions. The ground nails should be double corrosion protected. The cut slopes in the rock should be designed no steeper that 0.5:1 (horizontal:vertical). This will be an average slope for design to establish the top of cut limits. However, the final cut will have a jagged or stair step -like configuration controlled by the jointing of the rock mass. The rock will require controlled blasting to excavate. The drilling and blasting program should Kumar & Associates, Inc. be designed by experienced personnel to accomplish a stable slope configuration. As the excavation proceeds from the top, down, it should be carefully checked for signs of blocks of rock loosened by the excavation processes. These blocks should be removed to reduce potential for delayed or post construction rock falls. Optionally, blocks, which do not appear to be conducive for removal, should be stabilized by selective rock bolting, if there is any suggestion of future instability. An allowance for rock bolting one third of the face area of the rock cut at an average of one 25-foot bolt for every 64 square feet is recommended. This work should be conducted as the excavation progresses downward, when such blocks are accessible rather than waiting until the cut is complete and the face is no longer conveniently accessible. Filled Embankments: The proposed relocation will locally require enlargement of existing embankments. Embankments may be constructed with fill slopes not exceeding 2:1 (horizontal:vertical) provided the embankments are properly compacted and drained and fill material used is similar to the on -site colluvial soils or imported materials having a minimum R-value of 70. For embankments up to approximately 20 feet in height, standard CDOT embankment fill specifications for moisture and compaction should be used. We do not foresee the requirement for higher embankments. The ground surface underlying all fills should be carefully prepared by removing all organic matter, scarifying the resulting surface to a depth of 8 inches and recompacting to 95% of the AASHTO T 99 maximum dry density prior to fill placement. Fills should be benched into hillsides or existing embankments with slopes exceeding 4:1. Proper compaction is frequently difficult to achieve at the edges of fill slopes. Therefore, we recommend slightly overbuilding fill slopes and cutting the slope surface back to the desired configuration. Based on the soils and bedrock encountered during our study and the proposed construction, it is our opinion that formal stability analyses are not warranted to evaluate the slopes recommended herein. Published literature and our experience with similar cuts and fills indicate the recommended slopes should have adequate factors of safety. If unexpected Kumar & Associates, Inc. -10- conditions are encountered during construction, such as soft foundation soils or seepage entering fills or exiting cuts, detailed stability analyses may be required. Excavation Considerations: In'our opinion, excavation of the colluvial overburden soils will be difficult due to the presence of the large boulders. It is expected that portions of the colluvium ^ can be excavated with conventional equipment, however the larger boulders and locations where boulders are nested, blasting will be required to reduce the material size. Excavation ^ of the bedrock will also require blasting to loosen and reduce material size. Pre splitting will likely be required due to the joint orientation. A qualified blasting contractor should develop ^ a blasting program. Since ground vibrations will occur during blasting, we suggest that the house located east of the construction area be inspected for existing distress. The inspection should include evaluation of the leach field performance. This will reduce the potential for post construction claims. ROCK FALL HAZARD MITIGATION Large to very large boulders which are detached blocks of gneiss rest precariously on the slope. Some of these could be scaled, depending on the accessibility for equipment to accomplish the scaling from the top of the design cut. An example might be to use a backhoe to drag blocks down to a bench at the top of the cut prior to proceeding with the actual _ cutting of the design slope. The extent of removal of these potential rock fall source blocks should be determined at the time of construction, based on positions, size and relative stability of the blocks. It will not be possible to completely eliminate the rock fall potential. A catchment ditch should be provided along the inside shoulder of the roadway to reduce the potential for rock fall to reach the road. Based on published relationships of catchment ditch widths and depths versus cut slope angles and heights, the ditch should be a least 20 feet wide and 6 feet deep. If this depth of the ditch below the highway is undesirable, construction of a catchment wall or Kumar & Associates, Inc. -11- barrier can satisfy part of this required dimension. The area behind the wall should be accessible for maintenance equipment to periodically remove any rock fall debris. EXISTING DRY STACKED WALL CONDITION AND RECOMMENDATIONS The geometry of the dry stacked rock wall along the river side of the embankment fill is unknown. Given the steep face batter of this wall (67° to 700) it is probably more than a facing veneer. It probably has a wedge-shaped, cross -sectional geometry, increasing in width toward the bottom, to function as a typical gravity type of retaining wall or rockery. However, since the dimensions of this rockery are unknown, the stability can not be quantified. The wall appears to be performing acceptably, as it does not show signs of bulging or dislodging of individual rocks, except for a small zone which failed and has been crudely repaired just to the west of the access road gate. If known conditions of the wall are required, it will be necessary to replace the existing wall with a cast -in -place concrete wall or an MSE structure. If an MSE wall is used, it could be faced by reusing the stones from the existing wall. The reinforcement geotextile would be extended into the facing rock to attach the rock integrally with the MSE. An equivalent fluid unit weight of 40 psf per foot of wall height should be used for the lateral earth pressure and a lateral earth pressure coefficient (Ka) of 0.30 used for surcharge loading for wall design. The wall should be supported on undisturbed gravel, cobble and boulder alluvium. If a conventional wall is designed, it should be founded with a spread footing designed for a maximum allowable toe pressure of 5000 psf. The toe of the wall should be protected from scour by placing boulder riprap armoring or by other suitable means or placed below the potential scour depth. PAVEMENT DESIGN A pavement section is a layered system designed to distribute concentrated traffic loads to the subgrade. Performance of the pavement structure is directly related to the physical properties of the subgrade soils and traffic loadings. Most soils can be adequately represented for pavement design purposes by means of a resilient modulus for flexible pavements. Kumar & Associates, Inc. -12- Suborade aterials: Samples of the potential subgrade materials were obtained during the field exploration for laboratory testing to determine classification and subgrade support characteristics. An Hveem R-value was determined for a sample of existing embankment fill by means of the Hveem stabilometer test (see Fig. 6 and Table q• The subgrade soils encountered along the alignment generally consist of silty sand with varying F, amounts of gravel. The subgrade materials vary from A-1-a and A-1-b with group indices of 0 in accordance with the AASHTO classification system. The Hveem R-value of 71 was determined for a sample of the subgrade classifying as A-1-b. For pavement design purposes, we recommend that all subgrade materials have a minimum R-value of 70, which correlates to a roadbed soil resilient modulus value of 25,317 psi. Desion Traffic: Traffic data for use in pavement design of SH 14 were provided by URS Greiner Woodward Clyde. The design traffic data were presented in the form of 18-kip equivalent single -axle load applications (ESAL). Based on the traffic information provided, an ESAL of 396,127 was used in design calculations for SH 14. Since traffic information was not available for the entrance road, we have made assumptions regarding traffic usage. Due to seasonal and daily use considerations (less traffic on weekdays) it is difficult to accurately determine an ESAL number to represent traffic conditions. We assume that the majority of the traffic will consist of automobiles with some periodic truck traffic associated with refuse collection and maintenance vehicles. For design purposes we have assumed that the road will be accessed by 750 autos; 3 single units and -- 1 combination unit per day. This traffic mix converts to an ESAL of 13,400. Pavement thickness design was performed using DARWin' , a proprietary pavement design and analysis computer program. DARWin' is based on the AASHTO guide for the design of pavement structures, 1993. Printouts of the pavement design analysis are presented on Figs. 7 through 9. A reliability factor of 95% was used. A 4-inch layer of Class 6 aggregate base , Kumar & Associates, Inc. -13- course (ABC) leveling course was used in design calculations. Recommended pavement sections are summarized in the following table. HBP THICKNESS PAVEMENT AREA SN REQUIRED (20 Year Design) ABC THICKNESS (in) (in) Reconstruction SH 14 2.96 6 4 Overlay SH 14 2.96 2 - Transitions Entrance Road Reconstruction 1.70 3 4 Pavement Materials: All asphaltic concrete should meet the requirements of the latest edition of CDOT standard specifications for road and bridge construction and in modifications required by CDOT Region 4. Other requirements such as aggregate grading and asphalt oils should be verified with CDOT. Based on CDOT selection criteria hot bituminous pavement should use Grading S aggregate and PG 58-28 binder for lower lifts and PB 64-40 binder for the top lift. LIMITATIONS This study has been conducted in accordance with generally accepted geotechnical engineering practices in this area for use by the client for design purposes. