HomeMy WebLinkAbout104903 G L HOFF - CONTRACT - BID - 5850 WEST ELIZABETH BIKE LANE IMPROVEMENTSLl
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
WEST ELIZABETH
BIKE LANE IMPROVEMENTS
BID NO.5850
Ci
BID OPENING:
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
APRIL 27, 2004 - 3:00 P.M. (OUR CLOCK)
consideration of possible substitute or "or equal" items. Whenever it is
indicated on the Drawings or specified in the Specifications that a
substitute or "or equal" item of material or equipment may be furnished or
used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective
date of the Agreement". The procedure for submittal of any such
application by CONTRACTOR and consideration by Engineer is set forth in the
General Conditions which may be supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of
principal subcontractors he proposes to use in the Work. Refer to Section
00430 contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable
objection to any proposed Subcontractor, either may, before the Notice of
Award is given, request the apparent successful Bidder to submit an
acceptable substitute without an increase in Bid price. If the apparent
successful Bidder declines to make any substitution, OWNER may award the
contract to the next lowest responsive and responsible Bidder that proposes
to use acceptable subcontractors. Subcontractors, suppliers, other persons
or organization listed and to whom OWNER or Engineer does not make written
objection prior to the giving of the Notice of Award will be deemed
acceptable to OWNER and ENGINEER subject to revocation of such acceptance
after the effective date of the Agreement as provided in the General
Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor,
supplier or other persons or organizations against whom he has reasonable
objection. The use of subcontractors listed by the Bidder and accepted by
OWNER prior to the Notice of Award will be required in the performance of ,
the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may
be retained by the Bidder. A separate unbound copy is enclosed for
submission with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on
the form must be stated in words and numerals; in case of conflict, words _
will take precedence. Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other appropriate officer accompanied by -
evidence of authority to sign) and the corporate seal shall be affixed and
attested by the secretary or an assistant secretary. The corporate address
and state of incorporation shall be shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and
12/03 Section 00100 Page 4
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5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
the WeEk �e the extent of on), deduetible amounts that are
less O"seebiderAifieddeduetibleafneunt,,A,ilibebefn
less and if any of them wishes prepen), instivane
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EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition)
10 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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Receipt and Application of Insurance Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5.13. OWNER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach. If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers
proper r.,. R.,ea of s -eh dutis ..n,�.
Acceptance of Bonds and Insurance; Option to Replace:
5.14. If
OWNER has any objection to the coverage afforded by or
other provisions of the Bends a insurance required to be
purchased and maintained by the ether --pay
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the
OWNER will
notify CONTRACTOR in writing within fen fifteen days
after reeeipt delivery of the certificates (ef etherevidefte
requested] to OWNER as required by paragraph 2.7.
SRSH aftee required of
Partial Utilization —Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Completion of all the Work, such use or occupancy may
be accomplished in accordance with paragraph 14.10;
provided that no such use or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6--CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, inspect and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in
and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR. All
communications to the superintendent shall be as binding
as if given to CONTRACTOR.
Labor, Materials and Equipment.
6.3. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain
good discipline and order at the site. Except as otherwise
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto, and
except as otherwise indicated in the Contract Documents,
all Work at the site shall be perforated 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.
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 Manaeement
Division or the City Clerk's office.
6 4 2 Cement Restrictions: City of Fort Collins
Resolution 91 121 requires that suppliers and producers
of cement or products containing cement to certify that
the cement was not made in cement kilns that bum
hazardous waste as a fuel.
6.5. All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
nun 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:
6.7.1.1. "Or -Equal": If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that
no change in related Work will be required, it may
be considered by ENGINEER as an "or -equal"
item, in which case review and approval of the
proposed item may, in ENGINEER's sole
discretion, be accomplished without compliance
with some or all of the requirements for
acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
an "or -equal" item under subparagraph 6.7.1.1, it
will be considered a proposed substitute item.
CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor:
The procedure for review by the ENGINEER will
include the following as supplemented in the
GeneralRequirements and as ENGINEER may
decide is appropriate under the circumstances.
Requests for review of proposed substitute items
of material or equipment will not be accepted by
ENGINEER from anyone other than
CONTRACTOR. If CONTRACTOR wishes to
famish 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 extenk 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
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 famish 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.
EJCDC 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. if the SuPPlefflentafy Genditie Bidding
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER in ads,anee of die p=e.xx•r a
cv
dete prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER,—a:,a--i€
CONTRACTORhas submitted a list thpreef
iteeerdanee with the Suppleme*tapf--igead4iens,
OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) of
efganizatien se identified FF-1 the
basis of reasonable objeetion after dtie investigafieii;
in %,Weh ease 160?�URAGTOR shall submit an
aeeeptable
adjusted by the diffii;enee in the east eeeasiened by
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
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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 its 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, ENGINEERIs 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.
14 EJCDC GEN ERAL CONDITIONS 1910-9 (1990 Edition)
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
CONTRACTORIs 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 CONTRACTORIs primary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTORIs 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.
6.1S.1. OWNER is exempt from Colorado State and
local sales and use taxes on materials to be
permanently incorporated into the12roiect. Said taxes
shall not be included in the Contract Price.
the project.
Address:
Colorado Department of Revenue
State Capital Annex
1375 Sherman Street
Denver. Colorado, 80261
Sales and Use Taxes for the State of Colorado
Regional Transportation District (RTD) and certain
Colorado counties are collected by the State of
Colorado and are included in the Certification of
Exemption.
All applicable Sales and Use Taxes (including State
collected taxes), on any items other than construction
and building materials phvsically incorporated into the
project 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 party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER, ENGINEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
construction equipment and machinery and surplus
materials. CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work. CONTRACTOR shall restore to
original condition all property not designated for alteration
by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it.
Record Documents:
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 Sampler.
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
CONTRACTORS 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. ENGINEERS review and approval will not
extend to means, methods, techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or 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 Genera! 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 0990 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 temvnation 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 I I 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.
r r � a=Re-afeset
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 light to stop Work or
suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to temunate
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.
Wall
.. �_.
�.. .,._ .
ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
EICDC GENERAL CONDITIONS 1910-8(1990Editon)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
that has been made and the quality of the various aspects
of CONTRACTOR's executed Work. Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work. ENGINEER's
visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER
will 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 _. a . ; c - --�_-
.,.. r r..,.....-..nary
Eenditiens 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 naragranh 9 3
9.3.2. Duties and Responsibilities Representative
wdL•
9.3.2.1. Schedules - Review the progress
m
signed by a partner, his title must appear under his signature and the
official address of the partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the
joint venture or by an authorized agent of each participant. The full name
of each person or company interested in the Bid shall be listed on the Bid
Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda
(the numbers of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by
erasures, interpolations, or otherwise will be acceptable unless each such
alteration is signed or initialed by the Bidder; if initialed, OWNER may
require the Bidder to identify any alteration so initialed.
11.8. The address and telephone number for communications regarding the
Bid shall be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the
Invitation to Bid and shall be enclosed in an opaque sealed envelope marked
with the Project title, Bid No., and name and address of the Bidder and
accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders
Qualifications, and Schedule of Subcontractors as required in Section
00430. If the Bid is sent through the mail or other delivery system, the
sealed envelope shall be enclosed in a separate envelope with the notation
"BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time
and date for receipt of Bids indicated in the Invitation to Bid, or any
extension thereof made by addendum. Bids received after the time and date
for receipt of Bids will be returned unopened. Bidder shall assume full
responsibility for timely delivery at the location designated for receipt
of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and
will not receive consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under
different names will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly
12/03 Section 00100 Page 5
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability
9.3.2.2. Conferences and Meeting - Attend
meeting with the CONTRACTOR such as
pMijonstruction conferences, progress meetings
and other lob 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 CONTRACTORS 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 detemvning that the Work is proceeding in
accordance with the Contract Documents.
9.3.2.4.3. Accompany visiting inspectors
=resenting public or other agencies having
iurisdiction over the Proiect, record the results
of these inspections and report to the
ENGINEER.
9.3.2.5. Interpretation of Contract
Documents. Report to ENGINEER when
clarifications and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarification and interpretation
of the Contract Documents as issued by the
ENGINEER.
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
20 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
modification in Drawings or Specifications and
report these recommendations to ENGINEER
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER
9.3.2.7. Records.
9.3.2.8. Reports.
9 3.2 8.1 Furnish ENGINEER periodic
Lep—orts as Mquired, of the progress of the
Work and of the CONTRACTOR'S
compliance with the Progress schedule and
schedule of shot) 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 gquipment
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 V2000)
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 I 1 or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective,
or that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that
will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents. ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13.9, whether or not the
Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments.
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
6.28 inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with
CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
for Payment or otherwise). ENGINEER's written decision
thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
delivers to the other and to ENGINEER written notice of
intention to appeal from ENGINEER's decision and: (i) an
appeal from ENGINEER's decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement", entered
into between OWNER and CONTRACTOR pursuant to
Article 16, or (ii) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing party in a foram 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 parry'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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
22 wl CITY OF FORT COLLINS MODIFICATIONS (REV 4J2000)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of
a decision by ENGINEER pursuant to paragraphs 9.10 or
9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph 14.15) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matterpar-sua t to Miele 16.
9.13. Limitations on ENGINEER's Authority and
Responsibilities:
9.13.1. Neither ENGINEER's authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
undertaking, exercise or performance of any authority
or responsibility by ENGINEER shall create, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier,
any other person or organization, or to any surety for
or employee or agent of any of them.
9.13.2. ENGINEER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
performance of the Work. ENGINEER will not be
responsible for CONTRACTOR's failure to perform
or furnish the Work in accordance with the Contract
Documents.
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9.13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.13.5. The limitations upon authority and
responsibility set forth in this paragraph 9.13 shall also
apply to ENGINEER's Consultants, Resident Project
Representative and assistants.
ARTICLE 10--CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work. Such additions, deletions or revisions will be
authorized by a Written Amendment, a Change Order, or a
Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 11 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3.5 and 3.6, except
in the case of an emergency as provided in paragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (ii) required
because of acceptance of defective Work under
paragraph 13.13 or correcting defective Work under
paragraph 13.14, or (iii) agreed to by the parties;
10.42 changes in the Contract Price or Contract
Times which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9.11;
provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 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.
Written Agreement are not valid.
ARTICLE I I —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 ptomptly (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 inelade but no 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 reHfemext benefitsTbenw,es;
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.
I IA.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 19I0-8 (1990 Edition)
24 w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to
OWNER who will then determine, with the advice of
ENGINEER, which bids, if any, will be accepted. If
any subcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee,
the Subcontractor's Cost of the Work and fee shall be
determined in the same manner as CONTRACTOR's —
Cost of the Work and fee as provided in
paragraphs 11.4, 11.5, 11.6 and 11.7. All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but
not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants) —
employed for services specifically related to the
Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary
transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in --
discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and
maintenance, of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance of the Work, and cost less market _
value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof --all
in accordance with terms of said rental
agreements. The rental of any such equipment, —
machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.5.5, Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the -
performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by OWNER in
accordance with paragraph 5.9), provided they
have resulted from causes other than the
negligence of CONTRACTOR, any
Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of OWNER. No such losses, damages
and expenses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTOR's fee. If, however, any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams,
long distance telephone calls, telephone service at
the site, expressage and similar petty cash items in
connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or
specifically covered by paragraph 11.4.4--all of which
are to be considered administrative costs covered by the
CONTRACTOR's fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR' office at
the site.
11.5.3. Any part of CONTRACTOR' capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/CITY OF FORT COLLINS MODIFICATIONS (REV 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
CONTRACTORS 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
the next !ewer tief SubeetitFaettir-, to be negotiated
in good faith with the OWNER but not to exceed
five uercent of the amount paid 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. CONTRACTORS costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted.
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 CONTRACTORS overhead and profit for
each separately identified item.
11.9.3.OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article I 1 if
1 t.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;
26 EICDCGENERAL CONDITIONS 1910-8(1990Edition)
w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
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,
11.9.3.4. CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or change quantities at OWNER'S sole
discretion without affecting the Contract Price of
any remaining item so long as the deletion or
addition does not exceed twenty-five percent of
the original total Contract Price.
ARTICLE 12—CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the patty 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 claimants 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.L 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
for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections.
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
13.4.1. for inspections, tests or approvals covered
by paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 ENGINEEWs 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 fumish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to stop the Work shall not give 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 dear two years after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNERS written
instructions: (i) correct such defective Work, or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (ii)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom.
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and 'replaced, and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR.
13.12.2.In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to inn from an
earlier date if so provided in the Specifications or by
Written Amendment.
13.12.3. Where defective Work (and damage to other
FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Work resulting therefrom) has been corrected,
removed or replaced under this paragraph 13.12, the
correction period hereunder with respect to such Work
will be extended for an additional period of ene year
two Yeats 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
ENGINEEWs 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-
0 HWER 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 CONTRACTORS 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, OWNERS
representatives, agents and employees, OWNERs other
contractors and ENGINEER and ENGINEERS
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph. All
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 involvine an escrow or
custodianship By executingthe he 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 Applicationsfor 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 4/2000)
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
executed (in a manner that a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an
authorized representative provided he can prove his identity and authority
at any time prior to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the
receipt of Bids provided that they are then fully in conformance with these
Instructions to Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non -responsive) read aloud
publicly as indicated in the Invitation to Bid. An abstract of the amounts
of the Base Bids and major alternates (if any) will be made available after
the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the
Bid Opening, but OWNER may, in his sole discretion, release any Bid and
return the Bid Security prior to that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any
and all informalities not involving price, time or changes in the Work, to
negotiate contract terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive, unbalanced or conditional Bids.
Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER
believes that it would not be in the best interest of the Project to make
an award to that Bidder, whether because the Bid is not responsive or the
Bidder is unqualified or of doubtful financial ability or fails to meet any
other pertinent standard or criteria established by OWNER. Discrepancies
between the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the
Bidders, whether or not the Bids comply with the prescribed requirements,
and such alternates, unit prices and other data, as may be requested in the
Bid Form or prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of
Subcontractors, Suppliers, and other persons and organizations proposed for
those portions of the Work as to which the identity of Subcontractors,
Suppliers, and other persons and organizations is submitted as requested by
OWNER. OWNER also may consider the operating costs, maintenance
requirements, performance data and guarantees of major items of materials
and equipment proposed for incorporation in the Work when such data is
12/03 Section 00100 Page 6
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 andpromptly 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)
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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
OWNEWs 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:
1410. Use by OWNER at OWNER's option of any
substantially completed part of the Work, which: (i) has
specifically been identifiedinthe Contract Documents, or
(ii) OWNER, ENGINEERandCONTRACTOR 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.I.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 partl 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
EICDC 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 Proiect 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 cotTections and
resubmit the Application. Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate form and substance and
with ENGINEER's recommendation and notice of
acceptability, the amount recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subject to 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 I I 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);
152.2. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents;
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
E1CDC GENERAL CONDITIONS 1910-5 (1990 Edition)
32 w/CITY OF FORT COLIdNS 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 actor 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 terns 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 1 I and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph.
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in Exhibit GC -A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12, OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17—MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the firm, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the notice.
17.2. Computation of Time:
17.2.L When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from the computation.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17.3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose.Cumulative Remedies:
17.4. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14,
14.3 and 15.2 and all of the rights and remedies available
to OWNER and ENGINEER thereunder, are in addition
to, and are not to be construed in any way as a limitation
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:
17.6.1. Colorado Revised Statutes (CRS 8-17-101)
require that Color -ado labor be employed to perform
the Work to the extent of not less than 80 percent
(80%) of each type or class of labor in the several
classifications of skilled and common labor employed
on the project. Colorado labor means any person who
is a bona fide resident of the State of Colorado at the
time of employment, without discrimination as to race,
color, creed, age, religion or sex.
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
34 FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
wl 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 1910-9 (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
36 FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General
Conditions of the Construction Contract (EJCDC General Conditions
1910-8, 1990 edition with City of Fort Collins modifications) and
other provisions of the Contract Documents as indicated below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as
follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have
limits of $1,000,000 combined single limits (CSL). This policy
will include coverage for Explosion, Collapse, and Underground
coverage unless waived by the Owner.
5.4.6The Comprehensive Automobile Liability Insurance policy will
have limits of $1,000,000 combined single limits (CSL).
5.4.9This policy will include completed operations
coverage/product liability coverage with limits of $1,000,000
combined single limits (CSL).
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
9/99
required to be submitted prior to the Notice of Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed
Subcontractors, Suppliers and other persons and organizations to do the
Work in accordance with the Contract Documents to OWNER's satisfaction
within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest
responsive and responsible Bidder whose evaluation by OWNER indicates to
OWNER that the award will be in the best interest of the OWNER. Award
shall be made on the evaluated lowest base bid excluding alternates. The
basis for award shall be the lowest Bid total for the Schedule or, in the
case of more than one schedule, for sum of all schedules. Only one
contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful
Bidder a Notice of Award within forty-five (45) days after the date of the
Bid opening.
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder
delivers the executed Agreement to the OWNER, it shall be accompanied by
the required Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the
Agreement with all other written Contract Documents attached. Within
fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the
required number of counterparts of the Agreement and attached documents to
OWNER with the required Bonds. Within ten (10) days thereafter, OWNER
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.