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Fig. 1, observations made at the existing slope and the proposed type of construction. The nature and extent of subsurface variations across the site may not become evident until excavation is performed. If during construction, fill, soil, rock or water conditions appear to be different from those described herein, this office should be advised at once so reevaluation of the recommendations may be made. We recommend on -site observation of excavations, earthwork, and pavement subgrade preparation by a representative of the geotechnical engineer. RLB/bhc Kumar & Associates, Inc. � 0 =D rpl S O O fL HS 0'10 '60' +Cl -CL'BO+tt Yl$ Otld D 0 Ll i Y D N X (� i q C 0 U lL i � 666 Z A. Y" 9 W zo Z-V 1 Wr c Wd ._ i Q 1 1 L5 yAZ E 2 %% c 1 \\\ $aek'k tp Hll wo X 1 � F I � D I ^cd i n n 00 ,C i � to i � r is +r a B F 00000 YYC v j33j c Colorado Project STE M455-041 Construction Project Code 12251 SH 14/Gateway Park Entrance 11/6/00 - - Spec/Item Description Unit Unit Cost Estimated Item Cost Number Quantity 201 Clearing & Grubbing L.S. f f4-, J 1 `I/ex s� 202 Removal of Sign Panel EACH .37 ? ` 2 Z Y 4 G 202 Removal of Fence LF 1 334�Sf 203 Unclassified Excavation CYD �7 2643 %'7 7 34 5 203 Rock Excavation CYD /�� '� 3 4000 //, 3 ZG 206 Structure Backfill (Class 1) CYD 23 2000 5S G 207 Topsoil CYD 7- Y7 600 13.172 Z 208 Erosion Bales EACH i5 50 .74 208 Silt Fence LF / 500 OG - 210 Reset Mailbox Structure EACH '2 2-4- - 1 'Z x4 — 210 Reset Pole EACH 33 C 3 110664 Cy � 212 Seeding (Native) ACRE / 6 �o 1 Ik ) o 213 Mulching TON 2` 5t) 1.5 3? 7c 213 Landscape Boulder EACH y %. 6 �� Z 214 Evergreen Tree (8 Ft.)(B-6) EACH GiJ 8 214 Evergreen Shrub (1 Gallon) EACH ;Z 7 100 214 Decidous Shrub (1 Gallon) EACH 2-7- 100 Z 7cwc� 214 Landscape Maintenance L.S. 1 7 �,c r 216 Soil Retention Blanket (Staw/Coconut) SY ✓ y-� 1000 3 S d & 304 Aggregate Base Course - Class 6 TON 6, �� 617 42, 43y 7Z 403 Hot Bituminous Pavement (Gr S)(Asph)(96)(PG 64-22) TON % 670 504 MSE Well -Standard Stacking Pattern SF 6060 z � . {*% 7. 4- 7 y •- 606 Guardrail Type 3 (12-6 Post Spacing) - Weathering Steel LF _� tj x 510 7 "7/ 1 2�_ 606 End Anchorage Type 31K EACH 5 ZD 3 2-5 6 -3 GU 606 End Anchorage -Type (SRT) EACH I E°Q _ 1 I,70.4 - 607 Line Post EACH t 6 134 ¢G 607 End Post EACH ��' 4 73 ? 2 C 607 Corner Post and Line Brace Post EACH Z d 1 224 607 Fence Barbed Wire with Metal Posts LF- 71 / Su 607 Line Post (Chain Link) EACH 75 `I° 21 4-4, 607 End Post (Chain Link) EACH 240 5 (¢Uy 607 Fence Chain Link (72 Inch) LF � 266 3� 3 607 Twin Driveway Gate (30 Feet) EACH 1A22 1 /,9 3;Z 612 Delineator (Type I) EACH 25 4-76, Page 1 of 2 i m Ip' a O _ U Y n o z° � r N _ a z gCL kl uAr w_.S S� <OW Im y $ gi� ��st 0 6i Q o i W �R c 38N4 ��j�.a J y 2c2 u� HSFty oaugl cC isi 1pSl ifbe R fJYNllOu ° es; S _ ®�m�'�^�y G n o G m O U 3+ 1 J L pe RFit:r? � � —J� \ � ^ N M ! N N n F 8R I 6 19�ear: m �qgcc DEPTH -FEET 9 n ! C .2 o U tf N hM1CC1 N N II 1) 0 M UYN Y N3:+ 1 M ZII KW sg m Ji m C D n�1U O\i \UVN C M ^ _ 3 + 1 N VII m to m �S b Y N ^ N O N Z,II 110 ^ti Yry =11 00000 IN N «� N M C T_ O �j N N uvry Jo m r _ C IL �` 4 I I I I I L t I I I I d3JE 133!-HL0 No Text No Text No Text No Text 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Kumar & Associates, Inc. 1708 E. Lincoln Ave., #6 Fort Collins, Colorado 80524 USA Flexible Structural Design Module Water Treatment Plant No. 1 Entrance SH 14 Reconstruction 20 Year Asphalt Flexible Structural Design 184ap ESALs Over Initial Performance Period 396,127 Initial Serviceability 4.2 Terminal Serviceability 2.2 Reliability Level 95 % Overall Standard Deviation 0.44 Roadbed Soil Resilient Modulus 8,368 psi Stage Construction I Iculated Design Structural Number 2.96 in Specified Layer Design Struct Drain Coef. Coef. Thickness Width Calculated Laver Material Description (M Mi (Di)(in) (M SN m 1 Grading S BBP 0.44 1 6 12 2.64 2 Class 6 ABC 0.12 1 4 12 0.48 Total - - - 10.00 - 3.12 99-3-100 Page 1 Fig. 7 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Kumar & Associates, Inc. 1708 E. Lincoln Ave., #6 Fort Collins, Colorado 80524 USA Flexible Structural Design Module Water Treatment Plant No. I Entrance SH 14 Reconstruction Asphalt Overlay at Transitions Flexible Structural Design 18-lap ESALs Over Initial Performance Period 396,127 Initial Serviceability 4.2 Tem mal Serviceability 2.2 Reliability Level 95 % Overall Standard Deviation 0.44 Roadbed Soil Resilient Modulus 8,368 psi Stage Construction I culated Design Structural Number 2.96 in Specified Layer Design Struct Drain Coef. Coe£ Thickness Width calculated Laver Material Description (Ai)i in SN in I Existing HBP 0.3 1 7 12 2.10 2 HBP Overlay 0.44 1 2 12 0.88 Total - - - 9.00 - 2.98 99-3-100 Fig. 8 Pagel 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Kumar & Associates, Inc. 1708 E. Lincoln Ave., #6 Fort Collins, Colorado 80524 USA Flexible Structural Design Module Water Treatment Plant No. 1 Entrance Entrance Road 20 Year Asphalt Flexible Structural Design 18-lap ESALs Over Initial Performance Period 13,400 Initial Serviceability 4.2 Terminal Serviceability 2.2 Reliability Level 95 % Overall Standard Deviation 0.44 Roadbed Soil Resilient Modulus 8,368 psi Stage Construction I Iculated Design Structural Number 1.10 in Specified Layer Design Struct Drain Coe£ Coef Thickness Width Calculated er Material Description (Ai) Mi1 (Di)(in) U SN in 1 Grading S HBP 0.44 1 3 12 1.32 2 Class 6 ABC 0.12 1 4 12 0.48 Total - - - 7.00 - 1.80 99-3-100 Page I Fig. 9 TABLE 1 SUMMARY OF LABORATORY TEST RESULTS PROJECT NO. 99-3-100 SAMPLE LOCATION GRADATION ATTERBERG LIMITS NATURAL NATURAL PERCENT WATER AASHTO HVEEM MOISTURE DRY PASSING LIQUID PLASTICITY SOLUBLE CLASSIFICATION R-Value BORING DEPTH CONTENT DENSITY GRAVELFS NO. 200 LIMIT INDEX SULFATES GROUP @ SOIL OR BEDROCK TYPE (feet) (off) (pof► I%) SIEVE (°/u) I%) (%) INDEX 300 psi 1 1-6 30 48 22 19 5 A-1-b 0 71 Fill: Silty, Gravelly Sand 1 9 1.4 2 93 5 A-1-a (0) Slightly Silty Sand 2 4 11.6 2 84 14 A-1-a (0) Fill: Silty Sand 3 1 4.2 Fill: Silty Sand 3 9 4.6 5 86 9 A-1-a (0) Fill: Slightly Silty Sand 4 1 1 5.7 3 86 11 A-1-a (0) Fill: Slightly Silty Sand No Text Colorado Project STE M455-041 Construction Project Code 12251 11 /6/00 SH 14/Gateway Park Entrance Spec/Item Description Unit Unit Cost Estimated Item Cost Number Quantity 612 Delineator (Type II) EACH 22 d D /� 614 Sign Panel (Class 1) SF 1.7 78�- 614 Steel Sign Post (2 Inch Round) LF f 3 ' 4 114 / 0 3 2 1 614 Flashing Beacon EACH 41b ~ 1 449,0 625 Construction Surveying L.S. 626 Mobilization L.S. 37 5 r 1 3 7, Il 627 Pavement Marking Paint (Low VOC Solvent Base) GAL 7 ` 25 / 6 p b 627 Preformed Thermoplastic Pavement Marking SF ! z! 94 j G 5 2 S1 630 Construction Traffic Control L.S. 23, 35 2 - 1 2— 3 j z TOTAL $ 52 J y3 Y a4 TOTAL / //,+v Gut `ALiu oi�4 Dollars Alternate 3 ( )rr E� Item MSE Wall -Detailed Stacking Pattern, additional cost only S.F. � / 5 - 6060 a �x3 !7 � �p Page 2 of 2 shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY'S7,$ ITTFJ v Signature t iz�c a V A�_' Date Title License Number (If Applicable) (Seal - if Bid is by corporat�'on) Attest: ddresS 2-C% 'i a C r a 0, c Telephone 1r2�h, --- 0 �i-��, 7/96 Section 00300 Page 4 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410Bid Bond 0042 0 Statement of Bidder's Qualifications 00430Schedule of Subcontractors SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Duran Excavating, Inc. as Principal, and Travelers Casualty and Surety Company as Surety, are hereby held and firmly bound unto the City of Fort Collins. Colorado. as OWNER. in the sum of $ 5% of total bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins. Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 1 IN WITNESS WHEREOF, the Principal and the Surety have and seals this 20th day of November , 2000, corporations have caused their corporate seals to be presents to be signed by their proper officers, the day above. PRINCIPAL Name: Duran Excavating, Inc.. 17 Address: 418 9tt? Avenue ,4reeley;- CQ,,80;631 Title: 1✓ <- ATTEST: a� (SEAL) SURETY hereunto set their hands and such of them as are hereto affixed and these and year first set forth Travelers Casualty and Surety Company One Tower Square Hartford, CT 06183 By: Title: Debra S. Morris. Attorney -in -Fact (SEAL) 7/96 Section 00410 Page 2 SECTION 00020 INVITATION TO BID Date: October 9, 2000 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 256 West Mountain Avenue, Fort Collins, Colorado until 3:00 P.M., our clock, on November 15, 2000, for the State Highway 14/Gateway Park Entrance; Bid No. 5550. 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 approximately 1000 feet of new access road, construction of an MSE retaining wall, construction of turn lanes on State Highway 14, and installation of landscape restoration. The contract goal for participation in this Contract by certified DBEs who have been determined to be underutilized has been established as 6.9 percent. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 256 West Mountain Avenue, Fort Collins, Colorado 80521. Contract Documents will be available Tuesday, October 10, 2000. Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 256 West Mountain Avenue, 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. City of Fort Collins, Park Planning and Development, (hereinafter referred to as the ENGINEER). 3. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado. 4. CMD Denver Plan Room, 9250 E Costilla Ave, STE 400, Englewood, CO 5. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 6. The Plan Room, 2176 South Jasmine St. Door "Ell/Suite 219, Denver, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m. on Wednesday, October 25, 2000 at the Conference Room at 281 North College, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. 7/96 Section 00020 Page 1 Colorado Project STE M455-041 11/6/00 Construction Project Code 12251 SH 14/Gateway Park Entrance - - - Speclitem Description Unit Unit Cost Estimated Item Cost Number Quantity 201 Clearing & Grubbing L.S. 1 202 Removal of Sign Panel EACH 2 202 Removal of Fence LF 334 203 Unclassified Excavation CYD 2643 203 Rock Excavation CYD 4000 206 Structure Backfill (Class 1) CYD 2000 207 Topsoil CYD 600 208 Erosion Bales EACH 50 208 Silt Fence LF 500 210 Reset Mailbox Structure EACH 1 210 Reset Pole EACH 3 212 Seeding (Native) ACRE 1 213 Mulching TON 1.5 213 Landscape Boulder EACH 6 214 Evergreen Tree (8 Ft.)(B-B) EACH 8 214 Evergreen Shrub (1 Gallon) EACH 100 214 Decidous Shrub (1 Gallon) EACH 100 214 Landscape Maintenance L.S. 1 216 Soil Retention Blanket (Staw/Coconut) SY 1000 304 Aggregate Base Course - Class 6 TON 617 403 Hot Bituminous Pavement (Gr S)(Asph)(96)(PG 64-22) TON 670 504 MSE Wall - Standard Stacking Pattern SF 6060 606 Guardrail Type 3 (12-6 Post Spacing) - Weathering Steel LF 510 606 End Anchorage Type 3K EACH 3 606 End Anchorage - Type (SRT) EACH 1 607 Line Post EACH 6 607 End Post EACH 4 607 Comer Post and Line Brace Post EACH 1 607 Fence Barbed Wire with Metal Posts LF 71 607 Line Post (Chain Link) EACH 21 607 End Post (Chain Link) EACH 5 607 Fence Chain Link (72 Inch) LF 266 607 Twin Driveway Gate (30 Feet) EACH 1 612 Delineator (Type 1) EACH 25 Page 1 of 2 Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City _ Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins JJ mes B. O'Neill, II, CPPO _.. P rchasing/Risk Management Director 7/96 Section 00020 Page 2 SECTION 00100 INSTRUCTIONS TO BIDDERS No Text SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub - bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 7/96 Section 00100 Page 1 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 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 7/96 Section 00100 Page 2 indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty- first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7/96 Section 00100 Page 3 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be _ substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment — described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such _ acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes _ to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written — objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 7/96 Section 00100 Page 4 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders 7/96 Section 00100 Page 5 Qualifications, and Schedule of Subcontractors as required in Section ^ 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full — responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must. be executed) and delivered to the place where Bids are to be submitted .at any time prior to the opening of. Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an + authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the — receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud — publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 7/96 Section 00100 Page 6 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 7/96 Section 00100 Page 7 Colorado Project STE M455-041 11/6/00 Construction Project Code 12251 SH 14/Gateway Park Entrance Spec/Item Description Unit Unit Cost Estimated Item Cost Number 612 Delineator (Type II) EACH 22 614 Sign Panel (Class 1) SF 78 614 Steel Sign Post (2 Inch Round) LF 114 614 Flashing Beacon EACH 1 625 Construction Surveying L.S. 1 626 Mobilization L.S. 1 627 Pavement Marking Paint (Low VOC Solvent Base) GAL 25 627 Preformed Thermoplastic Pavement Marking SF 94 630 Construction Traffic Control L.S. 1 TOTAL $ TOTAL Alternate Item MSE Wall - Detailed Stacking Pattern, additional cost only S.F. Dollars Page 2 of 2 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the ^ required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk 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 7/96 Section 00100 Page 8 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 9 SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT: STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550 Place Date 1. In compliance with your Invitation to Bid datedG and subject to all conditions thereof, the undersigned L 4 c .a •y a -. - _ a * Cor oration,. bimi-ted— _--FLiab:ili-ty Comparix Pa-r-t-�ship'�6.-Joint- venture, or--Sole.Propr-ietor) ** 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 = `1 ; z ! ($ "i`l" �`, 'k�,; �\, ) 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 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 7/96 Section 00300 Page 1 7 Bid Schedules subject to changes as provided in the Contract Documents. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 't , ADDRESS: -k i c;, ,?y N�- c2ti t 1 L t ( •_. y c vim¢ c 8. BID SCHEDULE (Base Bid) S 4/Gateway Park Entrance Spec/ Item # Description Unit Unit Cost Est. Qt item Cost i 201 Clearing & Grubbi L.S. / 1 202 Removal of Sign Panel--,,EAC 2 202 Removal of Fence 1AC349 203 Unclassified Excavation CYD 2643 203 JRock Excavation CYD 14000 206 IStructure Backfill (Class CM 2000 207 Stockpile Topsoil CYD 600 208 Erosion Bales EACH 50 208 Silt Fence Z LF 500 210 Reset ilbox Structure EACH 210 Re Pole EACH 3 212 eeding (Native) JACRE 1 9 2 Mulch Tackifier TON 1.5 Landscape Boulder EACH 6 7/96 Section 00300 Page 2 214 Evergreen Tree (8 Ft.)(B-B) EACH 8 14 Evergreen Shrub (1 Gallon) EACH 100 ° 2 1W Decidous Shrub (1 Gallon) EACH 100 214 Landscape Maintenance L.S. 1` 216 it Retention Blanket (St /Coconut) SY 1000 r` 304 Aggre ate Base Course - Class 6 TON 617 403 Hot Bitu inous Pavement (Gr S)(Asph)( (PG 64-22) TON / 0 504 MSE Wall SF Y6060 606 Guardrail Type (12-6 Postf' Spacing) LF ✓ 510 606 End Anchorage Typ 3K EACH 4 607 Line Post EACH 6 607 End Post E K 4 607 Corner Post and Line Brace ost E H 1 607 IFence Barbed Wire with Metal Posts LF 71 607 ILine Post (Chain Link) CH 21 607 jEnd Post (Chain Link) EAsQH 5 607 IFence Chain Link (72 InF LF 266 607 (Twin Driveway Gate (�O Feet) EACH 1 612, Delineator (Type 1) EACH 25 612i Delineator (Typekr) EACH 22 614 Sign Panel.(Cla`ss 1) 1 SF 78 614 jSteel Sign Post (2 Inch Round) LF 14 614 Flashing eacon EACH 625' Const ction Surveying L.S. 1 626 Mo ' ization L.S. 1 627 P vement Marking Paint GAL 25 627 reformed Thermoplastic Pavement Marking SF 94 0 Construction Traffic Control EL.S. 1 TOTAL c$ 9. PRICES DOLLARS The foregoing prices shall include all labor, materials, transportation, 7/96 Section 00300 Page 3 Colorado Project STE M455-041 11/6/00 Construction Project Code 12251 SH 14/Gateway Park Entrance - -- Spec/Item Description Unit Unit Cost Estimated Item Cost Number 201 Clearing & Grubbing L.S. / %5ly 1 1/4 Sf 202 Removal of Sign Panel EACH .3y ? ` 2 7 Y 49 202 Removal of Fence LF .l 334 61,3 203 Unclassified Excavation CYD 7/ 2643 /T7 7 3 4 52 203 Rock Excavation CYD 3 4000 206 Structure Backfill (Class 1) CYD 23 L4 2000 207 Topsoil CYD '2- 2- V 600 13072Z. 208 Erosion Bales EACH 15 7L2 50 208 Silt Fence LF / �� 500 OG 210 Reset Mailbox Structure EACH -2 ?-4-- 1 2 4 " 210 Reset Pole EACH -33(v 3 ), D d $: 212 Seeding (Native) ACRE / & 8/d ~ 1 f k 8,0 213 Mulching TON 2 �90 1.5 3 Y %G ` 213 Landscape Boulder EACH 6 2?S> Z ' 214 Evergreen Tree (8 Ft.)(B-B) EACH J Zf) 8 j 2v� 214 Evergreen Shrub (1 Gallon) EACH ),7— 100 Z70 t� 214 Decidous Shrub (1 Gallon) EACH z 100 7- G 214 Landscape Maintenance L.S. C�q °� 6c) 1 C'� 7 (oC 216 Soil Retention Blanket (Staw/Coconut) SY ✓ y-- 1000 3 S d & r 304 Aggregate Base Course - Class 6 TON do t� �� 617 /. , 435 7 403 Hot Bituminous Pavement (Gr S)(Asph)(96)(PG 64-22) TON 7 71 670 :L 504 MSE Wall - Standard Stacking Pattern SF 9 3 6060 177 (7 y 2 ' 606 Guardrail Type 3 (12-6 Post Spacing) - weathering Steel LF 15 510 % -7,/ I 2�w 606 End Anchorage Type 3K EACH ?5 % zU 3 Z j 6 -3 4' 606 End Anchorage -Type (SRT) EACH / G'4- _ 1 % �G 607 Line Post EACH -22— 6 %34 ¢ � 607 End Post EACH %9 4 7:3? LG 607 Corner Post and Line Brace Post EACH 22-4-- 1 2r Z— 607 Fence Barbed Wire with Metal Posts LF - Y- 71 / 19 gt' 607 Line Post (Chain Link) EACH -77 46 21 % t.4-4 � 607 End Post (Chain Link) EACH 5 607 Fence Chain Link (72 Inch) LF k 266 2- 39 3 607 Twin Driveway Gate (30 Feet) EACH ;t3z 1 %a 3,Z 612 Delineator (Type 1) EACH %9 '�14- 25 4-7 6, Page 1 of 2 Colorado Project STE M455-041 Construction Project Code 12251 11 /6/00 SH 14/Gateway Park Entrance SpeciItem Number Description Unit Unit Cost Estimated Item Cost Quantity 612 Delineator (Type II) EACH 22 614 Sign Panel (Class 1) SF 17 78 1 3 y `] '7- 614 Steel Sign Post (2 Inch Round) LF 13 114 14532 614 Flashing Beacon EACH 48`6 1 4490 625 Construction Surveying L.S. /'Q 1 626 Mobilization L.S. 375 1 3 7, 627 Pavement Marking Paint (Low VOC Solvent Base) GAL 7 72` 25 % 6 8i 627 Preformed Thermoplastic Pavement Marking SF / 2-! 