12/03 Section 00100 Page 7
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: WEST ELIZABETH BIKE LANE IMPROVEMENTS; BID NO. 5850
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER 0.00
TOTAL PENDING CHANGE ORDER 0.00
TOTAL THIS CHANGE ORDER 0.00
TOTAL o OF THIS CHANGE ORDER
TOTAL C.O.o OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST $ 0.00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY:
Project Manager
REVIEWED BY:
Title:
APPROVED BY:
Title:
DATE:
DATE:
DATE:
APPROVED BY: DATE:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
9/99 Section 00950 Page 1
Section 00960
Application for Payment
Insert pages 1 - 4
9/99
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CITY OF FORT COLLINS, COLORADO
CONTRACT DOCUMENTS
FOR
WEST ELIZABETH BIKE LANE IMPROVEMENTS
CITY OF FORT COLLINS
Fort Collins, Colorado
COLORADO DEPARTMENT OF TRANSPORTATION
FEDERAL AND PROJECT NO. AQC M455-060
PROJECT CODE 14076
INDEX OF PROJECT SPECIFICATIONS
PART 1 City of Fort Collins Contract Documents
PART 2 City of Fort Collins General Requirements
PART 3 Project Special Provisions
PART 4 CDOT Standard Special Provisions
Prepared by
SEAR -BROWN
209 South Meldrum
Fort Collins, Colorado 80521
970-482-5922
COLORADO DEPARTMENT OF TRANSPORTATION
CERTIFICATION OF EEO COMPLIANCE
Instructions: Bidders and subcontractors must complete and submit this form with bid proposals for federally funded contracts
greater than $10,000. This is required by the Equal Employment Opportunity Regulations [41 CFR 60-1.7(b) (1)]. The regulation
also requires that if you have participated in a previous contract or subcontract and have not filed a Standard Form 100 (EEO-
1), you cannot be awarded this contract You may file a report covering the delinquent period for consideration by the Federal
Highway Administration or the Director of the Office of Federal Contract Compliance, U.S. Department of Labor.
The Standard Form 100 (EEO-1) may be requested from the:
Joint Reporting Committee
P.O. Box 779
Norfolk, VA 23501
(757) 461-1213
1. ❑ Yes ❑ No I have developed and have on file at each establishment an affirmative action program as
required by 41 CFR Chapter 60, Part 60-2.
2. ❑ Yes ❑ No I have participated in a previous contract/subcontract subject to the equal opportunity
clause.
3. ❑ Yes ❑ No I have filed with the Joint Reporting Committee, the Director, or the Equal Employment
Opportunity Commission all reports due under the applicable filing requirements.
I declare under penalty of perjury in the second degree and any other applicable state or federal laws, that the state-
ments made in this document are true and complete to the best of my knowledge.
Company
dy:
Title:
❑ bidder ❑ proposed subcontractor
Date:
95 CDOT Form 8347 11IN4
COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACTORS PERFORMANCE CAPABILITY STATEMENT
1. List names of partnerships or joint ventures 0 none
2. 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 0 none
c. Fiscal capability changes (legal actions, etc.) 0 none
d. Other changes that may effect the contractors ability to perform work. 0 none
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 CORRECT TO THE
BEST OF MY KNOWLEDGE
Contractor's firm or company name
By
Date
Title
2nd Contractors firm or company name Qf joint venture)
By
Date
Title
104
COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO.
ANTI -COLLUSION AFFIDAVIT LOGATwN
I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this
bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on
his or her behalf and on behalf of my firm.
I further attest that:
1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or
agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder
or potential prime bidder.
2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or
potential prime bidder on this project, and will not be so disclosed prior to bid opening.
23. Neither the prices nor the amount of the bid Of any other firm or person who is a bidder or potential prime bidder on
this project have been disclosed to me or my firm.
3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-
competitive bid or other form of complementary bid.
3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder
on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project.
4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or
discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom-
petitive or other form of complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or
services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person,
whether in connection with this or any other project, in consideration for an agreement or promise by any firm or
person to refrain from bidding or to submit any intentionally high, noncompetitive or other forth 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 firth or person, and has not been promised or paid cash or anything of value by any firth or person,
whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high,
noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project.
7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities
relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of
them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or
other conduct inconsistent with any of the statements and representations made in this affidavit.
8. 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent
concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this
contract.
1 DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR
FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST
OF MY KNOWLEDGE.
Comractoes firm or company name I By I Date
TAIe
By
TAIe
Sworn to before me this day of, 19
Ndary PuNic
My commission expires
NOTE: This document must be signed in ink.
105 CDOT Form tlfi66 AM3
22.0 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid
assures the Bidder's compliance with the City's purchasing restrictions. A
copy of the resolutions are available for review in the Purchasing and Risk -'
Management Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires
that suppliers and producers of cement or products containing cement
to certify that the cement was not made in cement kilns that burn
.hazardous waste as a fuel.
23.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham
Bid will be rejected and reported to authorities as such. Your authorized
signature of this Bid assures that such Bid is genuine and is not a
collusive or sham Bid.
24.0 BID RESULTS.
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
12/03 Section 00100 Page 8
COLORADO DEPARTMENT OF TRANSPORTATION
ASSIGNMENT OF ANTITRUST CLAIMS
PROJECT NO.
Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice
antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this
contract and for receiving payments hereunder:
1. Contractor hereby irrevocably assigns to CDOT 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 CDOT hereunder, Contractor shall immediately
advise in writing:
(1) Such third party that the antitrust claim has been assigned to CDOT, and
(2) CDOT that such civil action is pending and of the date on which, in accordance with subparagraph
a. (1) above, Contractor notified 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 CDOT its proper share of any payment under an antitrust claim brought on
Contractor's behalf by any third party and which claim has been assigned to CDOT 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 CDOT (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 subcontractor's behalf
asserting an antitrust claim which has been assigned to CDOT hereunder, shall immediately advise in
writing:
(1) Such third party that the antitrust claim has been assigned to CDOT, and
(2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with
subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had
been assigned to CDOT;
c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to
CDOT hereunder; and
d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the
subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT
pursuant hereto.
I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of
antitrust claims.
or company name
Title
or company name. (it joint venture.)
Date
Date
CDOT Form #621 12
COLORADO DEPARTMENT OF TRANSPORTATION Project #
UNDERUTILIZED DBE BID Location
CONDITIONS ASSURANCE
Instructions: Contractor - complete ana suomlt tnls corm wlin your uia. rteport Un1y U1weluuuccu uoIZ kUUUc) PalUWNa
tion which qualifies under the contract goal specification for this project.
POLICY
It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have
maximum opportunity to participate in the performance of contracts financed with federal, state or local entity funds.
INTENDED UNDERUTILIZED DBE PARTICIPATION
1) Will your company's intended Underutilized DBE (UDBE) participation meet contract goals? ❑ yes ❑ no
Meets contract goals
2) Total Underutilized DBE (UDBE) participation: % ❑ yes ❑ no
3) List the UDBE firms you will use for your intended UDBE participation
Name of UDBE firm(s) Certification Intended item(s)
expiration date of work
I understand that, if my company is determined to be the low bidder for the contract on this product, I must submit a
completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION to the Transportation
Department by 4:00 pm the day after the bids are opened. In addition, if my company does not meet the intended
contract goals, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before
the above stated deadline.
I understand my obligation to abide by the policy stated above. I shall not discriminate on the basis of race, color, age,
sex, national origin, or handicap in the bidding process or the performance of contracts.
I DECLARE UNDER PENALITY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE
STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE
TO THE BEST OF MY KNOWLEDGE.
Company name
Date
Company officer signature 108
Title
Previous editions are obsolete and may not be used CDOT Form #714a 6/01
COLORADO DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF PROPOSED
UNDERUTILIZED DBE PARTICIPATION Proiectcode
ContractorA . 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
Subcontractor name Certification#
Expiration date
s of work subcontracted
F
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)
A>
B) What is the total dollar value of proposed subcontracts that are applicable toward contract goals from
prior sheets?
B>
C) What is the accumulative value of proposed subcontracts that are applicable towards contract goals?
C>
D) What is the orginal contract bid total?
D>
E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs?
E>
A + B = C (C=D) x 100 =E
Contractor certification
ify 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 subcontractor's failure to perform under a fully executed subcon-
tract, unless my company complies with the definitions and requirements section of the DBE Special Provisions.
• 1 understand that failure to comply with the information shown on this forth will be considered grounds for contract termination.
1 declare under penalty of perjury in the second degree, and any other applicable state or federal laws, that the statements made on this
document are true and complete to the best of my knowledge. _
contractor name
signature and title
o....e ate. m.r Previous editions are obsolete and may
copy - Regan EEO representative copy - COntractor
109
COLORADO DEPARTMENT OF TRANSPORTATION LL07wol
UNDERUTILIZED DBE GOOD FAITH EFFORT
DOCUMENTATION
Date
The Contractor who is the apparent low bidder on a CDOT construction project and has failed to meet the Underutilized DBE (L
contract goals shall use this form to document good faith efforts made to date by said Contractor to attempt to meet these goals.
FAILURE TO FULLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID.
Each portion of this form is to be addressed in the space provided, or on supplemental sheets. Attach supporting documentation as
required. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal
Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303-757-9019) with an
original copy to follow. An extension may be granted by the DBE Liaison. Solely at its discretion, CDOT may request additional
information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts.
I. List sufficient bid items (including portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the
established UDBE participation goat. Indicate the total percentage of work identified for UDBE participation. The total percentage of
subcontract items identified for UDBE participation must equal or exceed the percentage goal established by COOT.
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, including topic of 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 adders. 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 COOT Fonn #718 3M
Ill. 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 bads 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 lowerr 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 UNDERSTANDSTHAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE I
GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT.
Company Signature
Title
FAX
ill
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
March 31, 2004
GENERAL REQUIREMENTS INDEX
SECTION
01010 Summary of Work
01040 Coordination
01310 Construction Schedules
01330 Survey Data
01340 Shop Drawings
01410 Testing
01510 Temporary Utilities
01560 Temporary Controls
01700 Contract Closeout
01800 Method of Measurement and Basis of Payment
PAGE NUMBERS
General Requirements 1-3
General Requirements 4-5
General Requirements 6-7
General Requirements 8
General Requirements 9-11
General Requirements 12-13
General Requirements 14
General Requirements 15-16
General Requirements 17
General Requirements 18
SECTION 01010
SUMMARY OF WORK
1.1 DESCRIPTION OF WORK
A. This work shall consist of clearing and grubbing, asphalt and concrete removal, asphalt patching, curb & gutter
construction, curb ramp construction, earthwork, manhole and valve box adjustments, and construction traffic
control on West Elizabeth Street in the City of Fort Collins.
B. Protection and Restoration.
1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore
all areas disturbed to match surrounding surface conditions. Also see tree protection standards.
C. Construction Hours
1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday,
unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance
with Section 1560.
2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the
Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover
the Owner=s costs in providing field engineering and/or inspection services because of such work. The cost for
field engineering and inspection shall be $50.00 per hour.
1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES
A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when
prosecution of the Work may affect them.
B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to
temporarily deny access or services.
C. Contact utilities at least 48 hours prior excavating near underground utilities.
D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of
work schedule and any items which would affect their daily operation.
E. Rick Richter and/or Erika Keeton will be the ENGINEER (Project Engineer/Manager).
Rick Richter 970.221.6798 Mobile/Pager 970.222.1132
Erika Keeton 970.221.6605 Mobile/Pager 970.222.0787
F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's
convenience.
General Requirements - Page l of 18
UTILITIES
Known utilities within the limits of this project are:
Xcel Energy Randy Blank (970)225-7847 Fort Collins, CO
(Gas)
Qwest Comm. Rich Stiverson
(Telephone)
City of Ft Collins Meter Shop
(Water)
City of Ft Collins
(Sanitary Sewer)
City of Ft Collins
(Electric)
City of Ft Collins
(Storm Sewer)
City of Ft Collins Traffic Operations
(Signals/Lights)
Comcast
(TV Cable)
(970)377-6403 Fort Collins, CO
(970)221-6759 Fort Collins, CO
(970)221-6700 Fort Collins, CO
(970)221-6700 Fort Collins, CO
(970)221-6700 Fort Collins, CO
(970)221-6608 Fort Collins, CO
(970)493-7400 Fort Collins, CO
The work described in these plans and specifications may require coordination between the Contractor and the utility
companies in accordance with subsection 105.06 in conducting their respective operations as necessary.
The Contractor will be required to provide traffic control for any utility work expected to be coordinated with
construction, as directed by the Engineer.
The following work shalt be performed by the Contractor:
Adjust sewer manholes, curb stops, and water valves for the City of Fort Collins as shown in the plans
The following work shall be performed by the Utility Companies:
Comcast shall adjust pedestals as shown in the plans.
The City of Fort Collins shall adjust water meters, fire hydrants, electric pedestals, signal and light poles, traffic
controller cabinet, and traffic signal as shown in the plans.
Qwest shall adjust pedestals as shown in the plans.
Utility General:
The Contractor shall comply with Article L5 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. (303)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 utility facilities as shown on the plan and profile sheets, and herein described, were obtained from the
best available information. All costs incidental to the foregoing requirements will not be paid for separately but shall
be included in the work.
General Requirements - Page 2 of 18
AGENCIES
Safety:
Occupational Safety and Health Administration
(OSHA): 844-3061
Fire:
Poudre Fire Authority
Non -Emergency: 221-65 81
Emergency: 911
Police:
City of Fort Collins Police Department
Non -Emergency: 221-6550
Emergency: 911
Postmaster:
US Postal Service: 225-4111
Transportation:
Transfort: 221-6620
Traffic Engineering: 221-6608
END OF SECTION
Latimer County Sheriffs Department:
Non -Emergency: 221-7177
Ambulance:
Poudre Valley Hospital
Non -Emergency: 484-1227
Emergency: 911
General Requirements - Page 3 of 18
SECTION 01040
COORDINATION
1.1 GENERAL CONTRACTOR RESPONSIBILITIES
A. Coordinate operations under contract in a manner, which will facilitate progress of the Work. The Contractor
shall also coordinate with the Contractor that will be placing concrete sidewalk and site furnishing under City of
Fort Collins "West Elizabeth Streetscape Improvements" project whose Work is separate from the General
Contractors contract.
B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner
of performance of operations which affect the service of such utilities, agencies, or public safety.
C. Coordinate operations under contract with utility work to allow for efficient completion of the Work.
D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to
provide satisfactory access at all times and keep them informed at all times.
1.2 CONFERENCES
A. A Preconstruction Conference will be held prior to the start of construction.
1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic
Control Supervisor assigned to the project.
2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project.
3. The Engineer shall invite all utility companies involved.
4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated
schedules.
5. The Engineer shall introduce the project Representatives.
Additional project coordination conferences will be held prior to start of construction for coordination of the Work,
refining project schedules, and utility coordination.
C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or
is affected by, the work of others.
1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer.
1.3 PROGRESS MEETINGS
A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly
and at other times as requested by the Engineer or required by the progress of the Work.
B. Attendance shall include:
1. Contractor and Superintendent.
2. Owner's Representatives.
3. Engineer and Resident Project Representative.
4. Traffic Control Supervisor
5. Others as may be requested by Contractor, Engineer or Owner.
General Requirements - Page 4 of 18
SECTION 00300
BID FORM
C. Minimum agenda shall include:
1. Review of work progress since last meeting.
2. Identification and discussion of problems affecting progress.
3. Review of any pending change orders.
4. Revision of Construction Schedule as appropriate.
D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets
shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the
monthly progress estimates. This process ensures accurate monthly project pay estimates.
END OF SECTION
General Requirements - Page 5 of 18
SECTION 01310
CONSTRUCTION SCHEDULES
1.1 GENERAL
A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of
tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor
intends to meet the milestones set forth.
1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of
delivery of equipment and materials.
1.2 FORMAT AND SUBMISSIONS
A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual
progress.
B. Submit two copies of each schedule to Owner for review.
1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work
with the needs of Owner or others.
C. The schedule must show how the street, landscaping and various utility work will be coordinated.
1.3 CONTENT
A. Construction Progress Schedule.
1. Show the complete work sequence of construction by activity and location.
2. Show changes to traffic control.
3. Show project milestones
B. Report of delivery of equipment and materials.
1. Show delivery status of critical and major items of equipment and materials.
2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for
equipment and materials, reference Section 01340.
1.4 PROGRESS REVISIONS
A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when
requested by Owner or Engineer, and with each application for progress payment.
B. Show changes occurring since previous submission.
1. Actual progress of each item to date.
2. Revised projections of progress and completion.
C. Provide a narrative report as needed to define:
1. Anticipated problems, recommended actions, and their effects on the schedule.
2. The effect of changes on schedules of others.
General Requirements - Page 6 of 18
1.5 OWNER'S RESPONSIBILITY
A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor
in coordinating the Work with the needs of the Project.
B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques,
sequences and procedures of construction as provided in the General Conditions.
END OF SECTION
General Requirements - Page 7 of 18
SECTION 01330
SURVEY DATA
1.1 SURVEY REQUIREMENTS
A. The Owner will provide the construction surveying for the street and landscaping improvements. City Survey Crews
will perform the surveying required.
B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing
surveying.
C. If the requested surveying cannot be. accomplished in the time frame requested by the Contractor, the survey
personnel shall notify the Contractor with the date on which the requested work will be completed.
D. Should a sudden change in the Contractors operations or schedule require the survey personnel to work overtime,
the Contractor shall pay the additional overtime expense.
E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey
monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough
time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re -staking
construction stakes and for the cost of re-establishing a destroyed monument.
The Contractor shall be responsible for transferring the information from the construction stakes to any necessary
forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance
with the information on the stakes and grade sheets supplied by the Owner.
END OF SECTION
General Requirements - Page 8 of 18
SECTION 01340
SHOP DRAWINGS
1.1 GENERAL
A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections.
Engineer will not accept Shop Drawings or other submittals from anyone but Contractor.
B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set
forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the
schedule.
C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not
entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of
Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for
review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to
coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or
an increase in Contract Price.
D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication.
E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped
by Contractor and properly marked by Engineer, are at the site and available to workmen.
F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of
the Work.
Review status designations listed on Engineer's submittal review stamp are defined as follows:
1. NO EXCEPTION TAKEN
Signifies material or equipment represented by the submittal conforms with the design concept, complies with
the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is
to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be
transmitted for final distribution.
2. REVISE AS NOTED
Signifies material or equipment represented by the submittal conforms with the design concept, complies with
the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance
with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and
is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter
of transmittal.
3. REJECTED
Signifies material or equipment represented by the submittal does not conform with the design concept or
comply with the information given in the Contract Documents and is not acceptable for use in the Work.
Contractor is to submit submittals responsive to the Contract Documents.
General Requirements -Page 9 of t8
4. FOR REFERENCE ONLY
Signifies submittals which are for supplementary information only; pamphlets, general information sheets;
catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design,
operation, or maintenance, but which by their nature do not constitute a basis for determining that items
represented thereby conform with the design concept or comply with the information given in the Contract
Documents. Engineer reviews such submittals for general information but not for substance.