94 16 2. ESL 630 Construction Traffic Control L.S. 1 r-3i3 j TOTAL $ � 1, -3 / G¢ TOTAL / w,T/yN%r� jr9g•�?�il j/vt %/zglnpv�x/ /iN,l� K Yl �c3Zs Dollars Alternate Item MSE Well - Detailed Stacking Pattern, additional cost only S.F. 3 ( 6060 ) ( o /5 -3,3 75 x Page 2 of 2 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. t RESPECTFULL)VS ITT4 v.'i1e�c1 17'�n. {` � , 1'1 Signature Date Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest,:,, 1 ddress kAk ua-iskA\2 on :�.,..xi- Telephone 0 7/96 Section 00300 Page 4 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410Bid Bond 00420Statement of Bidder's Qualifications 00430Schedule of Subcontractors DETAIL A-] M5E T�rf=IGAL WALL FATTERN eal &a" Il- 53N 4 4 4 4 % 77 o 11 21 41 SCALE: 1/2" = V SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Duran Excavating, Inc. as Principal, and Travelers Casualty and Surety Company as Surety, are hereby held and firmly bound unto the City of Fort Collins Colorado, as OWNER, in the sum of $ 5% of total bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 1 IN WITNESS WHEREOF, the Principal and the Surety have and seals this 20th day of November , 2000, corporations have caused their corporate seals to be presents to be signed by their proper officers, the day above. PRINCIPAL Name: Duran Excavatine. Ina. Address: 418 N. 9tlF Avenue GTeel�y; C0-,80,631, f ,7 Title: 1✓ <� ;ti. r ATTEST: - (SEAL) SURETY hereunto set thei r as are d these t forth Travelers Casualty and Surety Company One Tower Square Hartford, CT 06183 By: Lw— _ Title: Debra S. Morris. Attorney -in -Fact (SEAL) 7/96 Section 00410 Page 2 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY. corporations drily organized under the laws of the State of Connecticut. and having their principal offices in the Citv of Hartford. County of Hartford, State of Connecticut, (hereinafter the "Companies') bath made, constituted and appointed, and do by these presents make, constitute and appoint: Kathryn J. O'Shea, Connie K. Boston, Donald B. Martin, Chris S. Richmond. Scott Thomas, Margaret A. Meis, Darlene Krings, William C. Bensier, Kelly T. Urwiller, Russell J. Michels, Linda M. Nikolaeff• Debra S. Morris, of Greeley, Colorado, their true and lawful Attornev(s)-in-Fact, with full power and authority hereby conferred to sign. execute and acknowledge, at any place within the United States. the following instnrment(s): by his/her sole signanue and act - any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond recognizance. or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fullv and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact pursuant to the authonty herein given, are hereby ratified and confirmed. This appointment is made tinder and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, anv Executive Vice President, any Senior Vice President, any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomevs-in-Fact and Agents to act for and on behalf of the companv and may give such appointee such authority as his or her certificate of authonty may prescnbe to sign with the Company's name and seal with the Company's seal bonds, recognizances. contracts of indemnity, and other writings obliga[on in the nature of a bond, recognisance, or conditional undertaking, and any of said officers or the Board of Directors at anv time may remove aay such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President. any Senior Vice President or anv Vice President, any Second Vice President, the Treasurer, anv Assistant Treasurer, the Corporate Secretary or anv Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal. i= required) by one or more Attomevs-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authonty or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing voted Boards Directors TRAVELERS AMERICA. TRAVELERS CASUALTY AND SURETY COMPANY andFARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Execuuve Vice President, any Senior Vice President, any Vice President, anv Assistant Vice President. any Secretary, anv Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attomev or to any certificate relating thereto appo.mung Resident Vice Presidents, Resident Assistant Secretaries or Attomevs-in-Fact far purposes only of executing and ancsung wnature bonds and undertakings and other ntmgs obligatory in the thereof, and any such power of attomev or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and anv such power so executed and e seal shall be valid and binding upon the Company in the future with respect to any bond or certified by such facsimile signature and facsimil undertaking to which it is attached. <_nn Ctandudl SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract. ITEM SUBCONTRACTOR 7/96 Section 00430 Page 1 SECTION 00450 CDOTFORMS JLUHAUU ULVAH I MW4 1 Ur t HAr+arvn 1 A 1 wn ERTIFICATION 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 71so requires that If you have participated in a previous contract or subcontract and have not filed a Standard Form 100 (EEO- ), 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 tabor. 'he Standard Form 100 (EEO-1) may be requested from the: Joint Reporting Committee P.O. Box 779 Norfolk, VA 23501 (804) 461-1213 1. A 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. Yes ❑ No I have participated in a previous contract/subcontract subject to the equal opportunity clause. 3. Yes ❑ No I have filed with the Joint Reporting Committee, the Director, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I declare under penalty of perjury in the second degree and any other applicable state or federal taws, that the state- ments made in this document are true and complete to the best of my knowledge. :ompany �( bidder ❑ proposed subcontractor iy: �f . '� �r�dam" ✓Zi...,./ '� Title: Date: ` �=-i: S 1 .� � �..s -e- t \ �.,1 �? �, SE i2Iti X ,'_, C, %:: , _Z>� 1� coon F«m 8347 IV" XORADO DEPARTMENT OF TRANSPORTATION I Project # � 5 C) ;ONTRACTORS PERFORMANCE CAPABILITY STATEMENT 1. List names of partnerships or joint ventures X none �. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to CDOT. (Attach additional sheets if necessary.) a. Key personnel changes none b. Key equipment changes none c. Fiscal capability changes (legal actions, etc.) none d. Other changes that may effect the contractors ability to perform work. none I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGR E, AND ANY OTHER APPLICABLE STATE ,UMENT AR TRUE AND CORRECT TO THE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DO BEST OF MY KNOWLEDGE ' Contracmez firm or company name By ,�` Date 2nd Contractor's firm or company name (t joint venture) By Date Title COOT Form 9605 1192 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT dO. ANTI -COLLUSION AFFIDAVIT U=TKM T r,N--c •' ,,..�,w>.� �y I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firrTL 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 an/ 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. 26. 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 higherthan 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 farm 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, an 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 TRD COMPLETE TO THE BEST UE OF MY KNOWLEDGE. // 1 Cmtractw's firm w canpany name By /, 7 Date l? Y c [.. `4✓ CV 'id contrarso/s I m w=ffpany name. III pint ventwe.) By Date Title `- Sworn to before me this ©Rpay of, � u y 3 L 'h9,5k c c v wary Public ANNE e f '/�f My['AIMNiI,on m4wee � •• Vy i *. '•.. ,. NOTE: This document mu iFi ink. OLORADO DEPARTMENT OF TRANSPORTATION LkSSIGNMENT OF ANTITRUST CLAIMS KKUMr no. 5sbo Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice antitrust violations ultimately impact on COOT. Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder. 1. Contractor hereby Irrevocably assigns to COOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by CDOT pursuant to this contract. 2. Contractor hereby expressly agrees: a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to COOT hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to COOT, and (2) COOT that such civil action is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor noted such third party that the antitrust claim had been assigned to CDOT; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and c. Promptly to pay over to COOT its proper share of any payment under an antitrust claim brought on Contractors behatf by any third party and which claim has been assigned to COOT hereunder. 