1.2 SHOP DRAWINGS
A. Include the following information as required to define each item proposed to be furnished.
1. Detailed installation drawings showing foundation details, and clearances required for construction.
2. Relation to adjacent or critical features of the Work or materials.
3. Field dimensions, clearly identified as such.
4. Applicable standards, such as ASTM or Federal Specification numbers.
5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance
characteristics and capacities, and other information specified or necessary:
a. For Engineer to determine that the materials and equipment conform with the design concept and comply
with the intent of the Contract Documents.
b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will
review for general information but not for substance.
c. For Engineer to determine what supports, anchorages, structural details, connections and services are
required for materials and equipment, and the effect on contiguous or related structures, materials and
equipment.
6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable
Engineer to review the information effectively.
B. Manufacturer's standard drawings, schematics and diagrams:
1. Delete information not applicable to the Work.
2. Supplement standard information to provide information specifically applicable to the Work.
C. Format.
1. Present in a clear and thorough manner.
2. Minimum sheet size: 8 2" x I 1".
3. Clearly mark each copy to identify pertinent products and models.
4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly
which parts of the drawing apply to the equipment being furnished.
5. Individually annotate catalog sheets to identify applicable items.
6. Reproduction or copies of portions of Contract Documents:
a. Not acceptable as complete fabrication or erection drawings.
b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail
drawings.
7. Clearly identify the following:
a. Date of submission.
b. Project title and number.
c. Names of Contractor, Supplier and Manufacturer.
d. Specification section number, specification article number for which items apply, intended use of item in the
work, and equipment designation.
e. Identify details by reference to sheet, detail, schedule or room numbers shown in the Contract Documents.
f. Deviations from Contract Documents.
g. Revisions on re -submittals.
General Requirements -Page t0 of 18
h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field
measurements and field construction criteria, and coordination of the information within the submittal with
requirements of the Work and the Contract Documents.
1.3 SUBMISSION REQUIREMENTS
A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the
Work or in the work of any other contractor.
B. Minimum number required:
1. Shop Drawings.
a. Three (3) copies minimum, two (2) copies which will be retained by Engineer.
1.4 RE -SUBMISSION REQUIREMENTS
A. Make corrections or changes required by Engineer and resubmit until accepted.
B. In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents.
C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions.
D. Shop Drawings.
Include additional drawings that may be required to show essential details of any changes proposed by Contractor
along with required wiring and piping layouts.
END OF SECTION
General Requirements - Page I 1 of 18
SECTION 01410
TESTING
1.1 GENERAL
A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and
forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have
been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use
after approval hereof shall not be incorporated into the work.
B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish
the required samples without charge and give sufficient notice of the placing of orders to permit the testing.
Products may be sampled either prior to shipment or after being received at the site of the work.
C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided,
sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with
the latest standards and tentative methods of the American Society for Testing Materials (ASTM).
D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such
information is included under the applicable sections of the Specifications. Any modification of, or elaboration on,
these test procedures which may be included for specific materials under their respective sections in the
Specifications shall take precedence over these procedures.
1.2 OWNER'S RESPONSIBILITIES
A. Owner shall be responsible for and shall pay all costs in connection with testing for the following:
I. Soil tests, except those called for under Submittals thereof.
2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner.
3. Concrete test, except those called for under Submittals thereof.
1.3 CONTRACTOR'S RESPONSIBILITIES
A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible
for and shall pay all costs in connection with testing required for the following:
L All performance and field testing specifically called for by the specifications.
2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above.
3. All minimum call out charges or standby time charges from the tester due to the Contractor's failure to pave,
pour, or fill on schedule for any reason except by action of the Engineer.
B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing.
1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM
A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items
of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project.
This control shall be established for all construction except where the Contract Documents provide for specific
compliance tests by testing laboratories or engineers employed by the Owner. The Contractor=s control system shall
specifically include all testing required by the various sections of these Specifications.
General Requirements -Page 12 of 18
Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the
Work. The Superintendent shall have adequate experience to perform the duties of Superintendent.
C. Contractor's quality control system is the means by which he assures himself that his construction complies with the
requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should
be keyed to the proposed construction schedule.
D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions
received from the Engineer and actions taken as a result of those instructions. These records shall include evidence
that the required inspections or tests have been performed (including type and number of inspections or test, nature
of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document
inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly.
END OF SECTION
General Requirements - Page 13 of 18
SECTION 01510
TEMPORARY UTILITIES
1.1 UTILITIES
A. Furnish all utilities necessary for construction.
B. Make arrangements with Owner as to the amount of water required and time when water will be needed.
1. Meters may be obtained through the Water Utility Meter Shop at 221-6759
2. Unnecessary waste of water will not be tolerated.
C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor.
1.2 SANITARY FACILITIES
A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or
furnishing services on the Project.
B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods.
C. Enforce the use of such sanitary facilities by all personnel at the site.
D. Obscure from public view to the greatest practical extent.
END OF SECTION
General Requirements - Page 14 of 18
SECTION 00300
BID FORM
PROJECT: WEST ELIZABETH BIKE LANE IMPROVEMENTS; BID NO. 5850
Place Fort Collins
Date April 27, 2004
1. In compliance with your Invitation to Bid dated April 5, 2004 ,
and subject to all conditions thereof, the undersigned
G.L. Hoff Company a **(Corporation, �ntitl�abs�it�'omgtestp,
Par*^�-�h�r-daiz-xtate,-o Ala-gepaeto-r� ** 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 5% of bid amount ($
) in accordance with the Invitation To Bid and
Instructions to Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Payment Bond for the amount of the total of this Bid within
fifteen (15) calendar days from the date when the written notice of the
award of the contract is delivered to him at the address given on this Bid.
The name and address of the corporate surety with which the Bidder
proposes to furnish the specified performance and payment bonds is as
follows: Employers Mutual Casualty Company
PO Box 370010, Denver, Co 80237
5. All the various phases of Work enumerated in the Contract Documents with
their individual jobs and overhead, whether specifically mentioned,
included by implication or appurtenant thereto, are to be performed by the
CONTRACTOR under one of the items listed in the Bid Schedule, irrespective
of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or
Bid Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through
7/96 Section 00300 Page 1
SECTION 01560
TEMPORARY CONTROLS
1.1 NOISE CONTROL
A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated
areas.
B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a
manner to cause the least noise consistent with efficient performance of the Work.
C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m.
1.2 DUST CONTROL
A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing.
B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist
with water.
1.3 POLLUTION CONTROL
A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and other substances
resulting from construction activities.
1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site.
2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts.
1.4 EROSION CONTROL
A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities.
Measures in general will include:
a. Control of runoff.
b. Trapping of sediment.
c. Minimizing area and duration of soil exposure.
d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of
banks and beds of watercourses or drainage swales where runoff will be increased due to construction
activities.
B. Preserve natural vegetation to greatest extent possible.
C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion.
D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual.
General Requirements - Page 15 of 18
1.5 TRAFFIC CONTROL
A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of
Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban Area Street
Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall
govern.
1.6 HAUL ROUTES
The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads.
These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements,
and/or pavements whose condition would be significantly damaged by heavy loads.
END OF SECTION
General Requirements - Page 16 of 18
SECTION 01700
CONTRACT CLOSEOUT
1.1 CLEANING AND RESTORATION
A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was
begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities
damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required.
L2 PROJECT RECORD DOCUMENTS
A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings
which accurately indicate all approved variations in the completed work that differ from the design information
shown on the drawings. Further, these drawings should reflect all underground obstacles encountered.
B. These record drawings along with any survey records, photographs and written descriptions of said work as maybe
required by the Engineer shall be submitted prior to project acceptance.
END OF SECTION
General Requirements - Page 17 of 18
SECTION 01800
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
1.1 DEFECTIVE WORK
A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to
a point of acceptance.
1_2 BID PRICE
A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a
pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection
therewith shall be included in the prices bid for the various items of Work.
B. Prices shall include all costs in connection with the proper and successful completion of the Work, including
furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work.
C. Unit prices shall govern over extensions of sums.
D. Unit prices shall not be subject to re -negotiation.
1.3 ESTIMATED QUANTITIES
A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The
basis of payment shall be the actual amount of materials furnished and Work done.
B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any
difference between the amount of Work actually performed and materials actually furnished and the estimated
amount therefor.
END OF SECTION
General Requirements - Page 18 of 18
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
PART 3
COLORADO
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISIONS
West Elizabeth Bike Lane Improvements
Fort Collins, Colorado
March 31, 2004
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
Page
Index Pages
(March 31, 2004)
1
Commencement and Completion of Work
(March 31, 2004)
2
Contract Goal (Combined)
(March 31, 2004)
3
Revision of Section 101-Definition of Terms
(March 31, 2004)
4
Revision of Section 102-Cost Plus Time Bidding
(March 31, 2004)
5
Revision of Section 105-Claims for Contract Adjustment
(March 31, 2004)
6
Revision of Section 105-Cooperation Between Contractors
(March 31, 2004)
7
Revision of Section 105- Inspection of Work
(March 31, 2004)
8
Revision of Section 105-Maintenance During Construction
(March 31, 2004)
9
Revision of Section 107-Insurance
(March 31, 2004)
10
Revision of Section 107-Protection and Restoration
Of Property and Landscape
(March 31, 2004)
11-12
Revision of Section 108-Commencement.and Completion of Work
(March 31, 2004)
13
Revision of Section 201-Clearing and Grubbing
(March 31, 2004)
14
Revision of Section 203-Excavation and Borrow
(March 31, 2004)
15-16
Revision of Section 208-Concrete Washout Structure
(March 24, 2004)
17-18
Revision of Section 208-Erosion Control
(March 31, 2004)
19-20
Revision of Section 212-Seeding, Fertilizing and Sodding
(March 31, 2004)
21
Revision of Section 213-Mulching
(March 31, 2004)
22
Revision of Section 214 Planting
(March 31, 2004)
23-25
Revision of Section 401 Plant Mix Pavements
(March 31, 2004)
26
Revision of Section 403 Hot Bituminous Pavement
(March 31, 2004)
27-31
Revision of Section 603 Reinforced Concrete Pipe (CIP)
(March 31, 2004)
32
Revision of Section 604- Inlets
(March 31, 2004)
33-34
Revision of Section 608-Sidewalks, Curb & Gutter,
Drive Approaches, Aprons, Cross Pans, Concrete Pavement
(March 31, 2004)
35-37
Revision of Section 608-Detectable Warnings
(February 24, 2004)
3840
Revision of Section 613- Lighting
(March 31, 2004)
41-44
Revision of Section 614-Traffic Control Devices
(March 31, 2004)
45-49
Revision of Section 614 and 630-Retroreflective Sign Sheeting
(February 26, 2004)
50
Revision of Section 623-Irrigation
(March 24, 2004)
51-53
Force Account Items
(March 24, 2004)
54
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-W March 31, 2004
PROJECT CODE 14076
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract on or before the 5t1i day following Contract execution or
the 20th day following the date of award, whichever comes later, unless such time for beginning the work is
changed by the Chief Engineer in the 'Notice to Proceed." The Contractor shall complete all work in accordance
with the 'Notice to Proceed."
Salient features to be shown on the Contractor's Progress Schedule are:
1. Earthwork
2. Construction Traffic Control
3. Asphalt Patching
4. Concrete Curb & Gutter
5. Concrete Drives
6. Landscaping
7. Inlets
8. Storm pipe
9. Erosion Control
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.06 shall include the following:
Time will not be charged during the months of December, January, February or March. This time is defined as
free time and work may continue if conditions permit.
A bar chart type schedule will be required in lieu of a CPM type.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 31, 2004
PROJECT CODE 14076
CONTRACT GOAL (COMBINED)
The Department has determined that Underutilized Disadvantaged Business Enterprises (UDBEs) 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:
UDBE& 12.00 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 (UDBEs)
Total dollar amount of the original Contract
* Based on DBE contract unit prices rather than prime contract unit prices.
& All DBEs will be considered to be UDBEs.
NOTE: Specific Good Faith Efforts required to meet the Contract Goal specified above are defined in the
Standard Special Provisions. In addition, the Transportation Commission has determined an overall 10.93%
annual goal for the participation of all DBEs.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 31, 2004
PROJECT CODE 14076
REVISION OF SECTION 101
DEFINITION OF TERMS
Section 101 of the Standard Specifications is hereby revised for this project as follows:
Technical Specifications related to construction materials and methods for the Work embraced under this
Contract shall consist of the "State Department of Highways, Division of Highways, State of Colorado,
Standard Specifications for Road and Bridge Construction" dated 1999.
Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have
different meanings within the scope of this Contract. A summary of the redefinitions follows:
Subsection 101.26: "Department' shall mean the City of Fort Collins
Subsection 101.27: "Chief Engineer" shall mean the City of Fort Collins Project Manager.
Subsection 101.35: "Laboratory" shall mean City of Fort Collins, or designated representative.
Subsection 101.47: "Project Engineer" shall mean the City of Fort Collins Project Manager, or
designated representative.
Subsection 101.68: "State" shall mean City of Fort Collins.
REVISION OF SECTION 102
COST PLUS TIME BIDDING
Section 102 of the Standard Specifications is hereby revised for this project as follows:
Add subsection 102.11 as follows:
102.11 Cost Plus Time Bidding. A special bidding procedure will be used to determine the successful bidder
for this project. This procedure takes into account the price offerings from the bidder and the time the bidder
intends to take to complete the work.
The work will be considered completed when it conforms to the Contract and has been accepted in accordance
with subsection 105.16(b).
(a) Preparation of Proposal. The bidder shall establish the number of calendar days that will be required to
complete the work. The calendar day number shall be included in the bid proposal. This calendar day
number multiplied by the daily cost shall be added to the total amount bid for the work items. The sum of
these two amounts will be used to determine the lowest successful bidder according to the following formula:
A + B X (the daily cost) = Contractor's bid for evaluation of the lowest successful bidder
Where:
A = Contractor's total bid for the work items
B = Number of Calendar days required to complete the work.
Daily cost for this project = $ 3,828.00
The total number of days established by the bidder to complete the work shall not exceed 76 days. Bids
showing time for completion in excess of this amount will be considered non -responsive. All construction
may begin as early as May 17, 2004 and must be substantially complete by August 1, 2004. The
number of calendar days bid must fall within this construction window.
The above formula will be used solely for the purpose of determining the lowest successful bidder and will
have no effect on the actual total bid cost for completing the work.
(b) Early Completion of the Work Incentive. If the Contractor completes the work in less than the total number
of days bid, an incentive will be paid to the Contractor. This incentive (I) will equal the number of calendar
days bid (B) minus the actual number of calendar days required to complete the work (C) multiplied by the
daily cost.
I = (B — C) X (the daily cost)
The maximum incentive is limited to five percent of the Contractor's total bid for the work items (0.05 X A).
(c) Late Completion of the Work Disincentive. If the number of calendar days required to complete the work is
in excess of the total number of calendar days bid, a disincentive will be deducted from payments made to
the Contractor. This disincentive (D) will equal the actual number of calendar days required to complete the
work (C) minus the number of calendar days bid (B) multiplied by the daily cost.
D = (C — B) X (the daily cost)
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 31, 2004
PROJECT CODE 14076
REVISION OF SECTION 105
CLAIMS FOR CONTRACT ADJUSTMENT
Section 105 of the Standard Specifications is hereby revised as follows:
Subsection 105.17 shall include the following:
The Colorado Department of Transportation will not participate in the resolution process for any claims filed by
the Contractor.
Contract claims will follow the appropriate procedures of the City of Fort Collins General Requirements.
G.L. Hoff Company
CONTRACTOR
BY: Gresory L. Hoff
President
ADDRESS: 1815 West 12th Street
Loveland, CO 80537
8. BID SCHEDULE (Base Bid)
Please use the attached Bid Schedule when submitting your bid.
9. PRICES
The foregoing prices shall include all labor, materials, transportation,
shoring, removal, dewatering, overhead, profit, insurance, etc., to cover
the complete Work in place of the several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid
or change quantities at his sole discretion without affecting the Agreement
or prices of any item so long as the deletion or change does not exceed
twenty-five percent (250) of the total Agreement Price.
RESPE FULLY S B
-Y-a 7 Maori y
Signature Date
Pres dent
Title
#B-6
cense Number (If Applicable)
(Seal -- if Bid is by corporation
Attest:
Mir. am T. Hoff, cr to easurer
Address PO Box 744
Loveland, CO 80537
Telephone 970-669-3255
7/96 Section 100300 Page 2
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 31, 2004
PROJECT CODE 14076
REVISION OF SECTION 105
COOPERATION BETWEEN CONTRACTORS
Section 105 of the Standard Specifications is hereby revised as follows:
Subsection 105.07 shall include the following:
Concrete construction and/or reconstruction operations at intersections may involve the destruction and
replacement of traffic signal loop detectors. The existing traffic signal loop detectors shall be removed by the
contractor at no additional cost. New loop detectors may be installed at other intersections where they do not
now exist. New and replacement loop detectors will be installed by the City Traffic Division. The Contractor
shall cooperate with the schedule of this work to insure the timely installation of new loop detectors.
Also, the Contractor shall coordinate with the City Traffic Division to insure that any cleanup required after the
installation of the loop detectors will be completed before concrete placement operations begin.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 105
INSPECTION OF WORK
Section 105 of the Standard Specifications is hereby revised as follows:
Subsection 105.11 shall include the following:
March 31 2004
The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of
required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a
minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring
for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the
Engineer from any responsibility for additional costs or delays caused by such failure.
Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract
as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or
materials may be rejected, notwithstanding that such work or materials have been previously inspected by the
Engineer or that payment therefore has been included in the progress estimate.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 31, 2004
PROJECT CODE 14076
REVISION OF SECTION 105
MAINTENANCE DURING CONSTRUCTION
Section 105 of the Standard Specifications is hereby revised as follows:
Subsection 105.14 shall include the following:
The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be
cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleaned
after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary
manpower and equipment to satisfactorily clean the roadway area.
The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to
clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the
commencement of work.
The Contractor shall maintain the streets during the construction process as prescribed above.
If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the
Contractor sufficient funds to cover the Owner's cost to provide said service.
All cost of maintaining the work during construction and before the project is accepted will not be paid for
separately, but shall be included in the work.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 107
INSURANCE
Section 107 of the Standard Specifications is hereby revised as follows:
Subsection 107.18 shall include the following:
March 31, 2004
For this project all insurance certificates shall name The Colorado Department of Transportation as an
additional insured.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 31, 2004
PROJECT CODE 14076
REVISION OF SECTION 107
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
Section 107 of the Standard Specifications is hereby revised as follows:
Subsection 107.12 shall include the following:
The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans,
details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the
Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such
underground improvements which may be subject to such damage by reason of his operations.
Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer.
If the area to be repaired is five (5) inches or less in width, the Contractor shall clean the area of all debris (i.e.
concrete, road base, etc.) to a minimum depth of four (4) inches, prepare all edges to be clean and vertical, and
place (see below) and compact topsoil. The topsoil shall be compacted utilizing a hand operated roller or other
method approved by the Engineer.
For concrete repair locations, the placement of topsoil (backfill) shall be completed within two (2) working days
of the placement of the concrete.
The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots,
rocks, brush, weeds, heavy clay, hard clods, toxic substances or other material which would be detrimental to
the proper development of vegetative growth. The material to be utilized shall be approved by the Engineer
prior to placement.
The topsoil shall be in a relatively dry state and placed during dry weather. The topsoil shall be fine graded to
eliminate rough and low areas and ensure positive drainage. The existing levels, profiles and contours shall be
maintained.
If any portion of the area to be repaired is greater than five (5) inches in width, the Contractor shall clean and
prepare the area along the entire length of the repair location as stated above to a minimum of one (1) foot,
place sod over the entire area, water once, and notify the property owner in writing of the nature of the work that
has taken place and that the sod will be watered only once.
If the area to be repaired is only damaged on the surface, the Contractor shall remove the damaged areas of sod
to a depth that will allow new sod to be placed, place new sod, water once and notify the property owner in
writing of the nature of the work that has taken place and the fact that the sod will be watered only once. The
minimum overall width of the area to be sodded shall be one (1) foot.
For concrete repair locations, the placement of sod shall be completed by the end of the first working day of the
week following the placement of the concrete.
Sprinkler systems - Sprinkler systems designated for relocation shall be capped off at the limits of construction
and protected from damage by the contractor. Sprinkler heads shall be salvaged and stockpiled on each
property for use when reconstructing the sprinkler systems.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
March 31, 2004
Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be
replaced at the Contractor's expense, within three (3) working days from the date of damage. In areas where the
Engineer directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod
and sprinkler relocation will be provided by the City under separate contract.
All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his
expense unless a written waiver is obtained from the property owner and submitted to the Engineer. Re -sodded
lawns shall be watered once by the Contractor.
All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the
Contractor in connection with the various items of the Work, and no measurement or payment shall be made
separately for the protection and restoration of landscaping and lawns. All restoration of landscaping and lawns
damaged by construction operations, other than concrete repair, shall take place within three (3) working days
from the date of damage.
In areas where the Engineer directs new work or the reconstruction areas require grade adjustment, the
placement of topsoil, sod, and sprinkler relocation will be provided by the City under separate contract.
All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground
facilities shall be considered incidental to the work being done and shall not be measured and paid for
separately.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 31 2004
PROJECT CODE 14076
REVISION OF SECTION 108
COMMENCEMENT AND COMPLETION OF WORK
Section 108.04 of the Standard Specifications is hereby revised as follows:
Access to businesses must be maintained during construction. For businesses that have only one
driveway, the driveway must be placed in two haves to allow access at all times. For businesses
that have two or more driveway accesses, the driveways must be removed, replaced and reopened
to traffic within four working days
Subsection 108.07 shall include the following:
If the above requirements are not met, at the City's option, liquidated damages in the amount of
$500.00 per day may be retained from any monies due the Contractor, or the City may retain an
additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred
above and beyond the bid prices of the Contractor from any monies_ due the Contractor in lieu of
liquidated damages.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 201
CLEARING AND GRUBBING
Section 201 of the Standard Specifications is hereby revised as follows:
Subsection 201.03 shall be amended to include the following:
March 31, 2004
When any tree roots are encountered during construction operations, the Contractor shall notify the Engineer
prior to any root removals. The Engineer and the City Forester's representative shall then make a determination
regarding removal.
Tree roots shall be removed with a sharpened, sanitized saw, cut orthogonally to its longitudinal axis as closely
as practical, to leave the freshly cut root surface in a clean and smooth condition. Axes, or other blunt objects
shall not be used to cut tree roots.
Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contractor to prevent
any damage to the roots with tools or equipment.
All costs for removing tree roots shall be considered a subsidiary obligation of the Contractor in connection
with the various items of the Work, and no measurement or payment shall be made separately for the removal of
tree roots.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 203
EXCAVATION AND BORROW
Section 203 of the Standard Specifications is hereby revised as follows:
Subsection 203.01 is revised to include the following:
March 31, 2004
This work shall consist of removing and disposing of the existing pavement, base or other material, preparing
the subgrade for the subsequent course, and placing borrow in accordance with the specifications and in
reasonably close conformity with the lines, grades, and typical cross sections shown on the plans or as
designated by the Engineer. All excavation will be classified, "General Excavation", "Muck Excavation", as
hereafter described. The Contractor shall dispose of all excavated material.
Subsection 203.05 is revised to include the following:
(a) General Excavation shall consist of the excavation of all materials of whatever character required for
the work not being removed under some other item.
(b) Muck Excavation shall consist of the removal of unstable soils unsuitable for construction not being
removed under some other item.
Subsection 203.07 is revised to include the following:
Borrow material shall meet the grading requirement for Class 1 (Pit Run) or Class 5 (Road Base) Aggregate
Base Course. (The Class 1 Aggregate Base Course need not be crushed and can be of the pit run variety
provided it falls within the gradation requirements as shown in the Standard Specifications.) The material
required for a specific location shall be directed by the Engineer
Subsection 203.09 is revised to include the following:
The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have
been placed.
The excavation will be accomplished in the following manner:
General Excavation:
The pavement areas to be removed will be marked on the surface by the Engineer with paint. A
straight vertical cut shall be made through the pavement to provide a square or rectangular opening,
such that each edge will be parallel or at right angles to the direction of traffic. Wheel cutting shall not
be allowed.
If, in the opinion of the Engineer, the subgrade material is unsuitable, it shall be removed to the limits
and depths designated.
After the material has been removed to the depth specified by the Engineer, the Contractor shall
prepare the subgrade by compacting with a sheepsfoot roller, rubber tired roller and/or other
compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured
and paid for separately, but shall be included in the contract unit price for General Excavation.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
Muck Excavation:
Borrow:
March 31, 2004
Where excavation to the finished grade section (including General Excavation and Patching) results in
a subgrade of unsuitable soil, the Engineer may require the Contractor to remove the unsuitable
materials and backfitl to the finished grade section with approved material (asphalt or borrow).
After the material has been removed to the depth specified by the Engineer, the Contractor shall
prepare the subgrade with a sheepsfoot roller, rubber tired roller, vibratory plate, steel drum roller,
and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not
be measured and paid for separately but shall be included in the contract unit price for Muck
Excavation.
Borrow shall be placed as directed by the Engineer. The minimum amount of borrow shall be one load
(approximately ten (10) ton). The cost for compaction shall be included in the Contract Unit Price for
Borrow.
Subsection 203.17 shall include the following:
The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further
work continues. Should the Contractor fail to request the Engineer to measure any work and perform other
work that would prevent the Engineer from measuring pay quantities, the Contractor shall not be compensated
for materials not measured by the Engineer.
The accepted quantities of Excavation will be paid for at the contract unit price per cubic yard. Subgrade
preparation, haul and disposal will not be measured and paid for separately.
The accepted quantities of Borrow will be paid for at the contract unit price per ton. Compaction and haul will
not be measured and paid for separately.
Subsection 203.18 shall include the following:
Payment will be made under:
PAY ITEM
203 Excavation
UNIT
Cubic Yard
203 Borrow Ton
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in Excavation and Borrow including haul, stockpiling, placing material,
watering or drying soil, compaction, proof rolling, finish grading and disposal of unusable materials, as shown on the
plans, as specified in these specifications, and as directed by the Engineer.
BID SCHEDULE- REVISED
BID #5850 WEST ELIZABETH BIKE LANE IMPROVEMENTS
Item No.
201
202
Description
CLEARING AND GRUBBIN
REMOVAL OF CURB AND GUTTER
REMOVAL OF ASPHALT PAVEMENT'
Unit
LS
LF
Contract
mind
1.0
2•
Cost
Unit Cost Total
202
202
REMOVAL FCONCRETEPAVEMENT
SY
2279.
202
REMOVAL OF PIPE
REMOVAL OF GROUND SIGN
REMOVAL OF STORM INLET
3AWCIITASPHALT MAT
SY
LF
EACH
EACH
LF
CY
TON
IIOVR
132L
li.
6.0
7'
521L
443.0
423.0
/0.0
1.50
a
S
S
S
$
S
202
202
202
203
EXCAVATION
BORROW
G
203
203
207
ING
207
IM PORT
SF
11037.0
S
. 208
NLET FILTERS
NUS
CY
122.0
$
208
ONTROL
EACH
8.0
208
210
210
E WASHOU FSTRUCTURE
ANHOLE
ATER VALVE BOX
SEED
SOIL PREPARATION
WOOD MULCH
RECONDITIONING
HOT BITUMINOUS PAVEMENT PATCHING ASPHAL
ASPHALT SHIEWALK
12 IN RCP CIP
LS
LO
EACH
EACH
EACH
SF
SF
SF
SY
TON
TON
LF
LF
LF
EACH
EACH
EACH
SY
SY
I.0
3.0
g,0
8842.0
11037•
21910
192LO
2%
231
It.
7•
IL
2.000
3.0
y
1.0
107.
59.
S
S
S
S
S
S ,
S
$
S
S
212
212
213
306
40J
403
603
603
151NRCP CI
603
18IN RCP CI
604
INLET-1 R 5 FOOT) MODIFIED RADIAL
604
INLET TYPE R 5 FOOT)EACH
604
INLET TYPE 13 COMBINATION S FOO
604
INLET TYPE ID COMBINATION 10 FOO MODIFIED
608
CONCRETES CURB RAMP
608
CONCRETECROSSPAN
608
CONCRETE APRON
609
CURB AND GUTTER TYPE 2 SPECIAL 7' PAN
LF
LF
LF
237.
223T.0
286.
S
S
609
CURB AND GUTTER TYPE 2 SECTION H-B
609
6" MOUNTABLE CURB
61D
613
61J
626
MEDIAN COVER MATERIAL
JUNCTION BOXES LABOR ONLY
ELECTRICAL CONDUIT LABOR ONLY
MOBILIZATION
LF
802.0
S
SF
EACH
LF
18.0
40.
2940.0
S •
$
$
0
0
0
630
630
F/A
TRAFFIC CONTROL SIZE A SPECIALTY SIGNS
TRAFFIC CONTROL
ON -THE JOB TRAINING
LS
EACH
LS
F/A
F/A
1.
25.0
1•
0.0
010
G
DD
S
S •O
.00
S
$
F/A
OJT COLORADO TRAINING PROGRAM
F/A
MCR
F/A
S , 0 .
Total Base Construction Cost
E �J
E
Jj --�-
Dollarsan
Cents.
SigncI Address 1815 W. 12 t h S t.
Company G.L. H f Co a Loveland, CO 80537
Check One: PhondFax 970-669-3255, 663-15(
Individual Doing Business in Company Name
Corporation
Pannershi
T e sum of I we two amounts wl used to elerrrrme t e lower. success I n actor ng tothe ollI all formula: A + B X (thedaily cost) - Contractor's bid for evaluation for the lowest successful bidd,
Where:
A = Conh'ador's total bid for the wm'k items
B = Number of Calendar Days required to substantially complde the Work
Dads Cos. for this Project = lama ran
a
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 24, 2004
PROJECT CODE 14076
REVISION OF SECTION 208
CONCRETE WASHOUT STRUCTURE
Section 208 of the Standard Specifications is hereby revised for this project as follows:
Subsection 208.01 shall include the following:
This work includes the installation of a concrete washout structure that will contain washout from
concrete placement operations and construction equipment cleaning operations.
Subsection 208.02 shall include the following:
(i) Concrete Washout Structure. Embankment required for the concrete washout structure may
be excavated material, provided that this material meets the requirements of Section 203 for
embankment.
Subsection 208.03 shall include the following:
d) Concrete Washout Structure Design. At least 10 days prior to start of paving operations, the
Contractor shall submit in writing a method statement outlining the design, site location and
installation of a concrete structure that will contain washout from concrete placement operations.
Work on this structure shall not begin until written acceptance provided by the Engineer. The
structure shall meet the following requirements:
(1) Structure shall contain all washout water and saw water.
(2) Stormwater shall not carry wastes from washout/disposal location.
(3) The site shall be located a minimum of 50 horizontal feet from state waters as
defined in subsection 107.25.
(4) The site shall be signed as "Concrete washout'.
(5) Each concrete truck driver/pumper operator shall be aware of site locations.
(6) The site shall be accessible to appropriate vehicles.
(7) The bottom of excavation must be proven to equal or exceed five vertical feet from
groundwater or, alternatively, excavation must be lined with either a clay or synthetic
liner that is designed to control seepage to a maximum rate of 10-6 centimeters per
second.
(8) Freeboard capacity shall be included into structure design to reasonably ensure the
structure will not overtop during or because of a precipitation event.
(9) All measures shall be taken to prevent tracking of washout material onto roadway
surface.
(10) Adding solvents, flocculents, or acid to washwater is prohibited.
Subsection 208.05 shall include the following:
(1) Concrete Washout Structure. The concrete washout structure shall be completed and ready
for use prior to concrete placement operations. The structure shall be fenced with orange
plastic construction fencing or equivalent fencing material to provide a barrier to construction
equipment and to aid in identification of the concrete washout area.
Waste material from concrete washout operations shall be removed and disposed of in
accordance with subsection 208.04 (f) when it has accumulated to one-half of the wet storage
capacity of the structure.
Removal of the structure upon completion concrete placement operations shall be as directed
by the Engineer.
-2-
REVISION OF SECTION 208
CONCRETE WASHOUT STRUCTURE
Subsection 208.06 shall include the following
(10)Failure to install and properly utilize a concrete washout structure for containing washout from
concrete placement operations
In subsection 208.06 delete the last paragraph and replace with the following:
The Engineer will notify the Contractor in writing of each incident of failure to perform erosion
control, items (1) through (10) above. The Contractor will be allowed 7 calendar days from the
date of notification to correct the failure. The Contractor will be charged $500 in liquidated
damages for each calendar day after the seventh day that one or more of the incidents of failure,
items (1) through (10) above, remains uncorrected. The liquidated damages is based on daily
costs associated with having a CDOT Regional Erosion Control Team (RECAT) on site to
address the impact of failing to meet one or more of these erosion control measures. The
liquidated damages will accumulate, for each cumulative day that one or more of the incidents
remains uncorrected. The number of liquidated damages days will be cumulative for the duration
of the project; that is: the charge for a particular day will be added to the total number of
liquidated damages days accumulated on the project. Total daily charge will be deducted from
any monies due the Contractor.
Subsection 208.07 shall include the following:
Concrete washout structure shall be the actual number that are installed and accepted, and will
include excavation, embankment, concrete, erosion bales, and fencing.
Subsection 208.08 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Concrete Washout Structure Each
Payment will be full compensation for all labor materials and equipment required to complete the
work.
Concrete washout and waste material disposal will not be measured and paid for separately, but
shall be included in the work.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 24, 2004
PROJECT CODE 14076
REVISION OF SECTION 208
EROSION CONTROL
Section 208 of the Standard Specifications is hereby revised as follows:
Subsection 208.05 is revised to include the following:
All erosion control devices, materials, techniques, and maintenance required to prevent damage to
the storm water facilities are outlined in the City of Fort Collins Stormwater Utility Storm
Drainage Design Criteria and Construction Standards.
All inlets shall be protected by a gravel filter as shown by Detail D-25 Curb Inlet Filter —
Gravel. See Plans Details.
The City of Fort Collins Stormwater Department erosion control inspector must be notified at least
24 hours prior to any construction on this site.
All required perimeter silt fencing shall be installed prior to any land disturbing activity
(stockpiling, stripping, grading, etc). All other required erosion control measures shall be installed
at the appropriate time in the construction sequence as indicated in the approved project schedule,
construction plans, and erosion control report.
Pre -disturbance vegetation shall be protected and retained wherever possible. Removal or
disturbance of existing vegetation shall be limited to the area required for immediate construction
operations, and for the shortest practical period of time.
All soils exposed during land disturbing activity (stripping, grading, utility installations,
stockpiling, filling, etc.) shall be kept in a roughened condition by ripping or disking along land
contours until mulch, vegetation, or other permanent erosion control is installed. No soils in areas
outside project street rights of way shall remain exposed by land disturbing activity for more than
thirty (30) days before required temporary or permanent erosion control (e.g. seed/mulch,
landscaping, etc.) is installed, unless otherwise approved by the Stormwater Department.
The property shall be watered and maintained at all times during construction activities so as to
prevent wind -caused erosion. All land disturbing activities shall be immediately discontinued
when fugitive dust impacts adjacent properties, as determined by the City of Fort Collins
Engineering Department.
All temporary (structural) erosion control measures shall be inspected and repaired or
reconstructed as necessary after each runoff event in order to assure continued performance of
their intended function. All retained sediments, particularly those on paved roadway surfaces,
shall be removed and disposed of in a manner and location so as not to cause their release into any
drainageway.
No soil stockpile shall exceed ten (10) feet in height. All soil stockpiles shall be protected from
sediment transport by surface roughening, watering, and perimeter silt fencing. Any soil stockpile
remaining after 30 days shall be seeded and mulched.
City Ordinance prohibits the tracking, dropping, or depositing of soils or any other material onto
City streets by or from any vehicle. Any inadvertent deposited material shall be cleaned
immediately by the contractor.
Subsection 208.07 is revised to include the following:
The accepted quantities will be paid for at the contract unit price.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 24, 2004
PROJECT CODE 14076
REVISION OF SECTION 208
EROSION CONTROL
Payment will be made under:
Pay Item Pay Unit
208 Erosion Control Lump Sum
The above prices and payments shall include full compensation for furnishing all labor, materials,
tools, equipment, and incidentals and for doing all work involved in installing and maintaining
erosion control, complete -in -place, as specified in these specifications, and as directed by the
Engineer.