3. Further, Contractor agrees that In the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a: Irrevocably assign to COOT (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec- tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga- tions to Contractor, b. Upon becoming aware that a third party has commenced a civil action on the subcontractors behalf asserting an antitrust claim which has been assigned to COOT hereunder, shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to COOT, and (2) Contractor and COOT that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor noted such third party that the antitrust claim had been assigned to COOT; c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to COOT hereunder; and d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the subcontractors behalf by any third party and which claim has been assigned or dedicated to COOT pursuant hereto. 1, acting in my capacity as officer of a bidder (bidders N a joint venture) do agree to the above assignment of antitrust claims. ea,a.uo" 6y 0. CW1 Fmw,.ai lmi :OLORADO DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE 3ID, CONDITIONS ASSURANCE -STRUCTIONs: :)NTRACTOR - complete and submit this form with your bid Project # Location r-i 'OLICY It is the policy of the Colorado Department of Transportation that disadvantaged business enterprises have maximum opportunity to participate in the performance of contracts financed with federal, state or local entity funds NTENDED DBE PARTICIPATION 1) Will your company's intended DBE participation meet contract goals? yes ❑ no 2) List your intended DBE participation. % of DBE participation 3) List the DBE firms you will use for your intended DBE Participation Name of firm(s) Certification expiration date Intended item(s) of work I understand that, if my company is determined to be the low bidder for the contract on this project, I must submit a completed CDOT Form #715 CERTIFICATION OF 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 PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Company name Date Company officersifnefure a' / Title October 30, 2000 To: John Vetterling, URS Denver Office From: Jim Noll, P.E., URS Denver Office Subject: Geotechnical Design Criteria for Proposed Retaining Walls, S.H. 14/Gateway Park Entrance Road Proj. No. 6800044332.03 Task No. 00000 John: We performed several visits to the subject site to observe the geologic and geotechnical conditions with respect to the proposed construction, and in order generate geotechnical design criteria for the proposed retaining wall systems. The project includes construction of two retaining walls with the proposed retaining wall type consisting of a Stabilized Earth (MSE) retaining wall system. Wall 1 is proposed to be 183.69 feet in length with the wall beginning on the south side of the proposed intersection of the Entrance Road with S. H. 14. Wall 2 is proposed to be 322.54 feet in length and occurs from Station 24+10 to 27+40.22 (Entrance Road stationing). The current plans and specifications indicate that the walls are to be design/build in which the Contractor is responsible for adapting their design and construction of the alternative wall system to the site condition. The geologic conditions at the site generally consist of a variable thickness of colluvial soils with underlying metamorphic bedrock. The metamorphic bedrock can be classified as foliated gneiss with varying degrees of pegmatite intrusions. The soil and bedrock conditions observed for both wall alignments can be summarized as follows: Wall 1 Soil and Bedrock Conditions: The soil and bedrock along the alignment of Wall 1 can be categorized into two distinct conditions. The area located along the first 50 to 60 feet of wall alignment consisted of large (up to 25 feet in diameter) boulders of metamorphic rock that appear to be from weathering in -place. The boulders appear to have weathered from a number of thick beds within the foliated metamorphic rock that extends up slope, crosses Highway 14, and extends along a ridge on the hill side above Highway 14. The ridge is oriented parallel to the foliation where the thick, relatively erosion resistant beds crop out. Weathered metamorphic bedrock is expected to exist beneath the boulders and is anticipated to provide suitable foundation material for this portion of the wall alignment. OL ORADO DEPARTMENT OFTRANSPORTATION ;ERTIFICATE OF PROPOSED UNDERUTILIZED DBE PARTICIPATION Project #; Location r "` \-,� Project code (SA#) Sheet "ontractor:1. An officer of the contractor(s) must complete this form. 5. Send original to: 2. 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. 4. Retain a photocopy for your records. Denver, Colorado 80222 FAX: (303) 757-9019 iBE Subcontractor information IE Subcontractor name ❑African American Certification # y a Expiration date;. ❑ Asian or Native American "'! h tems of work subcontracted x s i yl� i ! .IF �f lµ�r 1] ..� y� -aSR � uCHN A) What is the total dollar value of this proposed subcontract that is applrcabre'toward contract goals? A> (NOTE: dollar values are to be actual subcontracto_r,dollars and not. prime contract prices) p t F 'ai B) What is the total dollar value of proposed subcontracts thatare applicable toward contract goals from prior sheets? w Jk B> A. .f.. 7) What is the accumulative value off pr`oposed subcontracts that are applicable towards contract goals? C> 0) What is the orginal contract bid total? Ip: E') What is the acciimurative percent of contract bid total subcontracted to African American DBEs? E9 What is the accumulative percent of contract bid total subcontracted to Asian or Native American DBEs? Et> E2> F) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? F> A + B = C (C=D)x100 =F Contractor certification certify that • my company has met the contracted DBE goals or has attached a completed CDOT Form #718, DBE Good Faith Effort Documentation. • my company has accepted a proposal from the DBE subcontractor named above. • my company has notified the proposed DBE subcontractor of the contracted DBE commitment • my company's use of the proposed DBE subcontractor for the items of work listed above is a condition of the contract award. • my company will invite the proposed DBE subcontractor to attend the preconstruction conference. • my company will not use a substitute DBE subcontractor for the proposed DBE subcontractors 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 document are true and ppmplete to the best OP (rime contractor name Original - Business Programs copy • Project Engineer copy - Region EEO representative copy - Contractor free, and any other applicable state or federal laws, that the statements made on this knowledge. are obsolete and may not be used Form #715 DEPARTMENT OF REGULATORY AGENCIES COLORADO OFFICE OF CERTIFICATION Bernetta L. Collins, Director 1560 Broadway, Suite 1540 Denver, CO 80202 (303)894-2355 November 22, 1999 Mr. Ernest Duran Duran Excavating, Inc. 418 North 9th Avenue Greeley, CO 80631 Dear Mr. Duran, STATE OF COL ANNUAL APPROVAL OF CERTIFICATE # 550 The Colorado Office of Certification is pleased to inform you that Duran Excavating, Inc. has been reviewed and deemed eligible for continued participation in the United States Department of Transportation's (U.S. DOT) Disadvantaged Business Enterprise (DBE) Certification Program. This letter serves as your official certification. Your firm will be included on eligibility lists maintained by the entities seeing a programmatic need for your work specialty, and for whom this office performs contract certification services. Certification number is, Expiration Novembe Standard ImlusftW Classification (SIC) Certified to perform on contracts will Note: Your firm is certified only for the IBE/H 1002 ;DOT,. 7,11 and DWB we referenced SIC codes. In accordance with U.S. DOT Regulations found at 49 CFR Part 26, your firm is certified for a period of three years. However, you will be notified by postcard each November, the month commensurate with your initial certification, that your certification status must be re-evaluated. The postcard provides instructions on how to obtain the necessary form and the other documents to submit to the Office of Certification. Submittal of this information is necessary to ensure that there is no interruption in your certified status. 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 Certification, Department of Transportation, Regional Transportation District and Denver Water Department wish you continued success in your business endeavors. Sincerely, AW w� 11 _ Bernetta L. Collins, Director Supporting Big Results for Small Business OLORADODEPARTMENT OFTRANSPORTATION Prof JNDERUTILIZED DBE GOOD FAITH EFFORT LopNon nOCUMENTATION Date The Contractor who is the apparent low bidder on a CDOT construction project and has failed to meet the Underutilized DBE (UD 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 forth may be submitted by FAX (303-757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Solely at its discretion, CDOT may request additional information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts. I. List sufficient bid items (including portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the ,tablished UDBE participation goal. Indicate the total percentage of work identified for UDBE participation. The total percentage of ibcontract items identified for UDBE participation must equal or exceed the percentage goal established by CDOT. u�1•`L gµ 1 L�y'k a pm N ni, p [� 4 v 4E. ik311t ' P I. For each subcontract item identified, contact by,mail, FAX and/or telephone a minimum of two currently CDOT-certified UDBEs whose work and function codes match the type.,nf worlcxbeing solicited. For projects in areas of the state where there are more.than two UDBEs capable of performing identified subcontract items, contact at least two thirds of those UDBEs. if soliciting by telephone, provide a elephone log of calls, including t6paof dfscussii h; date, time, name of person contacted, and the response received. If soliciting by nail, provide copies of letters to UDBEs and`their responses. Letters and FAXes must specifically identify the project, the items to be subcontracted, and the bid dat&,Letters andr'FAXes must provide an address and phone number where specific quantities or details will be available to bidders ,The Coratactdr shall provide sufficient time to allow the UDBEs to participate effectively in the bidding process. Submit a detailedW xplanation addressing failure to provide any of the above. Programs Office. Copy -Contractor Previous adltlons are obsolete and may not be used COOT Form ►718 3199 List all UD02 and non-UDBE bidders, bid dollar amounts for each bid item, and the name of the successful bidder. Describe how bid ,is were broken down to increase opportunities for specific UDBE bidders. If the UDBE bids were rejected, give reasons for each ise. 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 lbcontract item, the Contractor cannot elect to perform that work Itself when a UDBE bid is competitive or only UDBE bids are received. ien a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. Whether a bid is ,mpetitive" or *significantly lower will be determined by CDOT. Provide a detailed explanation for failure to provide any of the above. ial' a r,.. IlkJA YI`l2 PI; • r �..,�i S fir �: Y c la O hCM �?2 * Ix =;a id. The efforts required hereinare not exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In determining whether Good Faith Efforts have been made, the quantity and intensity of the efforts made as well as kinds of efforts made ay be considlMd..List;any additional efforts to increase UDBE contract participation, such as requesting subcontractors to assist with oviding UDBE participation. Note the results of such efforts. —HE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE aOALS ESTABLISHED BY COOT IS REQUIRED THROUGHOUT THE PERFORMANCE OFTHE CONTRACT. ;ompany 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: Duran Excavating, Inc. 2. Permanent main office address: 418 North 9th Avenue Greeley, Co. 80631 3. When organized: 1978 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? 22 years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) See attached 7. General character of Work performed by your company: Earthwork site utilities excavation demolition erosion control and hazardous material 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. See attached 12. List your major equipment available for this contract. See attached 13. Experience in construction Work similar in importance to this project: See attached 14. Background and experience of the principal members of your organization, including officers: See attached 15. Credit available: $ half million 16. Bank reference: Wells Fargo Bank 2164 35th Avenue Greeley, Co. Sarah Burchett 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? _ Yes 18. Are you licensed as a General CONTRACTOR? Yes, see attached If yes, in what city, county and state? What class, license and numbers? 19 Do you anticipate subcontracting Work under this Contract? Undecided If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time? If DETAIL IIs 7/96 Section 00420 Page 2 yes, 21. What are the limits of your public liability? DETAIL Two million, One million umbrella What company? CNA Insurance 22. What are your company's bonding limitations? $ 8,000,000.00 Travelers Casualty & Surety Co. Hartford, Cr. Agent: Flood & Peterson P.O. Box 578 Greeley, Co. 80634 Bob Murphy 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 418h Ave.,j this 21st day of November 2000. Duri Exca tin Inc. Name of • der... By: Title: President State of Colorado County of Weld Ernest E. Duran being duly sworn deposes and says that he is President Of Duran Excavating, Inc. and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before his 21st day of November 2000. 9 Notary` ublic ? ANNE DURAN 9j • Q� My commission expires 3-6-02 7/96 Section 00420 Page 3 CURRENT PROJECTS NOVEMBER 2000 DURAN EXCAVATING, INC. Project Architect/ Contract Percent Scheduled Name Owner Engineer Amount Complete Completion Skyland Recreational City & County City & County Center of Denver of Denver $ 163,354.00 95% Nov-00 Rocky Mt. Mutual Meeker Commons Housing Association S.A. Miro $ 275,528.00 50% Dec-00 CSU-Science Lab Colorado State Upgrade University OZ Architicture $ 156,060.00 20% Dec-00 Agilent A ilent Techonlo ies Technologies H & I Architects $ 272,072.00 50% Dec-00 Cache Bank & College Greens Lee Architects Retail Center Commercial LLC & Interior Designers $ 392,588.00 5% Dec-00 Ross Hall Colorado State Christopher Carvell Demolition University Architects $ 150,643.00 0% Nov-00 "Current Projects 1 11/21/00 Major construction projects Duran Excavating has completed in the past five years: JA NA E lljr Removal RTC -1, F, Sat: >Y :aat s r+ r,L-;8 no Conlpjate 1996 Children's Hospital (Earthwork & Utilities) Children's Hospital CTL / Thom pson, Inc. 701,885.00 Complete 1996 Broomfield City of ProomFieid' ;"ity of Pfcon-ifichd -D Jefferson County Evergreen High School School District H & L Architecture, LTD. $ 374,169.00 Complete 1995 Khpr Denver Central Library City & County of Derwei Jz?nks, 8,- Dubois $ 8,M i-1,3110 00 Eighth Ave. Storm Sewer City of Greeley Bemett Consulting, Eng. $ 952,600.00 Complete 1995 LINJC Student Rec. CI,'-mei Ooio(adc Sinks, C-nnbs, t ethfefs z 0 z S UO Cor npleie Frederick S. Scott/ — St. Anthony Hospital St. Anthony Hospital Harry J. Varwig $ 219,800.00 Complete 1995 Froni. RangLa or��dc -o I _'CL iTj j rI '01 C I ege Community Coj1eg(-,, ,.)ccupationa; Education Davis Paf4nership, PC, i 743 00 complei- United Airlines FOTC Facility United Airlines Reddy & Reddy $ 290,396.00 Complete 1997 Mai vcrast Harmony & Serenity Residence Sacred Hea!t C ot p Davis Paifneichlp, PC 'S J-5, ')03 00 Complete I Monoco Parkway / Waste Water Eastman Avenue City & County of Denver Management $ 642,121.00 Complate 1998 14an Distributic,,n Battier C")Mplex Public Service anrnpariv Architecture $ 8 19, 0, 4 00 Comi'-flete 'i 9 Denver Human Denver Capital Leasing / I Service Center City & County of Denver OZ Architecture $ 619,260.00 Complete 1999 —Greeley !V'Veid County Greeley / V%J'eld Cc,unly lsbiil Associated Airpoil Air pc a Raytheon inftastructure"- 1S 5195 b-A 00 'C(DmPIOe 1 ,, 9 8, Greeley High School #3 Weld County Klipp, Cloussy, North Ridge High School District # 6 Jenks, Dubois, P.C. $ 475,464.00 Complete 1999 t_ a i f l') K C. C) 1,1 f11 y Lwimei County Faciiitiec Reiliv JohnsC;n Do,lertion Cenlei Architecl tji,, $ - - 49 7 00 1 C 0 IT! t I 99L, I AT & T At & T Corporation MBC Architects P.C. $ 136,841.00 Complete 1999 —C C V'.'-entre'5s J 1-11 I D. I I PJdkium -S A�cjr?6 6 � I .--!f 0 I-ol-riete I- '0", _jU Page 1 of 2 11/21/00 Major construction projects Duran Excavating has completed in the past five years: Greeley/ Weld County Greeley/Weld County Isbill Associated Airport 235 Airport Raytheon Infrastructures $ 2,397,495.62 Complete 1999 Greelev West Wela C'ountU I W'w Associated dial S--hooi S)O'hool District # 6 Ravtwc,'r, lnfra�ttu-ture,--� 7,3 C IS -10 C") I � I t:� 1 ele -1�1 - 9" REI Denver Flagship Recreational Equipment, Inc. Mithum Partners, Inc. $ 709,307.00 Complete 1999 Arvada Red Rocks Red Rocks Community College Comintinity College. Davis Partnership, PC 3s 90,316,15 00 Complete '1999 Anheuser-Busch Morrison Knudsen Anheuser-Busch St. Louis , Mo. Corporation $ 386,602.00 Complete 1999 Amgen Lakecenter Utility & Production Amgen,Inc; 4 GO-, 0, 0 0 C cl n I P 1 C to Hollywood & Irish Storm Sewer Drain Larimer County Purchasing Ayres Associates $ 737,841.00 Complete 1999 Greeley Central VVeld County Hight School Sz'choo� cjstnct # 6 9 ivi Amgen Lakecenter Administration Addition Amgen, Inc: S.A. Miro, Inc. 75,800.00 Complete 1999 L I firt Mown Fort W)�,gan S; !2tei' PaUi Hip,i). School --c1lool District t Al s "; C) c i a t e t", �i 1,4 9 Expo Park/ Westerly Creek City of Aurora CI-12M Hill $ 2,217,934.00 Complete 2000 Skyiarw Recreation Center City & County of Denver 1""'haMT'be1Hn A.'chto $ I ; 3 . '?, 5,1 o o 9E910' 20L)r" Northwest Business Park Catellus Development Martin/Martin Utilities & Drainage Corporation Consulting Engineers $ 566,923.00 Complete 2000 Weld County School, Noilh!idge High Sdhooi D!sfrict Six KBN Engineer,� S 3 4 6, 8) 'G� I J 0 co r I IL fete 20010) Northridge High School Weld County School Robert Schreve Soccer Field District Six Architects $ 559,900.00 Complete 2000 G; : elcy Airport GF&16// "felt D,:rnoljtior, of'Fetrnna! County 8"2' '0 n)plct8 '2OO Rocky Mt. Mutual Meeker Commons Housing Association S.A. Miro, Inc. $ 275,528.00 50% 2000 CSU Colorado Slate ab kIpg ade ve uni(v 4r'chaeW�'Scienres Agilent Agilent Technologies Technologies H & I Architects $ 272,072.00 50% 2000 Cache Bank ' Lt,,z Retail Center C-winwinia! LLC - -- - 1�4r-Jor LDesig-erg 3 9, -', -5 FA 0 1) �V' Ross Hall Colorado State Christopher Carvell Demolition University Architects $ ,150,643.00 0% 2000 Page 2 of 2 11/21/00 Proposed Retaining Walls, S.H. 14/Gateway Park Entrance Road October 30, 2000 Page 2 The geologic conditions for the remainder of the alignment for Wall 1 appears to be located within a ravine