END OF SECTION
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 212
SEEDING, FERTILIZER AND SODDING
Section 212 of the Standard Specifications is hereby revised for this project as follows:
Subsection 214.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Seeding Square Foot
March 31.2004
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 213
MULCHING
March 31, 2004
Section 213 of the Standard Specifications is hereby revised for this project as follows:
Subsection 213.01 shall include the following:
This work consists of furnishing and placing wood mulch and weed barrier in the planting beds in
accordance with the plans and specifications.
Subsection 213.02 shall include the following:
Materials for wood mulch shall consist of commercially available medium size bark mulch.
Contractor shall submit sample of proposed mulch in a plastic baggie. Submit name of proposed
supplier.
Materials for weed barrier shall be a non -woven geotextile material suitable for this purpose such
as Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. Submit brand name and
model number/name of proposed weed barrier to be used.
Subsection 213.03 shall include the following:
Weed Barrier. Weed barrier shall be placed in shrub beds and where noted on the plans and
details. At edges of curbs, walls, structures, pavements, and headers, weed barrier shall be turned
down into grade and secured with 11 gauge, 12 inch long staples at 18" inches O.C.
Where individual weed barrier sheets abut they shall overlap a minimum of 4 inches and be
secured with 11 gauge, 12 inch long staples at 18" inches O.C. along the joint.
Wood Mulch. Prior to placing mulch and planting in mulch beds, apply Roundup herbicide to
weeds and allow beds to sit for 7 days. Place wood mulch in shrub beds and tree planting rings in
turf areas. Place mulch to a 2 inch depth. Do not use weed barrier in tree rings. Gently brush
mulch off of shrubs once installed. Take care in placement not to damage newly planted
materials.
Subsection 213.04 shall include the following:
The quantity of wood mulch and weed barrier will not be measured but shall be the quantity
designated in the Contract, except measurements will be made for revisions requested by the
Engineer, or for discrepancies of plus of minus five percent of the total quantity designated in the
Contract.
Subsection 213.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Wood Mulch Square Foot
Herbicide and weed barrier will not be measures and paid for separately but shall be included in
the work.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 214
PLANTING
March 31, 2004
Section 214 of the Standard Specifications is hereby revised for this project as follows:
Subsection 214.01 shall include the following:
This work consists of finish grading, installation of soil amendments, and furnishing and planting
trees, shrubs, and other plant material.
Subsection 214.02 shall include the following:
Plant List. A plant list is provided on the drawings. Quantities shown on the list are for
information only. Contractor shall be responsible for verifying quantity takeoffs as shown on the
drawings. In the event of a discrepancy between quantities shown on the plant list and quantities
depicted on the plans, the quantities depicted on the plans shall govern.
Topsoil. Material includes existing on -site or imported topsoil for use as part of planting backfill
mix. Submit a minimum of 2 samples of soil to the Colorado State University Soil Testing
laboratory for analysis and fertilizer recommendations. Samples shall be taken from widely
varying sections of the site.
Guying and Staking Cord. Material includes 1/4" Diameter yellow nylon rope or 14AWG wire
with 1/2" X 12" PVC sleeves.
Webbing. Material includes 2"nylon webbing or rubberized cloth. No hose permitted.
Tree Wrap. 4" minimum width commercial tree wrap. Secure tree wrap with jute rope or a similar
biodegradable material.
Item (d) under Subsection 214.02 shall be deleted and replaced with the following:
Organic Amendment. Material shall be A-1 Organic, Colorado Compost or equivalent approved 7
days prior to bidding. Compost shall meet the following specifications: A totally organic product
(Mountain peat is not acceptable in the amendment) that has been aerobically and naturally
processed without the addition of coarse wood chips, in such a manner as to maintain a consistent
temperature of 140 degrees Fahrenheit or greater for a period of time sufficient to create the
following characteristics, measured by dry weight:
Maximum allowable organic matter: 60%
Organic matter to nitrogen ratio 25:1 to 30:1
pH: 6.5 to 7.5
Salts: 2.0 to 3.0 mmhos
Less that 40% inorganic matter
Less than 5% soil, dirt, or sand
Maximum particle size of/z" diameter
Eradication of all harmful weed seeds, pathogens, and bacteria.
A well decomposed earthy smell (non -offensive)
Fertilizer. Fertilizer for turf shall be commercial type, of uniform composition, free flowing, and
conforming to applicable state and federal laws. Fertilizer shall be formulated to meet the
suggestions of the CSU soil laboratory for turf fertilization.
Fertilizer for trees, shrubs, and perennials shall be Osmocote Sierrablen, 9 month slow release
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
March 31, 2004
fertilizer. Apply per manufacturer's recommendations. Bone Meal shall be a commercially
available brand. Submit proposed formulation and company name.
Subsection 214.03 shall include the following:
Examination. Verify Rough grading is within I tenth of a foot. Verify site is free from
obstructions, objects, or structures that are not a part of the final site construction. Verify major
drainages are completed and in place. Do not start work until the site is acceptable. Once
landscape grading has commenced, the Landscape Contractor shall be responsible for bringing all
grading to final line and grade and creating positive drainage.
Clearing. Prior to any soil preparation, existing vegetation not to remain and which might
interfere with the specified soil preparation shall be mowed, grubbed, raked, and the debris
removed from the site. Prior to or during grading or tillage operations the ground surface shall be
cleared of materials which might hinder final operations.
Soil Preparation and Finish Grading. Protection- Field locate all buried cables, wires, electrical
service, irrigation lines and any other subsurface element that may be damaged during ripping
operations. Stake and/or paint locations with an easily visible system that will enable equipment
operators to avoid damaging buried utilities. Prepare all turf, shrub bed, and ground cover areas as
follows:
Rip soil to a minimum depth of 12" in two directions using an agricultural ripper with tines
spaced no greater than 12". Areas adjacent to walks, buried obstructions, structures, curbs
etc. where the use of large mechanical equipment is difficult, shall be worked by hand.
If roots of trees are encountered, minimize ripping operations as needed to avoid cutting
roots or damaging plant material.
Apply Roundup to areas to be seeded a minimum of 2 weeks after topsoil has been
redistributed and before application of soil amendment. Apply Roundup only when weeds
are growing vigorously. Apply at manufacturers maximum recommended rate.
Spread the following amendments over the entire area to receive landscaping. Incorporate the
amendments into the top 6 inches (or as noted below) of soil by rototilling:
Turf Areas
Shrub bed areas
Compost
4CY/1,000SF
5CY/1,000SF
(into to 6")
(into to 6")
Fertilizer
As per
recommendation of
soil lab report
Bone
NA
20lbs./100SF
Meal
Incorporate amendments by discing or rototilling into the top 6 inches of soil. Obtain a uniform
mixture. Work tight areas by hand. Restore fine grade with float drag to remove irregularities
WEST ELIZABETH BIKk LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
March 31, 2004
resulting from tilling operations. Float drag in two directions. Eliminate uneven areas and low
spots. Establish a finish grade that provides positive drainage as indicated on the grading plans.
Remove debris, roots, branches, stones, in excess of 1-2" inch diameter in size.
Coordinate grading of subgrade to the following depths:
Adjacent to curb s & other
Surfaces
1. Seeded/sodded areas 1" below pavement and
curbs
2. Shrub bed areas 1 3" below adjacent
Do not plant until finish grade has been reviewed by the Owner's Representative. This review
does not reduce Contractor's responsibility to provide a finished product that drains.
Subsection 214.04 shall include the following:
Topsoil for backfill mix, guys and stakes, webbing, tree wrap, weed barrier and fertilizer will not
be measured and paid for separately but shall be included in the work.
Subsection 214.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Deciduous Canopy Tree, 2" caliper Each
Shrub, 5 gallon cont. Each
Soil Preparation Square Foot
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 401
PLANT MIX PAVEMENTS
Section 401 of the Standard Specifications is hereby revised as follows:
The following two paragraphs shall be deleted from Subsection 401.02
March 31, 2004
(a)(4) "A sufficient quantity of each aggregate, mineral filler, reclaimed material, and additive for the
required Laboratory tests."
"The Department will process one asphalt design mix for each pavement grading at no charge to the
Contractor. The Contractor will be assessed a charge of $3,000 for testing and evaluating each additional
design mix submitted by the Contractor."
Subsection 401.02 is hereby revised to include the following:
Requests made in writing by the Contractor for changes in the job mix formula will be considered by the
Engineer. A job mix formula shall be determined by the Contractor and submitted to the Engineer for approval
a minimum of one week prior to the beginning of construction for each proposed change. The Contractor shall
provide the Engineer with a report from an independent testing laboratory acceptable to the Engineer. The
report shall state the Superpave properties, optimum oil content, job mix formula and recommended mixing and
placing temperatures. The costs for all job mix formulas shall be the responsibility of the Contractor.
If the Contractor uses more than three (3) job mix formulas for a type of plant mix pavement used, the City
may charge the Contractor for testing and evaluation of the mix designs, including the costs for calibration.
Mix design verification testing shall be the responsibility of the Contractor. A minimum of one verification
per mix design or one per 10,000 ton of mix used shall be provided to confirm oil content, gradation, air
voids, VMA, and stability.
Subsection 401.07 shall include the following:
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, the dates coincide with Table 401-3A, and the Engineer
determines that the weather conditions permit the pavement to be properly placed and compacted.
Subsection 401.17 is hereby revised to include the following:
All pneumatic tire rollers shall be equipped with rubber skirts.
BIG.#5850 WEST ELIZABETH BIKE LANE IMPROVEMENTS
Item No.
Description
Unit
Quantity
Costcrlption
Uak coo I Total
B = Total number of calendar days bid = 7,q
Total number of calendar days bid ( 714 ) X $3,828.00 = S 7 o
TOTAL PROJECT COST = A + B X (the daily cost) = $ W 1? (07
BID ALTERNATE
623
SHRUB IRRIGATION
LS
1 1.04
8125.Od
$ 8 125.Oe
623
IRRIGATION TAP AND METER 3/4"
IS
1.
214
DECMUOUS CANOPY TREES 2" CAL.
EACH
L
214
SHRUBS IS GAL
EACH
1 77.21
Jn.V2
$ a
608
ENHANCED CONCRETE CROSSWALK
SY
1 89.0
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 403
HOT BITUMINOUS PAVEMENT
Section 403 of the Standard Specifications is hereby revised as follows:
Subsection 403.01 is revised to include the following:
March 31, 2004
This work shall consist of placing the specified depth of Hot Bituminous Pavement, Grading SX -
Parking Lot Overlay, Grading SX, Grading SG, or Grading S, over existing pavement or subgrade
surfaces previously prepared by the Contractor or City of Fort Collins Crews, according to the current
Latimer County Urban Area Street Standards and Colorado Department of Transportation Design
Criteria.
Subsection 403.02 is revised to include the following:
Laboratory Mix Design - SHRP Mix, Grading S - The mix design shall be prepared by an independent
laboratory acceptable to the Engineer. The criterion for the mix design is as follows:
Designed according to most recent set of SUPERPAVE Specifications available at the time
A request made in writing by the Contractor for changes in the job mix formula will be considered by
the Engineer.
The design mix for Grading S, SX, and SG shall conform to the current Latimer County Urban Area
Street Standards and the following:
Property
Test
Method
Grading S
Grading SG
Grading SX
Minimum Dry Split
Tensile Strength, kPa
CPL 5109
(psi)
Method B
205 (30)
205 (30)
205 (30)
Grade of Asphalt
Cement
Top Layer
PG 64-28
PG 64-22
PG 64-22
Grade of Asphalt
Cement Layers Below
Top
PG 64-28
PG 64-22
PG 64-22
Voids in the Mineral
Aggregate (VMA) %
minimum
CP 48
(a)
(a)
(a)
Voids Filled with
(a)
(a)
(a)
Asphalt (VFA) %
Al MS-2
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 31, 2004
PROJECT CODE 14076
(a) Current CDOT Design Criteria
(b) Residential 75, Collector 75, Arterial 100
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.
Reclaimed materials will not be allowed in Hot Bituminous Pavement. A maximum of 20% reclaimed
material will be allowed for HBP Grading SG.
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.
Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a
temperature lower than 225E F.
Emulsified Asphalt for tack coat shall be Grade CSS-lh. The tack coat shall consist of a 1:1 dilution
(one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be
approximately 0.1 gallons per square yard.
The existing pavement shall be broomed and cleaned to be free of dirt, water, vegetation and other
deleterious matter immediately prior to commencing the paving operation. Edges of the area to be
patched shall be sawcut vertically, and perpendicular or parallel to the roadway, as directed by the
Engineer. Tack coat shall be placed against clean, vertical edges on all sides of the area to be patched.
Hot Bituminous Pavement Grading SX and S, shall be placed in equal lifts two (2) inches. The
minimum lift thickness shall be one and one half (1%") inch. HBP Grading SG shall be placed in
equal lifts not exceeding four (4) inches. The minimum lift thickness shall be three (3) inches.
Overlaying layers of Hot Bituminous Pavement shall not be placed until the lower layer has cooled
sufficiently to provide a stable material which will support the equipment without rutting, shoving or
moving in any manner. Tack coat shall be placed between all lifts.
Any leveling courses placed shall be paid for at the contract unit price for Hot Bituminous Pavement.
Asphalt depths are specified per location in Section 02500, Quantity Estimate. Any deviation from the
specified depths shall be approved by the Engineer prior to asphalt placement.
Subsection 403.04 shall include the following:
Hot Bituminous Pavement Grading SX - Parking Lot, SX — Basketball Court, SX, S, and SG, will be
measured by the ton and paid for at the Contract Unit Price for Hot Bituminous Pavement. Haul,
bituminous materials, aggregate, asphalt cement, asphalt recycling agent, additives, hydrated time, 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.
Load slips shall be consecutively numbered for each day and shall include batch time.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 31, 2004
PROJECT CODE 14076
Subsection 403.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
403 Hot Bituminous Pavement Ton
The above prices and payments shall include full compensation for furnishing all labor, materials,
tools, equipment, and incidentals, and for doing all the work involved in Hot Bituminous Pavement,
including compaction, rolling, haul, surface preparation, and bituminous materials, complete in -place,
as shown on these plans, as specified in these specifications, and as directed by the Engineer.
Section 403 of the Standard Specifications is hereby revised as follows:
Subsection 403.01 is revised to include the following:
This work shall consist of excavating pavement areas to the specified depth, preparing the subgrade,
and placing Hot Bituminous Pavement in accordance with these specifications, and in reasonably
close conformity with the lines, grades, thickness and typical cross sections shown on the plans or
established.
Subsection 403.02 is revised to include the following:
The materials shall conform to the requirements of Revision of Section 403 - Hot Bituminous
Pavement found herein.
Subsection 403.03 is revised to include the following:
Patching will be accomplished in the following manner:
A straight vertical cut shall be made through the pavement to provide a square or rectangular
opening, such that each edge of the finished patch will be parallel or at right angles to the direction of
traffic. Wheel cutting shall not be allowed. All patches placed in pavement not to be overlaid shall
be sawcut.
If, in the opinion of the Engineer, the subgrade material for the patch is unsuitable, it shall be
removed to the limits and depths designated. If asphalt is to be placed in the extra depth, the Contract
Unit Price for Patching shall be used for measurement and payment. If the deepened section is to be
filled with Borrow, the excavation will be measured and paid for under Revision of Section 203 -
Excavation and the material paid for under the appropriate item found herein.
The Contractor shall be responsible for the protection of the subgrade/base course until subsequent
courses have been placed.
After the excavation has been completed, the Contractor shall prepare the subgrade by utilizing a
vibratory plate, roller, or other compaction device approved by the Engineer.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
March 31, 2004
After the area to be patched is prepared, the Contractor shall place an emulsified asphalt tack coat on
all pavement cut surfaces and on the lip of exposed gutter and crosspan faces that abut these paving
areas.
Emulsified Asphalt for tack coat shall be grade CSS-1 It. The tack coat shall consist of a 1:1 dilution
(one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be
approximately 0.1 gallons per square yard.
Grading SG shall be used in all locations except in locations where patching takes place and no
overlay is scheduled.
Grading SG shall be placed in the bottom of the patches and shall be left one and one-half (1(9) to
two (2) inches below the existing street surface to allow the patch to be "topped" with a surface
course material. The "topping" material shall be Hot Bituminous Pavement Grading SX for
residential streets, and Grading S for arterials and collectors. Hot Bituminous Pavement used for
"topping" material will be measured and paid for at the Contract Unit Price for Patching.
In locations where concrete repairs take place in an area of a large patch or in grind areas and the
grind operation does not immediately follow the concrete repair (three (3) days), the Contractor shall
remove no more than six (6) inches of pavement. The pavement areas shall be temporarily patched
with a minimum of two (2) inches of asphalt. These locations shall be paid under the Contract Unit
Price for Patching.
Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a
temperature lower than 2250 F.
Pavement areas to be replaced adjacent to concrete repairs shall be completed within three (3)
working days of said concrete work.
Areas requiring reduction in the quantity for Patching shall be deducted from the pay quantity using
the following formula:
Deduct 0.054 Tons Per Square Yard Inch
Subsection 403.05 is revised to include the following:
The accepted quantities for Patching will be paid for at the Contract Unit Price per Ton.
Payment will be made under:
Pay Item
Pay Unit
403 Hot Bituminous Pavement (Patching) Ton
403 Asphalt Sidewalk Ton
The above prices and payments shall include full compensation for furnishing all labor, materials,
tools, equipment, and incidentals and for doing all the work involved in Patching, including pavement
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
March 31. 2004
cutting, excavation, haul, disposal, surface preparation, and bituminous materials, complete -in -place,
as shown on these plans, as specified in these specifications, and as directed by the Engineer
WEST ELIZABETH BIKE LANES
FEDERAL Am PROJECT AQC M455-060 March 31, 2004
PROJECT CODE 14076
REVISION OF SECTION 603
REINFORCED CONCRETE PIPE (COMPLETE IN PLACE)
Section 603 of the Standard Specifications is hereby revised for this project as follows:
Subsection 603.12 shall include the following:
Pay Item Pay Unit
12 Inch Reinforced Concrete Pipe (CIP) Linear Foot
15 Inch Reinforced Concrete Pipe (CIP) Linear Foot
18 Inch Reinforced Concrete Pipe (CIP) Linear Foot
Structure excavation and structure backfill for Reinforced Concrete Pipe (Complete in Place) will not be
measured and paid for separately, but shall be included in the work.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 604
INLETS
Section 604 of the Standard Specifications is hereby revised as follows:
Subsection 604.01 is revised to include the following:
March 31, 2004
This work shall consist of the removal and replacement of existing inlets and/or inlet decks, in accordance with
these specifications, and in reasonably close conformity with the lines and grades shown on the plans or
established by the Engineer.