formed by erosion of relatively weak metamorphic rock. The erosion appears to occur along the foliation direction of the rock. The bedrock in this area consists of relatively thin beds that appear to weather more rapidly. The bedrock in this area contains a cover of colluvium and soils that have an estimated thickness of less than 5 feet. Wall 2 Soil and Bedrock Conditions: The soil and bedrock along the alignment of Wall 2 can also be categorized into two distinct conditions. The western portion of the wall is located in an area underlain by foliated metamorphic bedrock this is exposed in a large number of outcrops, separated by areas of a thin (an average of 1 to 2 feet thick) cover of soils and colluvium. The first 90 to 100 foot of wall alignment is located in an area of outcropping bedrock. The outcrop consists of a 30 to 40 foot high, nearly vertical cliff that is oriented almost parallel to the foliation in the metamorphic rock. This portion of the wall will extend along the face of the cliff. The slope of the cliff out crop generally follows the foliation of the material dipping to the southwest at approximately 751. The metamorphic rock has weathered preferentially along the foliation, with slab shaped blocks exposed along the cliff face. The wall alignment transitions from the foliated metamorphic bedrock foundation material onto talus and/or alluvium that is expect to underlie the existing access road. Talus, consisting of sand and gravel to large boulder (3 to 6 feet in diameter) sized fragments of metamorphic rock is expected beneath the existing road embankment fill, which also consists of rock fill borrowed from talus deposits. Alluvial deposits, consisting of sands and gravels with cobbles and boulders may be interbedded with the talus. There appears to be a possibility that metamorphic bedrock may be encountered in the foundation at the east -end of Wall 2. Global Stability Analysis: A stability analysis was performed on a critical section taken along each wall alignment. The stability analysis was performed using the UTEXAS3 computer software. The stability analyses were performed using assumed parameters for the colluvial soils and metamorphic bedrock (angle of internal friction, cohesion, and moisture unit weight), as well as a length of reinforcement for the MSE wall system equal to 0.75 times the wall height. Based on the assumed soil and bedrock parameters used, the cross sections along the wall alignments provided, and our understanding of the construction, the walls appear to be globally stable with factors of safety exceeding 1.5. Recommended Geotechnical Design Parameters: As indicated, the retaining walls are proposed as a design/build element to the project. The Contractor is responsible for adapting their design and construction of the alternative wall system to the site condition. EQUIPMERr LIST DURAN EXCAVATING, INC. YEAR DESCRIPTION . UNIT O V.I.N # PLATE # !n QWWo1at R—** am= Al 1GCDK1 11 ZBWHY 1995 fiMC PMW ii9w Toms AZ IGTEK14K46Z5?1135 22=3HY im DodO 4m4 oickm A4 187HFlGY 02764M 1=4 G=Pkkip Lmw Martlnaz A6 t 14119HY 1999 am Sialra f9U Dan AS GTEKIBT7XE511903 S93TSITY 19MGMXPabsiom Lumn A7 1GTGK2KOM134n 99ZT4HY 1999 WCYGO6Wm3D Oawa A9 1GT Sf MHY 11M0 Pfolo4 Maf wan A70 IGTOCUMLES144M 4WSITY =4 amy u" m* fob A11 1 Ino Mai 45131HY Mn WC 1EQ3X'aobPkkw EtafaOa A13 ammmmnlmn 999ANT 1993 130 C94 WF1ORi None 1996 Cgs SM1135 D000= 1993 Car Eq4 JABO032034 Z10271 1S" K@MMu2ME=mmW I= AM271 X44069 1916 EIST A00= X4406B 1997 AOMM 0000" 1m C9216r, mm 9fiL3M ISM TCF=M FM 12IMaM Non. 1 COMMONWOMW09: GI 1994 (*uaemdw 94uoD199 D00044S 1990 core DM004 IM CmmWLmWW LAs CMAMM �0 19" CMMCCMAIWL=ft LA4 74016a zi9599 1990 = Whod Wow IA9 JAKDMZSrA 2D19895 1990 CarIMMUNdW LAB JAFM20M 219427 19% CAM low am or LSO JAFM34= X44057 low Cate= Soarr an 4WO190 zmsm 19n CatSaaaar an Z18213 2000 Suva Tnm TK79 1 tm Laard Fad Waiar Tm* TK19 U103VFCSM 11GJA2 1987 bmGovin mdc TKO IHSLCHXNXHKOkISM 103JA2 1991 Fad Wawr nor* TKM IFOMR74NWVJ2=9 1350IHY 1993 LaardKuwronh TKZ4 1XKAD89X4PJ387.S2f 088FfZ8 1939 LumadKNWXM Fenn 2290 fin an 8131 TK25• 1XKAC2BX5KS529492 Sogm 19U Lard Kamwath Fam22Mfin anM TK28 IXKAD5MCLIS503546 575GFG 1999 matimm FAIM Twin TL70 7732D Nora Tinplala 21901 W111872 =dw TL72 4 Wffmp riw TL73 4LIRM1EMS0811 W10ZSB5 Elm CaoM nWWRC*Dump TL74 AOM W45= ifmW TM 1 42OXG0772M W118573 OBfaa airVan TLW 540ATL OM= SMI nww TL99 12101 W102981 Tmnpw zzm HMV 2240 Duao y ow" Punp 2280 Gorman Rupp Pump 4' Sm. EMI JOB #: 235 JOB NAME: Greeley Weld County Airport PROJECT #: 03-08-0028-09 ADDRESS AND LOCATION: 600 Crosier Avenue, Greeley, CO 80631 OWNER: Office of the Airport Manager ADDRESS: 600 Crosier Avenue Greeley, Co 80631 TELEPHONE: (970) 356-9141 CONTACT & TITLE: GENERAL CONTRACTOR: Duran Excavatina, Inc. ADDRESS: 418 North 91 Avenue Greeley, Co 80631 TELEPHONE: (970) 351-0192 CONTACT & TITLE: Ellie Duran, Project Coordinator ARCHITECT: Isbill Associated Raytheon Infrastructures ADDRESS: 5555 Greenwood Plaza Blvd Suite 300 Englewood, Co 80111 TELEPHONE. DALE MITCHEL Mobile (303) 901-3807 STARTING DATE: October 27.1998 COMPLETION DATE: January 5,1999 BEGINNING CONTRACT AMOUNT: _ $2,211,347.00 ENDING CONTRACT AMOUNT: $2,424,937.00 DESCRIPTION OF WORK: Construct runway,, clear and grub, grading, site cut & fill approx.130,000 cy, stabilization fabric rip rap, electrical ducts, storm sewer. underdrain. inlets and drop structures. JOB #: 242 JOB NAME: Hollywood & Irish Stormwater Improvements PROJECT* 8479 ADDRESS AND LOCATION: Hollywood & Irish Cherry Ft. Collins Co. 80527 OWNER. Lorimer County ADDRESS: 212 West Magnolia Avenue P.O. Box 1190, Fort Collins, CO.80522-1190 TELEPHONE: (970) 498-5711 CONTACT & TITLE: Todd Jurgen GENERAL CONTRACTOR: ADDRESS: T Greeley, Colorado 80631 TELEPHONE: (970) 351-0192 CONTACT & TITLE: Ernest E. Duran, uran President ARCHITECT: Ayres Associates ADDRESS: P.O. Box 270460 Fort Collins CO 80527 TELEPHONE: (970) 223-5556 STARTING DATE: July 19,1999 COMPLETION DATE: January 14, 2000 BEGINNING CONTRACT AMOUNT: $ 737,841.00 ENDING CONTRACT AMOUNT: $ 905,253.00 DESCRIPTION OF WORK: Storm sewer, retention ponds, inlets, concrete walls, concrete sidewalks, rip rap, Street reconstruction, haul off 70,000cy, of dirt. JOB #: 246 JOB NAME. Expo Park / Westerly Creek Detention Facility PROJECT #: 4848A ADDRESS AND LOCATION: 10865 E. Exposition Avenue (Just off Havana ) OWNER: City of Aurora ADDRESS: 1470 S. Havana Street Aurora Co 80012 TELEPHONE: (303) 713-5067 CONTACT & TITLE: Jim Wuliiman, Pro.iect Manager GENERAL CONTRACTOR: ADDRESS: Greeley, Co. 80631 TELEPHONE. (970) 351-0192 CONTACT do TITLE: Ellie Duran, Project Coordinator ARCHITECT. CH2M Hill ADDRESS. 100 Inverness Terrance East Englewood, Co. 80112 TELEPHONE: (303) 713-5391 Kyle Hamilton STARTING DATE: January 2000 COMPLETION DATE: BEGINNING CONTRACT AMOUNT: $ 2,217,934.00 ENDING CONTRACT AMOUNT. DESCRIPTION OF WORK: Detention Pond, ball fields, parking lot, storm sewer, fencing, concrete structures and rip rap ERNEST E. DURAN (ELLIE) Experience: November 1981 to Present President, Chief Executive Officer and Major Stockholder Duran Excavating, Inc. June 1973 to November 1981 Estimator and Job Coordinator, NCC Construction Company, 6001 West 10"' Street, Greeley, Colorado 80632 Education: Greeley West High School, Graduated 1977 Training: On the job training as job coordinator and estimator with NCC Construction, AGC Certification of Construction Management and Job Estimating, Blur print, labor and management certification, critical path method and scheduling. Qualifications: November 1978 to Present Qualified in management and supervision of all office procedures, equipment and material acquisition, estimating and installation in the following areas: Familiar with all types of building construction, remodeling, pipeline construction, including engineered fills, and mass excavation. 1" to 96" diameter pipe, working at depths of 18" to 23 feet using hydraulic, fabricated shoring, fabricated trench box and vertical on site fabrication methods. Ernest E. Duran (Ellie) Resume Page 1 of 2 Installation of waterline systems for 4" to 36" D.I.P., Including meter vaults. Install sewer lift stations. Utilization of road base, crushed quarry material, application of asphalt road surface and materials. Complete construction to spec of roads and appurtenances. Familiar with civil drawings and have the ability to compensate for engineering conflicts. Complete sanitary and storm sewer systems, utilities, commercial, residential and industrial excavating as well as site demolition. Duties have consisted of estimating, negotiation, and supervision of field criteria input and coordination of engineering department and field department, ordering materials and obtaining bonding. Estimating duties have included estimating material, subcontractors, fill replacement and the related manpower and equipment requirements. Have interpreted engineering criteria and have performed project management from start to finish. Additional Training: Completed 40 hours of Hazardous Waste Operating and Emergency Response Training (29 CFR 19910.120). Completed 6 hours of Safety Supervisor Training and is a designated Safety Supervisor. Completed refresher for Hazardous Waste Operation and Emergency Response. Ernest E. Duran (Ellie) Resume Page 2 of 2 Experience: November 1978 to present, Secretary and field Supervisor for Duran Excavating, Inc. June 1971 to November 1978, Equipment operator