Subsection 604.05 is revised to include the following:
As part of the "Reconstruct Inlet Deck" items, the concrete around the inlet as marked shall be removed and
hauled from the site. The existing frame, grate, and angle iron face shall be salvaged and reused in the
reconstruction of the inlet deck. All reinforcing steel encountered during removal shall be replaced with new
steel of the grade and size as shown on the detail found herein.
Reconstruct Inlet Deck shall include the deck reconstruction of existing inlets, including two, three and a half
foot (3.5') transitions, measured from inside face of box, on each side. Inlets with openings greater than those
defined on the detail shall be paid for as Reconstruct Inlet Deck, per each, plus Inlet Deck - Additional Opening,
per lineal foot.
Subsection 604.07 is revised to include the following:
When concrete is to be removed and replaced around an existing grate without disturbing the deck or box, this
shall not constitute Reconstruct Inlet Deck. These locations shall be measured and paid for separately under the
items described in Revision of Sections 608 and 609 - Sidewalks, Curb and Gutter, Drive Approaches, Aprons
and Crosspans found herein.
Subsection 604.08 is revised to include the following:
Payment will be made under:
PAY ITEM
UNIT
604
Inlet Type R (5 Foot) (Modified Radial)
Each
604
Inlet Type R (5 Foot)
Each
604
Inlet Type 13 Combination (5 Foot)
Each
604
Inlet Type 13 Combination (10 Foot) (Modified)
Each
Expansion joint material shall be installed every 500' in long runs and between new structure slabs and existing concrete
slabs, where called for, and around fire hydrants, poles, inlets, sidewalk underdrains, mid -block ramps, radius points at
intersections, and other fixed objects, i.e. ends of sidewalk slabs and curbs. Expansion joint material must be set vertical
and installed in accordance with the CDOT M&S Standards for Concrete Pavement Joints. The joint shall be edged with
a suitable edging tool and sealed in accordance with CDOT Section 412.18.
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and
incidentals and for doing all work involved in Inlets reinforcement, concrete, jointing, expansion and caulking, complete -
in -place, as specified in these specifications, as shown on the plans, and as directed by the Engineer.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 31, 2004
PROJECT CODE 14076
REVISION OF SECTIONS 608 AND 609
SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES, APRONS,
CROSSPANS, AND CONCRETE PAVEMENT
Sections 608 and 609 of the Standard Specifications are to be deleted and replaced with the Larimer County Urban Area
Street Standards, October 2002, except as noted herein.
Monolithic hybrids of curb, gutter, sidewalk and highback vertical curb and gutter will be replaced using the same
configuration as it was originally installed, unless a flaw in its engineering should become apparent. In these cases the
design may be modified by the Engineer.
The finished exposed surface and edging of the concrete will match as closely as possible the surface treatment of the
surrounding existing concrete.
The mix designs for all types of concrete to be utilized shall be determined by the Contractor and submitted to the
Engineer and approved a minimum of one week prior to the beginning of construction.
Cement used shall conform to the Standard Specification for Portland Cement, ASTM C 150-85, AASHTO M85, Type I,
Type UII, or Type III.
The air content shall be five (5) to eight (8) percent.
"High Early" concrete shall be used for concrete repair locations. "High Early" concrete shall have a specified
compressive strength of 4000 psi and a minimum 48 hour compressive strength of 3000 psi. The type of concrete used
for a particular location shall be approved by the Engineer. See also Section 2.05, `Rigid Pavement Design', and Section
4.2.4., `Concrete Streets', of the City of Fort Collins Design Criteria and Standards for Streets."
Water Reducing Agents shall conform to ASTM C 494-82.
Accelerating Agents shall conform to ASTM C 494-82. Calcium Chloride shall not be utilized as an accelerating agent.
The Contractor shall furnish a load slip containing the information required by AASHTO M 157, Section 13, Subsection
13.1 and 13.2, with each batch of concrete. In addition, the type of concrete (mix code) shall be shown on each load slip.
Concrete delivered without a load slip containing complete information as specified will be subject to rejection.
In locations where concrete pavement is replaced, the new pavement shall have a minimum thickness of 7" or a thickness
of 1" thicker than the existing adjacent pavement slab. Existing pavement shall be saw cut to obtain a straight and neat
edge for paving and shall be deep enough to cut through the entire pavement thickness. All joints shall be sealed with an
asphalt or approved equal, filler compound. The top of the new pavement shall be even with the existing concrete
pavement. The concrete shall be consolidated with a mechanical vibrator. All construction joints shall be doweled
except for expansion joints and joints along existing curb and gutter.
In locations where concrete pavement is being replaced, the construction joint (s) shall be constructed in accordance with
the detail for "Replacing Concrete Pavement" contained herein. This item will not be measured or paid for separately
under the terms of this contract.
The maximum spacing for transverse joints in crosspans and concrete pavement shall be ten (10) feet.
Curing materials shall be white pigmented liquid linseed oil based or paraffin based curing compound, and shall conform
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 31, 2004
PROJECT CODE 14076
to ASTM Specification C 309-81 Type 11, Class B. The application rate for curing compound shall be 150 sq. ft./gal. for
all concrete. The curing compound shall be applied immediately upon completion of the finishing.
In locations where a portion of the apron and/or crosspan, the apron or crosspan only are being replaced, or a crosspan is
poured in sections, the construction joint (s) shall be constructed in accordance with the detail for "Concrete Construction
Joints" contained herein. This item will not be measured or paid for separately under the terms of this contract.
Restoration of landscape shall be in accordance with "Revision of Section 107 - Protection and Restoration of Property
and Landscape" found herein. The time frame for restoration shall be within two (2) working days from the time the
concrete was placed for backfill with topsoil and by no later than the end of the first working day of the following week
for sod replacement.
The Contractor shall be responsible for the protection of the subgrade/base course until the concrete is placed.
The Contractor shall protect the concrete against moisture loss, rapid temperature change, rain, flowing water,
mechanical injury, pedestrian and vehicular traffic, and Contractor's equipment for a minimum of 36 hours after the
placement of curing compound for 48 hour high early concrete. Concrete blankets shall be used when the temperature is
expected to fall to 32°F or below within 36 hours after placement of curing compound for 48 hour high early concrete.
Asphalt patching against fresh concrete shall not be permitted during the time frames for protection of concrete stated
above.
The debris immediately adjacent to a concrete repair location shall be completely cleaned up on the work day following
the placement of the concrete. If required, the concrete shall be protected as stated above. Any damage caused during
the cleanup process shall be the Contractor's responsibility.
The Contractor shall utilize forms approved by the Engineer for the tabulation of concrete quantities.
Payment will be made under:
PAY ITEM
608 Concrete Curb Ramp
PAY UNIT
SY
608
Concrete Crosspan
SY
608
Concrete Apron
SY
608
Enhanced Concrete Crosswalk
SY
609
Curb & Gutter Type 2 Special (T Pan)
LF
609
Curb & Gutter Type 2 (Section II-B)
LF
608
6" Mountable Curb
LF
610
Median Cover Material
SF
Sawcutting related to the above items shall be considered a subsidiary obligation of the Contractor, and shall not
be measured or paid for separately.
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section
BID INFORMATION
00020
Notice Inviting Bids
00100
Instruction to Bidders
00300
Bid Form
00400
Supplements to Bid Forms
00410
Bid Bond
00420
Statements of Bidders Qualifications
00430
Schedule of Major Subcontractors
CONTRACT DOCUMENTS
00500 Agreement Forms
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release(Contractor)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC -A
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960 Application for Payment
SPECIFICATIONS
Pages
00020-1 - 00020-2
00100-1 - 00100-9
00300-1 - 00300-4
00400-1
00410-1 - 00410-2
00420-1 - 00420-3
00430-1
00500-1
00510-0
00520-1 - 00520-6
00530-1
00600-1
00610-1 - 00610-2
00615-1 - 00615-2
00630-1
00635-1
00640-1
00650-1 - 00650-2
00660-1
00670-1 - 00670-2
00700-1 - 00700-34
GC -Al - GC-A2
00800-1 - 00800-2
00900-1
00950-1 - 00950-2
00960-1 - 00960-2
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410Bid Bond
00420Statement of Bidder's Qualifications
00430schedule of Subcontractors
7/96 Section 00410 Page 1
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 March 31, 2004
PROJECT CODE 14076
"Pedestrian Access Ramp, Highback Curb," shall be measured by the square foot. The length shall be measured from the
lip of the gutter to the top of the transition at the back of the ramp, and the width shall be measured at the midpoint.
"Highback Curb, Gutter and Drive Approach" and "Highback Alley Approach" shall include 4 feet behind the back of
the curb, and shall be measured in the flow line from the point of curvature on each radius.
Expansion joint material shall be installed every 500' in long runs and between new structure slabs and existing concrete
slabs, where called for and around fire hydrants, poles, inlets, sidewalk underdrains, mid -block ramps, radius points at
intersections, and other fixed objects, i.e. ends of sidewalk slabs and curbs. Expansion joint material must be set vertical
and installed in accordance with the CDOT M&S Standards for Concrete Pavement Joints. The joint shall be edged with
a suitable edging tool and sealed in accordance with CDOT Section 412.18
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in Sidewalks, Curb & Gutter, Drive Approaches, Aprons, Crosspans, and
Concrete Pavement, complete -in -place, including , as shown on the plans, as specified in these specifications, and as
directed by the Engineer.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 608
DETECTABLE WARNINGS
Section 608 of the Standard Specifications is hereby revised for this project as follows:
Subsection 608.01 shall included the following:
March 24, 2004
This work includes the installation of detectable warnings on concrete curb ramps at the locations shown in the
plans and in accordance with the plans.
Subsection 608.02 shall include the following:
Detectable warnings on curb ramps shall be truncated domes of the dimensions shown in the plans. Domes shall
be prefabricated by the manufacturer as a pattern on concrete or masonry pavers.
Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when
installed, shall be capable of producing the pattern of domes as shown in the plans.
Pavers shall meet the requirements of ASTM C 902 or ASTM C 936.
Alternate materials may be used, if pre -approved by the Engineer. The Contractor shall submit a sample of the
product, the name of the selected supplier, and documentation that the product meets all contrast requirements and
will be fully compatible with the curb ramp surface to the Engineer for approval prior to start of work. Known
vendors of alternate products include but are not limited to the following:
Vendor Name
Product
Phone Numbers
Detectable Warning Systems, Inc.
Detectable Warning Mat
866-999-7452
Disability Devices, Inc.
Flexible mat
800-747-5651
714-437-9237
Armor -Tile Surface
Engineered Plastics, Inc.
Applied Detectable
800 682 2525
Warning Surface Tile
TILCO Vanguard
Individual domes
800-290-5700
360-668-5700
Barton Supply
CAST in TACT Warning
303-944-2682
Panels
303-788-9888
The domes and the underlying surface shall have a minimum of 70% contrast with the light reflectivity of the
adjoining surface. The contrast shall be verified using the following equation:
Contrast = Bi — B2 x 100
A
Where B, = Light Reflectance Value (LRV) of the lighter area
Bz = LRV of the darker area
Absolute black and white will not be permitted.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
-2-
REVISION OF SECTION 608
DETECTABLE WARNINGS
March 24, 2004
The contrast shall be achieved by adding pigment during the fabrication of the paver. Prior to start of work, the
Contractor shall submit appropriate documentation from the manufacturer verifying that the contrast has been
met, along with a sample paver, to the Engineer for approval.
Bedding and joint sand shall be free of deleterious or foreign matter. The sand shall be natural or manufactured
from crushed rock. Limestone screenings or stone dust shall not be used. Sand for bedding material shall
conform to ASTM C 33. Sand that is to be placed between joints shall conform to ASTM C 144.
Subsection 608.03 shall include the following:
(g) Detectable Warnings. Pre -fabricated pavers for detectable warnings shall be brought to the site in steel
banded, plastic banded or plastic wrapped cubes capable of being transported by a fork lift or clamp lift. Pavers
shall be carefully removed and stacked in a manner that results in the least amount of damage. All pavers that are
damaged during transport or delivery will be rejected and shall be replaced at the Contractor's expense. Minor
cracks or chipping due to transport and handling that do not interfere with the structural integrity of the paver or
the overall pattern of truncated domes will not be deemed as grounds for rejection.
The Contractor shall spread the bedding sand evenly in the area defined and shall screed the sand to an
appropriate embedment depth as shown on the plans or as directed by the Engineer. Sufficient sand should be
placed to stay ahead of laid pavers
Pavers shall be placed in a running bond pattern. Domes shall be aligned to create a square grid in the
predominant direction of travel as shown in the plans. Pavers shall be installed such that the base of the truncated
dome is at the same elevation as the adjoining surface, allowing for a smooth transition between the curb ramp
and the detectable warning.
When cut pavers are required to fill gaps between the pavers and the edge of concrete, the Contractor shall bevel
portions of the truncated domes at a 45-degree angle to create a smooth transition between the partial dome and
the curb ramp surface. Unless otherwise directed by the Engineer, pavers shall be cut and installed in such a
manner that the domes on the cut sections will not significantly impact the overall pattern of the truncated domes.
The Contractor shall use a plate vibrator to embed the pavers into the sand. The size and type of plate vibrator
shall be in accordance with manufacturer's recommendations, or as directed by the Engineer. All pavers that are
damaged during embedment shall be replaced at the Contractor's expense.
Joint spacing between paver units shall be in accordance with the manufacturer's recommendations, or as
approved by the Engineer. Joints shall be filled completely with joint sand. Excess sand shall be removed by
sweeping.
(h) Alternate products. Alternate materials shall be installed in accordance with manufacturer's
recommendations.
If domes and mats are used, they shall be aligned to create a square grid in the predominant direction of travel as
shown in the plans. In cases where individual domes are used, the existing concrete surface shall be treated to
match the color and contrast requirements of the domes.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
-3-
REVISION OF SECTION 608
DETECTABLE WARNINGS
March 24, 2004
The concrete surface to which alternate materials are to be applied shall be prepared in accordance with
manufacturer's recommendations. Material requirements, color and application shall be in accordance with
manufacturer's recommendations and as approved by the Engineer.
Subsection 608.05 shall include the following:
Detectable warnings on curb ramps, including sand, pavers, alternate materials, and all other work and materials
necessary for fabrication, transport, and installation will not be measured and paid for separately, but shall be
included in the work.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 613
LIGHTING
March 31,2004
Section 613 of the Standard Specifications is hereby revised for this project as follows:
Add the following attachments indicating the City of Fort Collins standards for conduit
depth and supplemental cover requirements.
Subsection 613.07 shall include the following:
Conduit shall be:
Fort Collins Utilities Item Number: 6535 1081
CONDUIT, PVC, 2" X 20' OVERALL LENGTH, 2.25" MIN. DEPTH BELLED END .077"
WALL THICKNESS, PER SPEC. 366-200, SERIAL 02, REV. G
Fort Collins Utilities Item Number: 6535 0591
BEND, PVC, SCHEDULE 40, 2", 90 DEGREE, 36" RADIUS, WALL THICKNESS 0.154",
WITH CHAMFERED SPIGOT END (45 DEGREE CHAMFER INSIDE EDGE, 50% OF
WALL THICKNESS) AND MIN. 2" DEPTH BELLED END, (COUPLING NOT
ACCEPTABLE) PICOMA; PER DESCRIPTION
Junction boxes shall be:
Fort Collins Utilities Item Number: 6550 8857
VAULT, SECONDARY SPLICE BOX, 10,000 LB. STATIC LOADING, 13"W X 24"L
NOMINAL OPENING, MIN. 18"H, FIBERGLASS WALL WITH POLYMER CONCRETE
FRAME & POLYMER CONCRETE COVER IMPRINTED "ELECTRIC-10K", WITH 2
STAINLESS STEEL PENTA-HEAD HOLD DOWN BOLTS, WESTERN U.G. COMM.
APPROVED, ARMORCAST #6001946AX18, ASSOCIATED PLASTICS #1324PW, CDR
SYSTEMS #PA101324-18
Refer to PVC duct manufacturer recommendations for solvent cement to be used on their
product. Caution shall be taken to insure that fittings and duct are compatible. For
installation temperatures below 32°F, proper PVC cement shall be specified.
Paragraph 3, pg 646: paragraph on conduit burial depth shall be deleted and replaced with
the following:
All approved direct buried plastic ducts used for commercial/industrial installations for primary
cable runs shall have a minimum cover of 24" of compacted backfill over the top of the ducts.
Vertical measurement shall meet or exceed the depth requirements both at the time of installation
and subsequent thereto. Concrete encasement shall be used in accordance with the Fort Collins
Utilities Burial Depth and Supplemental cover chart, when adequate conduit depth cannot be
achieved. Authorization from the Electric Department inspector is required before any
installation with less than minimum specified cover is installed.
Paragraph 4, pg 646 shall be deleted.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
March 31, 2004
Paragraph 5, pg 646 shall be deleted and replaced with the following:
Junction boxes (secondary splice boxes) shall be installed behind streetlights at the locations
shown on the plans. Conduit stubs shall be installed from the junction box to the sonotube void
intended for streetlight placement. Conduit from the junction box shall protrude 2" into the
sonotube.
Paragraph 1, pg 647 shall be deleted.
Paragraph 3, pg 647 shall be deleted.
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WEST ELVABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES
Section 614 of the Standard Specifications is hereby revised as follows:
Subsection 614.15 shall be revised as follows:
March 31, 2004
This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs,
advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest
revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of
Fort Collins "Work Area Traffic Control Handbook", and the Larimer County Urban Area Street Standards.
In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern.