and assistant project superintendent, NCC Construction, 6001 West 10"' Street, Greeley, Colorado 80632 Education: Greeley West High School, Graduated 1976 Training: On the job training as job coordinator and job superintendent with NCC Construction. National safety program and training for federal hazardous materials program. Qualifications: Qualified in management and supervision of field development and operations, including equipment operation and installation in the following areas: Pipeline construction Utility installation including forming concrete, manhole Construction for installation of storm and sanitary sewer systems. Installation of waterline systems for 4" to 36" D.I.P., including meter vaults. Install sewer lift stations. Road construction Demolition. Land reclamation. Commercial, residential, industrial, mass excavating. engmeerea mi, i.. to zs using nyoraunc, launt.;OLcu 01"„111y, fabricated trench box and vertical on site fabrication methods. Fracturing of solid geological formation, use and installation of engineered rip/rap, retaining structure construction and application. Have knowledge of various types on alignment and engineering equipment. Can interpret engineering criteria and perform project management from start to finish. Have performed as project superintendent, quality control officer, supervised and coordinated subcontractors, ordered materials, conducted safety meetings, and make sure safety procedures were followed, and maintained equipment on a daily basis. Hazardous waste material removal Additional Training: Completed 40 hours of hazardous waste operation, and emergency response training (29 CFR 19910.120). Completed 6 hours of safety supervisor training and is designated a safety supervisor. Completed refresher for hazardous waste operation and emergency response. BUSINESS - PROFESSIONAL LICENSES DURAN EXCAVATING, INC. Fee Type of License Name Date Date Registered Under Issued Expires CITY OF AURORA ROW Trenching Duran Excavating, Inc. 2/4/00 2/1/01 License #A18537 ROW Earthwork License #A18538 Duran Excavating, Inc. 2/4/00 2/1/01 Class B Building Duran Excavating, Inc. 8/16100 9/1/01 License #A20759 CITY AND COUNTY OF DENVER $50.00 Contractor - Sewer File No. SC-0061 Duran Excavating, Inc. 12/31/99 12/31/00 $75.00 Contractor - Water Service (Demo & Fire Line) Duran Excavating, Inc. 2/29//00 2/28/01 License #20287 Larry Duran Supervisor $50.00 RW-EXCVTR Duran Excavating, Inc. 12/31/00 12/31/00 License #090539 $75.00 Demo B License # 012350 Duran Excavating, Inc. 9/30/00 9/30/01 Inc. Suppression System Contractor REG #99-4379 /1 C.D.O.T. Duran Excavating, Inc. 6/28100 1/31/01 Prequalification Codes #954A Dept. of Public Works Duran Excavating, Inc. 3131/00 3/31/01 1,000,000.00 Prequalification CE-3 Category CITY OF WESTMINSTER $110.00 Public Way Contractor 4/12J00 4/12101 Lic #59325 $100.00 Concrete and Paving Certification State Buildings Real estate programs Site work CITY OF GREELEY Duran Excavating, Inc. STATE OF COLORADO Duran Excavating, Inc. 1/4/00 12/31/00 6/5100 611/01 11/17/00 CITY AND COUNTY OF DENVER CERTIFICATIONS AND LICENSES CERTIFICATIONS LARRY DURAN Fee Type of Certification Certification Registered Date Date Under Larry Duran Issued Expires $50.00 Demo B Supervisor Larry Duran 9/30/99 9/30/02 License #1013416 $30.00 Drainlayer Journeyman Larry Duran Certificate #2106127 $75.00 D-EX/SHR/PUCAS/DRUSHFT SUPR Concrete and Foundations Larry Duran Supervisor Certificate #1015745 $50.00 Water Service Supervisor Larry Duran Certificate #1017660 CITY OF AURORA ROW Earthwork Certificate #Q9554 Larry Duran 3/2/00 2/28/03 3/31/99 3/31/02 10/31 /99 10/31/02 12/31/03 ROW Trenching Certificate #Q9553 Larry Duran 12/31/03 Water Service Licence #020287 Larry Duran 2129/00 2128/01 Class B Building Certificate #Q11427 Larry Duran 8/16100 8/31/03 STATE OF COLORADO $55.00 Fire Suppression System Contractor Reg #00-4379 Larry Duran 1/31/00 1/1/01 CERTIFICATIONS CARP DURAN Fee Type of Certification Certification Register Date Date Under Gary Duran Issued Expires $75.00 D-Concrete Duran Excavating, Inc. License #016992 Gary Duran 2/29100 2/28/01 $50.00 D- Concrete & Foundation Supervisor 11/30/99 11/30/02 Certificate #1015981 Gary Duran Duran Excavating Inc. Page 1 11/17/00 Proposed Retaining Walls, S.H. 14/Gateway Park Entrance Road October 30, 2000 Page 3 We recommend that the Contractor's wall designer consider the following geotechnical criteria for use in the design of the walls with respect to the retained and foundation materials. • Colluvial Soils/Alluvial Deposits: Colluvial soils and alluvial deposits will be encountered in the foundation and retained soils for the alignment of Wall 2 east of the metamorphic out crop cliff face. Properly compacted, granular embankment fill may also occur as retained soil behind the reinforced zone in portions of both wall alignments. Based on our experience of materials of this nature, we recommend the use of the following geotechnical criteria: Maximum Allowable Bearing Pressure — 3,500 psf Angle of Internal Friction — 321 Cohesion — 0 Moist Unit Weight — 130 pcf • Metamorphic Bedrock: Metamorphic bedrock will be encountered in the foundation and retained zones for the majority of Wall 1 alignment and in the area of Wall 2 alignment that intersects the out crop cliff face. Based on our experience for materials of this nature, we recommend the use of the following geotechnical criteria: Maximum Allowable Bearing Pressure — 7,000 psf Angle of Internal Friction — 451 Cohesion — 5,000 psf Moist Unit Weight — 135 pcf Construction Considerations: The following considerations should be followed by the contractor during the design, project bidding and construction phase of the project: 1. The large boulders that will be encountered in the first 50 to 60 feet of Wall 1 alignment shall be removed from the foundation zone in order for the retaining wall to bear on the underlying metamorphic bedrock. This may result in additional as -constructed wall height in this area. 2. The remaining alignment of Wall 1 contains a cover of colluvium that has an estimated thickness of less than 5 feet. For adequate foundation material, the soils and colluvium should be removed and the bedrock cleaned of highly weathered_ bedrock. The base of the wall should be extending to bearing on the bedrock. SECTION 00500 AGREEMENT FORMS 00510Notice of Award 00520Agreement 00530Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: January 10, 2001 TO: PROJECT: STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated November 21, 2000 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550. The Price of your Agreement is Five Hundred Twenty-one Thousand Nine Hundred Thirty-nine Dollars and Nine cents ($521,939.09). Four (4) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Four (4) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by January 25, 2001. 1. You must deliver to the OWNER four (4) 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. By 7/96 B. O'Neill II, CPPO tle Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the loth day of January in the year of 2001 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Duran Excavating Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550, and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by URS Corporation, Kumar Associates, EDAW, Inc., and Jason Stutzman, Project Engineer for the City of Fort Collins, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within 100 calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 120 calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR 10/97 Section 00520 Page 1 agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars (81000) for each calendar day or fraction thereof that expires after the one hundred (100) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Four Hundred Dollars (5400) for each calendar day or fraction thereof that expires after the twenty (20) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($521,939.09), Five Hundred Twenty-one Thousand Nine Hundred Thirty-nine Dollars and Nine 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 10/97 Section 00520 Page 2 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 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 10/97 Section 00520 Page 3 Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered 1 through 27 and 101 through 130 inclusive with the following general title: State Highway 14/Gateway Park Entrance The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 10/97 Section 00520 Page 4 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 10/97 Section 00520 Page 5 OWNER: CITY OF FORT COLLINS By: JOHN ISCHBACH, CITY MANAGER BY: J ES B. O'NEILL II, CPPO RE TOR OF PURCHASING AND RIS MANAGEMENT Date: / _ ! I ZDo l Attest: Ci Address for giAng•..oticee P. O. Box 580 Qnp Fort Collins, CO 80522 Approved as to Form Assistant City Atto 10/97 CONTRAC : Du Excavating, Inc. By: rrl es-1 E Du1-04j Title: 22,95 Date: -16 -4) (CORPORATE SEAL) Attest: /� / �,-s-7 // Address for giving notices: tv. .N I. LICENSE NO.: xv Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: STATE HIGHWAY 14/GATEWAY PARK ENTRANCE; BID NO. 5550 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 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635Certificate of Substantial Completion 00640Certificate of Final Acceptance 00650Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670Application for Exemption Certificate