When a device is not in use, the Contractor shall remove it from the project for the period it is not needed.
Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices
removed from the project and later returned to use. Payment shall be made for the maximum number of each
type of traffic control device being used at one given time per day.
Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes
the hazards to pedestrians, bicyclists and vehicles.
Traffic control devices shall be removed from the site immediately upon completion of the work for any
street(s).
Subsection 614.16 shall include the following:
All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the
MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be
maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of
crossed out information or any other form of defacement that detracts from the purpose for which they are
intended (i.e. crossed out information, information written in long -hand style, etc.)
Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to
avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as
residents affected by any information the sign may present.
Subsection 614.20 shall be revised as follows:
Traffic control through the construction areas is the responsibility of the Contractor.
For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be on City supplied
forms. The Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m., two working
days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday
shall be submitted the previous Friday by 8:00 a.m.) Full road closure plans shall be submitted no later than
Friday mornings by 8:00 a.m. for projects starting the following week. All plans shall be delivered to City
Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the
construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic
Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for
all work and materials at that location, with no adjustment in the contract time.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
March 31, 2004
All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be
considered incidental to the Work.
The Traffic Control Plan shall include, as a minimum, the following:
(1) A detailed diagram which shows the location of all sign placements, including advance construction
signs (if not previously approved) and speed limit signs; method, length and time duration for lane
closures, and location of flag persons.
(2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to:
construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades;
cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain
traffic control devices may be used for more than one operation or phase. However, all devices
required for any particular phase must be detailed and tabulated for each phase.
(3) Number of flaggers to be used.
(4) Parking Restrictions to be in effect.
Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is
to be made. Such approval does not relieve the Contractor of liability specifically assigned to him under this
contract.
Parking Restriction Plans shall be submitted and approved which show the location and quantity of "NO
PARKING" signs, the date to be placed, and the date to be removed. The plans shall be prepared on City
supplied forms. The Parking Restriction Plans shall be submitted to the Engineer by 8:00 a.m., two working
days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and
Tuesday shall be submitted the previous Friday by 8:00 a.m.) All plans shall be delivered to City Engineering,
281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start
until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan
shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and
materials at that location, with no adjustment in the contract time. The cost for preparing and submitting the
traffic control plan shall be included in the contract unit price for Traffic Control Supervisor.
Subsection 614.21 shall be revised as follows:
Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall
possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic
Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor.
(Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City
representative, for each TCS utilized on this project.)
One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as
a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week
prior to commencement of the work. The Head TCS shall be on site at all times during the construction when
payment is made under the contract unit price for Traffic Control Supervisor per day. When the TCS is being
paid under the TCS per hour item, time spent on site may be modified by the City Representative, as needed,
based on the size and complexity of the project, location of work, duration of the project, traffic factors,
weather, and roadway characteristics.
The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour
SECTION 00410
BID BOND
N W ]:, MEN BY THESE PRESENTS: that. we, the undersigned
(ompnny as Principal, and _ Employers Mutual Casualty 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 bme
_id for the paynt of which, well and
truly to b? made, we hereby jointly and severally bind ourselves, successors, and
assigns.
THE CONDITION of this obligation is such that whereas the Principal has
submitted E:o the City of Fort Collins, Colorado the accompanying Bid and hereby
made a pare: hereof to enter into a Construction Agreement for the construction of
Fort Collins Project, WEST ELIZABETH BIKE LANE IMPROVEMENTS; BID NO, 5850.
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
accoriance 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
liabi-ity 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.
`urety Companies executing bonds must be authorized to transact business in the
:,fate of Colorado and be accepted by t_he OWNER,
7/56 Section 00410 Page 2
WEST ELIZ,ABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-W
PROJECT CODE 14076
March 31, 2004
pay unit for TCS. It is the intent of the specifications that the Head TCS be the same throughout the project. If
the Head TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks
notice and qualifications shall be submitted for approval for the replacement.
The Head TCS will not be paid for separately but shall be included in the cost of the Traffic Control (LS) item.
The TCS's duties shall include, but not be limited to:
(1) Preparing, revising and submitting Traffic Control Plans as required. City of Fort Collins fees for each
plan submitted $35, re -submittal $10. (Review fees will not be measured or paid for separately, but
shall be considered incidental to the Work.)
(2) Direct supervision of project flaggers.
(3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers.
(4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school
districts and other affected agencies and parties prior to construction. Typed hand delivered
notification to all businesses and residents at least 24 hours prior to construction. (The notification of
residents and businesses may be accomplished by a representative of the TCS.)
(5) Maintaining a project traffic control diary which shall become part of the City's project records.
(6) Inspecting traffic control devices on every calendar day for the duration of the project.
(7) Insuring that traffic control devices are functioning as required.
(8) Overseeing all requirements covered by the plans and specifications which contribute to the
convenience, safety and orderly movement of traffic.
(9) Flagging.
(10) Setting up traffic control devices.
Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing
letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on
lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access
restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters
will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work.
Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a
minimum of 24 hours prior to the commencement of work. (Note: The time frame criteria for distributing
letters is the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters will
not be paid for separately but shall be included in the cost of the Traffic Control (LS) item.
Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make
arrangements so that the Traffic Control Supervisor or their approved representative will be available on every
working day, "on call" at all times and available upon the Engineer's request at other than normal working
hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the
contract unit price for Traffic Control Supervisor.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
February 26, 2004
The TCS(s) will not be measured and paid for separately but shall be included with the cost of the item "Traffic
Control" Time spent maintaining signs on the weekends, holidays, bad weather days, and other days the
Contractor does not work shall be included in the unit prices for the equipment. Time spent setting up
equipment, modifying equipment, maintaining equipment, and picking up equipment shall be included in
the unit prices for "Traffic Control'.
All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor.
The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic
Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway
construction, available at all times.
Subsection 614.23 shall be revised as follows:
All Construction Traffic Control items including flagging, signs, barricades, drums, cones, Traffic Control
Supervisor, and preparation of Traffic Control plans and Methods of Handling Traffic will not be measures
separately but shall be included in the cost of the item "Construction Traffic Control".
Subsection 614.24 shall be revised as follows:
Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of all
construction traffic control devices necessary to complete the work. All construction traffic control devices,
which are not permanently incorporated into the project, will remain the property of the Contractor.
Pay Item Unit
614 Construction Traffic Control Lump Sum
Flaggers and flagger hand signs will not be measured and paid for separately, but shall be included in the work.
The flaggers shall be provided with electronic communication devices when required. These devices will not be
measured and paid for separately, but shall be included in the work.
The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but
will be considered subsidiary to the item.
Sand bags will not be measured and paid for separately, but shall be included in the work.
The Contractor may provide larger construction traffic signs than those typically used in accordance with the
MUTCD, if approved; however, payment will be made for the typical panel size.
The City shall not be responsible for any losses or damage due to theft or vandalism.
SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS
NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060 February 26, 2004
PROJECT CODE 14076
ENGINEER IN WRITING.
NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDING THOSE LISTED ABOVE, WILL
BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE
ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE
COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE
PUBLIC THROUGH THE MEDIA.
SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS
NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE
TRAFFIC CONTROL PLANS.
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 614 AND 630
RETROREFLECTIVE SIGN SHEETING
Sections 614 and 630 of the Standard Specifications are hereby revised for this project as follows:
February 26, 2004
In subsection 614.04, first paragraph, delete the second sentence and replace with the following:
Retroreflective sheeting shall be type III and shall conform to subsection 713.04 and 713.06 when applicable.
In subsection 614.07, first paragraph, delete the second sentence and replace with the following:
Retroreflective sheeting shall be type III and shall conform to subsection 713.04.
In subsection 630.02, delete the third paragraph and replace with the following:
Retroreflective sheeting shalt be one of the types specified for the particular application in Table 630-1.
Table 630-1
Sheeting
Type III
Type VI
Fluorescent t
Application
Work Zone
Work Zone
Work Zone
All Orange Construction Signs
X
(Including Roll -up Signs)
Barricades (Temporary)
X
Vertical Panels
X
Flaggers Stop/Slow (May include
flashing light approved under
SHRP product # 3016)
X
Drums 2
X
Non orange Fixed support signs
with prefix "W '
X
X
Special warning signs
X
X
STOP sign (R 1-1)
YIELD sign (RI-2)
WRONG WAY sign (R5-I a)
DO NOT ENTER sign (R5-1)
EXIT sign (E5-1a)
X
DETOUR sign (M4-9) or (M4-10)
X
All other fixed support signs 3
X
All other signs which use is
limited to working hours only
X
X
X
t Fluorescent sheeting shall be of a type that is on the Colorado Approved Products List,
2 Drum sheeting shall be manufactured for flexible devices.
' 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, "Typical Ground Sign Placement', unless otherwise approved.
WEST ELIZABETH BIKE LANES
FEDERAL Am PROJECT AQC M455-060
PROJECT CODE 14076
REVISION OF SECTION 623
IRRIGATION
Section 623 of the Standard Specifications is hereby revised for this project as follows:
March 31, 2004
Modify all Specification Section 623 paragraphs to replace "Engineer" with "authorized City of
Fort Collins representative".
Append to Section 623.02 General to include the following additions:
The irrigation system shall be constructed using the bubblers, valves, piping, fittings, controllers, wiring,
and other components, of sizes and types as shown on the drawings and as called for in the details and
these specifications. The system shall be constructed to grades and conform to areas and locations as
shown on the drawings.
Modify Section 623.04 Automatic Controllers as follows:
The automatic controller shall be Irritrol MC-PlusB series as indicated on the drawings to conform with
City of Fort Collins streetscape irrigation maintenance standards. Provide one Eicon Model P-30 pigtail
wiring harness for each 12 station segment of the controller terminal strip.
Provide stainless steel controller enclosure assembly with wiring sub -assembly as detailed. Provide rain
shut-off device and mount to exterior of controller enclosure as detailed. Seal all controller enclosure
penetrations to be water -tight.
Provide copper -clad grounding rod and copper grounding plate at controller as detailed and as
recommended by the controller manufacturer. Use Cadweld connections or approved equal. Provide
grounding components as required to provide a maximum of 6 Ohms resistance to ground.
Disregard Section 623.05 Remote Control:
Radio remote control transceiver is not specified under this contract work.
Modify Section 623.07 Sprinkler Heads as follows:
Replace references to "Sprinkler Heads" and "Spray heads" with "Bubblers" throughout this
specification section.
Append paragraph (a)(4) to add the following: Delete all references to sprinklers for turf. Add the
following in place of spray head reference, "Pop-up bubblers shall be at least 150 mm (6 inches)".
Disregard Section 623.08 Flow Sensor:
Flow sensors are not specified under this contract work.
Disregard Section 623.09 Drip Emitters:
Drip emitters are not specified under this contract work.
Page 1
WEST ELIZABETH BIKE LANES March 3 t, 2004
FEDERAL Am PROJECT AQC M455-060
PROJECT CODE 14076
Modify Section 623.10 Plastic Pipe and Fittings as follows:
Replace paragraph (b) Lateral Line Pipe with the following: Use rigid, unplasticized polyvinyl chloride
(PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting
the requirements of Cell Classification 12454-A or 12454-13, ASTM Standard D1784, with an integral
belled -end suitable for solvent welding. Use Class 200, SDR-21, rated at 200 PSI, conforming to the
dimensions and tolerances established by ASTM Standard D2241. Use solvent weld pipe for lateral pipe.
Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564,
of a type approved by the pipe manufacturer.
Use Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and D1784.
Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564.
Disregard paragraph (c) Drip Lateral Line Pipe and Capillary Tubing:
Drip irrigation is not specified for this project.
Modify paragraph (d) Swing Joint Assembly as follows:
Swing joint assemblies shall be as shown on details.
Modify Section 623.11 Valves as follows:
Modify paragraph (b) Quick Coupling Valves as follows:
Replace the first sentence to read "The quick coupler valve shall have a one-piece brass body, a non -
shock cold water rating of at least 862 kPa (125 PSI), and DN 25 (1 inch) female pipe threads at the
base."
Disregard paragraphs (c) Drip Pressure Reducing Valve, (d) Mainline Pressure Reducing Valve, and (e)
Manual Drain Valves:
None of these components is specified for this project.
Modify paragraph (f) Mainline Isolation Valves as follows:
Mainline Isolation Valves shall be as shown on details.
Add new paragraph (g) Master Control Valve Assembly as follows:
Master Control Valve shall be solenoid actuated, normally -closed configuration as shown on details.
Disregard Section 623.13 Strainer:
Strainer components are not specified under this contract work.
Append to Section 623.14 General to include the following additions:
The plans indicate a detailed layout of irrigation lines, laterals, and bubbler locations, however some of
the piping may be shown diagrammatically outside of the planting areas for graphic clarity. The
contractor shall follow the intent of the plan layout and shall review and obtain written approval from the
authorized City of Fort Collins representative for any requested changes.
Disregard Section 623.20 Drip Systems:
Drip irrigation is not specified under this contract work.
Page 2
WEST ELIZABETH BIKE LANES March 31, 2004
FEDERAL Am PROJECT AQC M455-060
PROJECT CODE 14076
Modify Section 623.28 Final Landscape Acceptance as follows:
Delete the second sentence regarding "Flow" and "CDOT `Central Computer"' — these items do not
apply to this project.
End of Section 623 — Irrigation System
Page 3
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
FORCE ACCOUNT ITEMS
DESCRIPTION
March 31, 2004
This special provision contains the Division's estimate for force account items included in the Contract. The
estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the
performance and payment bonds. Force Account work shall be performed as directed by the Engineer.
BASIS OF PAYMENT
Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all
work necessary to complete the item.
Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply
with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the
Contractor.
Estimated
Force Account Item
Quantit
Amount
F/A Minor Contract Revisions
F.A.
$ 0.00
F/A On -the -Job Trainee
Hour
$ 0.00
F/A OJT Colorado Training Program
F.A.
$ 200.00
WEST ELIZABETH BIKE LANES
FEDERAL AID PROJECT AQC M455-060
PROJECT CODE 14076
PART 4
COLORADO
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISIONS
WEST ELIZABETHBIKE LANE IMPROVEMENTS
STANDARD SPECIAL PROVISIONS
March 31, 2004
Date No. of Pages
Revision of Section 101-Holidays
(May 31, 2001)
1
Revision of Sections 101 and 105 - Duties of the Engineer
(Nov. 5, 1999)
1
Revision of Sections 101 and 108 - Workplace Violence
(March 15, 2002)
1
Revision of Section 105 - Conformity with Plans and Specifications
(Oct. 14, 2003)
4
Revision of Sections 105 and 618 - Contractor Submittals
(June 6, 2002)
1
Revisions of Sections 106 and 620 - Qualification of Testing Personnel and Laboratories
(Oct. 4, 2001)
1
Revision of Sections 107 and 412 - Concrete Washout Containment
(March 11, 2004)
1
Revision of Section 108 - Project Schedule
(March 4, 2002)
2
Revision of Section 108 - Subletting of Contract
(Sept. 6, 2002)
1
Revision of Section 109-Adjustments for Changes in Common Carrier Rates
(May 31, 2001)
1
Revision of Section 109 - Measurement of Quantities
(July 21, 1999)
1
Revision of Section 109 - Partial Payments
(Oct. 5, 2000)
2
Revision of Section 209-Dust Palliatives
(May 31, 2001)
1
Revision of Section 401 - Composition of Mixtures
(Oct. 22, 2003)
4
Revision of Section 401 - Plant Mix Pavements - General
(Oct. 14, 2003)
3
Revision of Section 401 - Weather Limitations and Placement Temperatures
(March 4, 2002)
2
Revision of Section 601 - Structural Concrete
(June 13, 2003)
13
Revision of Section 630 - Construction Zone Traffic Control
(Nov. 30, 2000)
4
Revision of Section 630 - Method of Handling Traffic
(Oct. 14, 2003)
1
Revision of Section 630 - NCHRP 350 Requirements
(Sept. 26, 2000)
1
Revision of Section 701 - Hydraulic Cement
(March 6, 2003)
2
Revision of Section 702 - Asphalt Emulsions
(Oct. 14, 2003)
3
Revision of Section 702 - SuperPave PG Binders
(Jan. 16, 2004)
1
Revision of Section 703 - Aggregate for Plant Mix Pavements
(Oct. 14, 2003)
2
Revision of Section 703 - Concrete Aggregates
(March 6, 2003)
1
Affirmative Action Requirements - Equal Employment Opportunity
(July 21, 1999)
10
Disadvantaged Business Enterprise - Definitions and Requirements
(Dec.20, 2002)
11
Minimum Wages Colorado,
U.S. Department of Labor General Decision Numbers C0030014 and C0030015,
Mod 2 Highway Construction, Statewide
(Mar. 5, 2004)
8
Required Contract Provisions - Federal -Aid Construction Contracts
(July 21, 1999)
11
Special Notice to Contractors
(Jan. 17, 2003)
4
May 31, 2001
REVISION OF SECTION 101
HOLIDAYS
Section 101 of the Standard Specifications is hereby revised for this project as follows:
Subsection 101.32, first paragraph, shall include the following:
Cesar Chavez Day
In subsection 101.32, delete the second paragraph and replace with the following:
When New Year's Day, Cesar Chavez Day, Independence Day, or Christmas Day falls on a Sunday, the
following Monday shall be considered a holiday. When one of these days falls on a Saturday, the preceding
Friday shall be considered a holiday.
IN WITNES::: WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this 27th day of April , 20_[ and such of them as are
corporati<:ns have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set forth
above.
PRINCIPAL
Name: G. L. Hoff Company
Address: 1815 W. 12th St.
Loveland, 80537
By: --
Title:-
ATTEST:
�j
By ----
(SEAL)
7/96
SURETY
Employers Mutual Casualty Company
P.O.-Box 370010
Denver, CO 80237
By:
Title: Attorney -in -Fact
(SEAL)
Section 00410 Page 3
November 5, 1999
REVISION OF SECTIONS 101 AND 105
DUTIES OF THE ENGINEER
Sections 101 and 105 of the Standard Specifications are hereby revised for this project as follows:
Delete subsection 101.47 and replace with the following:
101.47 Project Engineer. The Chief Engineer's duly authorized representative who may be a
CDOT employee or an employee of a consulting engineer (consultant) under contract to CDOT as
defined below:
(a) CDOT Project Engineer. The CDOT employee, assigned by the Resident Engineer, who is
the Chief Engineer's duly authorized representative. The CDOT Project Engineer is in direct
charge of the work and is responsible for the administration and satisfactory completion of the
project under contract.
(b) Consultant Project Engineer. The consultant employee under the responsible charge of the
consultant's Professional Engineer who is in direct charge of the work and is responsible for the
administration and satisfactory completion of the project. The Consultant Project Engineer's
duties are delegated by the CDOT Resident Engineer in accordance with the scope of work in
the consultant's contract with CDOT. The Consultant Project Engineer is not authorized to -sign
or approve Contract Modification Orders.
Add Subsection 101.85 as follows:
101.85 CDOT Resident Engineer. The Resident Engineer is directly responsible for the overall
administration of assigned construction projects. Unless the CDOT Project Engineer is a
Professional Engineer, the Resident Engineer is CDOT's full time engineer in responsible charge of
the project. The Resident Engineer will delegate authority to Project Engineers consistent with their
experience and abilities. Only a CDOT Resident Engineer can approve and sign vouchers for
interim and final Contractor pay estimates. Only a CDOT Resident Engineer can authorize and sign
changes to the Contract if the Project Engineer is a Consultant Employee.
Delete subsection 105.09 and replace with the following:
105.09 Authority and Duties of the Project Engineer. The Project Engineer has immediate
charge of the administration and engineering details of each construction project. The Project
Engineer has the authority to exercise all duties and responsibilities of the Engineer contained in
the Contract, except those specifically retained by the Chief Engineer. The CDOT Project Engineer
and the CDOT Resident Engineer are the only representatives of the Chief Engineer authorized to
sign Contract Modification Orders. The Project Engineer is responsible for initial decisions relating
to Contractor claims for additional compensation or extension of contract time filed pursuant to
subsection 105.17.
March 15, 2002
REVISION OF SECTIONS 101 AND 108
WORKPLACE VIOLENCE
Sections 101 and 108 of the Standard Specifications are hereby revised for this project as follows:
Add subsection 101.86 as follows:
101.86 Workplace Violence. Workplace violence is conduct in the workplace against employees,
employers, or outsiders committed by persons who either have an employment related
connection with CDOT, or is a contractor working on a CDOT project. This conduct includes:
(1) Physical acts against persons or their property, or against CDOT or Contractor property that
are perceived to be harmful or threatening.
(2) Veiled or direct verbal threats, profanity, or vicious statements or gestures that are meant to
harm or create a threatening or intimidating work environment.
(3) Written threats, profanity, vicious cartoons or notes that are meant to create a threatening or
intimidating environment
(4) Any other acts that are perceived to be threatening or intended to injure or convey hostility.
Add subsection 108.051, immediately following subsection 108.05, as follows:
Any representative or employee of the Contractor, or any subcontractor, who commits an act of
workplace violence on the project shall be sanctioned as provided by the Contractor's employment
policies and, where appropriate, shall be reported to law enforcement authorities. At the request of
either the Contractor or the Engineer, the Engineer and the Contractor shall meet to discuss appropriate
actions to be taken against the representative or employee. Appropriate action may include removing
the representative or employee from the project. If removal is warranted and the Contractor fails to
remove the representative or employee, the Engineer may suspend the work by written notice until
compliance is achieved.
October 14, 2003
1
REVISION OF SECTION 105
CONFORMITY WITH PLANS AND SPECIFICATIONS
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 105.03 and replace with the following:
105.03 Conformity with Plans and Specifications. All work performed and all materials furnished shall
conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown
in the Contract.
For those items of work where working tolerances are not specified, the Contractor shall perform the work in a
manner consistent with reasonable and customary manufacturing and construction practices.
When the Engineer finds that the materials furnished, the work performed, or the finished pro uct does not
conform with the Contract but that reasonably acceptable work has been produced, the EnginTer will determine
the extent the work will be accepted and remain in place. If accepted the Engineer will (1) document the basis for
acceptance by Contract Modification Order which will provide for an appropriate reduction in the Contract price for
such work or materials not otherwise provided for in this subsection or (2) notify the Contractor in writing that the
Contract unit price will be reduced in accordance with this subsection when P is 25 or less, or (3) in lieu of a price
reduction, permit correction or replacement of the finished product provided the correction or replacement does
not adversely affect the work.
When the Engineer finds the materials furnished, work performed, or the finished product are not in conformity
with the Contract and has resulted in an inferior or unsatisfactory product, the work or materials shall be removed
and replaced or otherwise corrected by and at the expense of the Contractor.
If asphalt cement testing demonstrates that asphalt cement was acid modified or alkaline modified, the supplier
will be automatically decertified. In addition, all material placed containing the acid modified or alkaline modified
asphalt cement shall be removed and replaced with specification material at no cost to the department.
Materials will be sampled and tested by the Department in accordance with the sampling and testing schedules
and procedures contained in the Department's Field Materials Manual. The approximate maximum quantity
represented by each sample will be as set forth in the schedules. An additional number of samples in relation to
the quantity of material represented may be selected and tested at the Engineer's discretion. The quantity
represented by five consecutive random samples will constitute a lot whenever production schedules and material
continuity permit. The Engineer may establish a lot consisting of the quantity represented by any number of
consecutive random samples from one to seven inclusive when it is necessary to represent short production runs,
significant material changes, or other unusual characteristics of the work. Tests that are determined to have
sampling or testing errors will not be used.
Materials or work will be evaluated for price reduction only when deviations from specifications occur on any of
the several individual tests for the lot. The several individual test values will be averaged and the percent of price
reduction for the lot will be determined by applicable formula.
The formula in (a) and (b) below will be used only when the lot is represented by three to seven tests inclusive.
(a) The formula, P = (Xn + aR- Tu)F., will be used if a maximum limit only is specified or; when the average of
the several test values is above the mid point of the specification band or above the job -mix formula value.
(b) The formula, P = (TL + aR- Xn)F. will be used if a minimum limit only is specified or; when the average of the
October 14, 2003
2
REVISION OF SECTION 105
CONFORMITY WITH PLANS AND SPECIFICATIONS
several test values is below the mid point of the specification band or below the job -mix formula value.
(c) When the lot is represented by fewer than three tests, the materials will be evaluated for price reduction by
the following procedure: Lots represented by two tests will be divided into two separate lots represented by
one test each, as determined by the Engineer. Each lot which deviates from the specifications will be price
reduced by one of the following formulae. When a maximum limit only is specified or the test value is above
the maximum specified limit, the formula P = 0.76. (To-Tu)F will be used. When a minimum limit only is
specified or the test value is below the minimum specified limit, the formula P = 0.76(TL-To)F will be used.
When a lot is represented by one test only, the materials will be evaluated for price reduction as described in
this paragraph.
Where:
"P" is the percent of reduction in contract price,
"Xn" is the average of the several test values from samples taken from the lot, with "n" indicating the number
of values,
"a" is a variable factor to be used in "n" changes according to the following: when n is 3, a = 0.45; n is
4, a = 0.38; n is 5, a = 0.33; n is 6, a = 0.30; and n is 7, a = 0.28.
"R" is the difference between the highest and lowest values in the group of several test results from the
lot,
"Tu" is the upper or maximum tolerance limit permitted by the specifications,
"TL" is the lower or minimum tolerance limit permitted by the specifications, and
"To" is the test value of the test which deviates from the specifications,
"F" is price reduction factor to be applied for each element as shown in the following table:
TABLE OF PRICE REDUCTION
FACTORS
Element., ............................. ...... ................................................................... ........... ..... Factor "F„
100 percent size sieve.....................................................................................................................
1
12.5 mm (1/2") sieve and larger ......................................... ........................ ..................................�...
1
150 am (No. 100) sieve to 9.5 mm (3/8") sieve
inclusive (except 100 percent size sieve)........................................................................................
3
75 am (No. 200) sieve...............................:....................................................................................
6
75 am (No. 200) sieve (cover coat material)................................................................................
25
Compaction, bituminous mixtures (Sections 301 and 403).............................................................
7
LiquidLimit.......................................................................................................................................
3
PlasticityIndex...............................................................................................................................
10
Asphalt content, (all asphalt- aggregate mixtures)........................................................................
20
Asphaltpenetration..........................................................................................................................
1
Asphaltresidue................................................................................................................................
3
Portland Cement Concrete Pavement Fine Aggregate Sand Equivalent .....................................
0.3
HydratedLime Gradation..............................................................................................
0.3
Toughness, inch -pounds, minimum................................................................................
0.8
Tenacity, inch -pounds, minimum....................................................................................
0.8
Elastic Recovery, 25"C, percent minimum.....................................................................
1.25
Ductility, 40C (5cm/min) cm, minimum...........................................................................
1.25
If P is less than 3, or a negative quantity, the material will be accepted as being in conformity. In cases where one
or more elements show a positive P value, such positive values will be added and the resulting sum will be used
to determine whether the material is in conformity. If the total P value is between 3 and 25, the Engineer may
October 14, 2003
3
REVISION OF SECTION 105
CONFORMITY WITH PLANS AND SPECIFICATIONS
require correction or may accept the material at a reduced price. If P is greater than 25, the Engineer may: (1)
require complete removal and replacement with specification material at no additional cost to the Department; (2)
require corrective action to bring the material into conformity at no additional cost to the Department; or (3) where
the finished product is found to be capable of performing the intended purpose and the value of the finished
product is not affected, permit the Contractor to leave the material in place with an appropriate price reduction to
be based on engineering evaluation but not to be less than that which would have occurred had a reduction been
made where P = 25.
If the P for aggregate gradation for Items 206 or 304 is 3 or greater the reduction will apply to the contract price
multiplied by the Multipliers (M) listed in the following table.
Multiplier for Price Reductions for Miscellaneous Items
Item Number -Name Element Multiplier M
206- Structural Backfill Gradation 0.60
304-Aggregate Base Course Gradation 0.60
If the P for gradation, asphalt cement content, or compaction for Items 301 or 403 is 3 or greater and asphalt
cement is not paid for separately, the reduction will apply to the contract price multiplied by the following Multiplier
(M) listed in the following table:
Multiplier for HBP Price Reductions
Where Asphalt Cement is not Paid for Separately
Item Number -Name
Element
Multiplier M
301-Plant Mixed Bituminous Base
Gradation, Asphalt Cement
Content, or Compaction
0.60
403-Stone Mastic Asphalt
0.60
403-Hot Bituminous Pavement'
Hydrated Lime Gradation
0.60
vacua wi 11yU1 aicu i1mu zsnau ue appuea to the price or the HBF' item. Lime gradation P values will not be
combined with Pay Factors for other elements
The following equation shows how the Multiplier is used to determine the price reduction.
Price reduction = (P/100) X Multiplier X Price per Unit X Quantity.
If no multiplier is listed no adjustment to the computed P is required. This is equivalent to a multiplier of one.
Price reduction for those elements which are not included in the Table of Price Reduction Factors will be
determined by the Engineer.
Superpave Performance Graded Binders. Superpave Performance Graded binders shall be price reduced
according to the following if the requirements of subsection 702.01 are not met:
(1) High Service Temperature Requirements from Table 702-3
The Dynamic Shear (G"/sinb, kPa) of Rolling Thin Film Oven (RTFO) residue will be measured at the
appropriate temperature for the binder type, as specified in Table 702-3. If the Dynamic Shear of the RTFO
aged binder is less than 2.20 kPA, the temperature at which G'/sinb = 2.20 kPa will be determined. A ❑P❑
of 3 shall be applied for each degree C the material temperature must be lowered below the specified
October 14, 2003
4
REVISION OF SECTION 105
CONFORMITY WITH PLANS AND SPECIFICATIONS
temperature to achieve a Dynamic shear of 2.20 kPa. Price adjustments for high service temperature
properties will be calculated as follows:
P(high)= 3 A [TsPec - TDs]
Where TDs = Temperature in °C where G'/sin = 2.20 kPa
TsPec= Appropriate test temperature in °C for binder specified from Table 702-2
(2) Low Service Temperature Requirements from Table 702-2:
The m-value of Pressure Aging Vessel (PAV) aged binder will be measured at the appropriate temperature
(TsPec) as specified in Table 702-2. If the m-value is less than 0.300, the test temperature at which the m-
value = 0.300 will be determined. A"P" of 3 shall be applied for each degree C the material temperature
must be raised above the specified test temperature to achieve an m-value of 0.300. Price adjustments for
low service temperature properties will be calculated as follows:
P(low) = 3 & [Tm - TsPec]
Where T. = Temperature in °C where m-value = 0.300
TsPec Appropriate test temperature in °C for binder specified from Table 702-2
(3) The price reductions will be cumulative. When the binder is included in the contract unit price for HBP, the
total price reduction will be calculated as follows:
P(total) = P(low)+P(high)
Amount of Reduction = [P(total)] A [(1/100) &A (Invoice price for PG Binder)]
When binder is paid for separately, the total price reduction will be calculated as follows:
P(total) = P(low)+P(high)
Amount of Reduction = [P(total)] A [(1/100) & (Contract Unit price for PG Binder)]
(4) Price reductions based on the "F" factors in the Table of Price Reduction Factors will be added to the P (low)
and P (high) price reductions described in 105.03. Other binder requirements listed in Table 702-2 will be
tested, but will not be considered for price reduction calculations. However, the Contractor shall not be
allowed to continue to produce mix with out of specification Superpave PG asphalt binder. If two consecutive
samples fail to meet all requirements listed in 702-2, the Contractor shall take corrective action before being
allowed to continue production of Hot Bituminous Pavement. If proper corrective measures cannot be readily
determined, the Engineer will suspend the use of such material until the Engineer can determine from
Laboratory tests that the Contractor can provide material that is in compliance with Table 702-2.
The Contractor will not have the option of accepting a price reduction in lieu of producing specification material.
Continued production of non -specification material will not be permitted. Material which is obviously defective
may be isolated and rejected without regard to sampling sequence or location within a lot.
June 6, 2002
REVISION OF SECTIONS 105 AND 618
CONTRACTOR SUBMITTALS
Sections 105 and 618 of the Standard Specifications are hereby revised for this project as follows:
In subsection 105.02, delete Table 105-1 and replace with the following:
TABLE 105-1
SUMMARY OF CONTRACTOR ci IMRAMTAi c
SECTION
NO.
DESCRIPTION
TYPE
CONTRACTOR
P.E. SEAL
REQUIRED?
504
MSE Walls (Contractor Alternative)
Shop Drawing
Yes
504
MSE Walls (Default Design)
Shop Drawing
No
508
Timber Structures
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: 0-100 mm (04")
Working Drawing
No
518
Expansion Devices: 0-150, 225, 300... mm (0-6", 9",
12"..
Shop Drawing
Yes
601 & 618
Precast Panel Deck Forms
Working Drawing
No
601
Permanent Steel Bridge Deck Forms
Working Drawing
Yes
601
Falsework
Working Drawing
Yes
602
Reinforcing Steel
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
*A PE seal is required where the Contractor has provided the design for the item, or performed engineering to
modify the details shown on the plans. The PE seal is not required where complete details are provided on the
plans.
Subsection 618.04 (a) shall include the following:
Minor changes to design details or engineering drawings that do not represent a significant change to the original
design will not require a Professional Engineer seal. The Contractor shall submit supporting calculations for these
changes along with the shop drawings.
REVISION OF SECTIONS 106 AND 620 October 4, 2001
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 Procedure 10.
Subsections 620.03 and 620.04 shall include the following:
Each laboratory shall be qualified in accordance with Colorado Procedure 10.
March 11, 2004
REVISION OF SECTIONS 107 AND 412
CONCRETE WASTEWATER CONTAINMENT
Sections 107 and 412 of the Standard Specifications are hereby revised for this project as follows
Delete subsection 107.25(a) 3 and replace with the following:
3. State Waters. Based on 25-8-103 (19) CRS, state waters are defined to be any and all surface and subsurface
waters which are contained in or flow through the state, including, streams, rivers, lakes, drainage ditches, storm
drains, ground water, and wetlands, but not including waters in sewage systems, waters in treatment works or
disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and
treatment have been completed.
Subsection 107.25(b)11 shall include the following:
Removal of concrete waste and washout water from mixer trucks, concrete finishing tools, concrete saw and all
concrete material removed in the course of construction operations or cleaning shall be performed in a manner
that prevents waste material from entering state waters. A minimum of 10 days prior to the start of concrete
operations, the Contractor shall submit in writing a method for containing concrete wastewater to the Engineer for
approval.
Subsection 412.07(c) shall include the following:
Wastewater generated from concrete saw operations shall be contained and disposed of in accordance with
subsection 107.25.
Subsection 412.12 shall include the following:
Wastewater generated from concrete finishing operations shall be contained and disposed of in accordance with
subsections 107.25.
March 4, 2002
-1-
REVISION OF SECTION I08
PROJECT SCHEDULE
Section 108 of the Standard Specifications is hereby revised for this project as follows:
In subsection 108.01, first paragraph, delete the last two sentences and replace with the following:
A CPM schedule will be required unless the Commencement and Completion of work special provision allows a bar
chart schedule. The Schedule shall show all work completed within the contract time.
In subsection 108.03, the second paragraph shall include the following:
For CPM schedules, all required schedules and reports shall also be submitted electronically on 3 `/z-inch floppy disk or
compact disk.
In subsection 108.03, third paragraph, delete the first sentence and replace with the following:
The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work.
Subsection 108.03(c), shall include the following:
The Contractor shall use either Microsoft Project or Primavera Scheduling software to develop and manage the Critical
Path Method Schedule. The Contractor shall notify the Project Engineer in writing, when submitting the first schedule
which software, will be used. This choice cannot be changed after the first schedule submittal. When the Contractor
uses Primavera -scheduling software, the Engineer may request an additional electronic copy of all required schedules
and reports converted to the Microsoft Project format on 3%s-inch floppy disk or compact disk, for information only.
This additional information shall be submitted with all schedule submittals and updates. The Contractor shall perform
all work required to ensure that the Microsoft schedule accurately reflects the planned schedule and progress.
In subsection 108.03(c), after the fourth paragraph, delete items (1), (2), and (3) and replace with the following:
(1) Initial Schedule, The Initial Schedule shall include all necessary detail for procurement, construction and
submittal activities required during the first 90 days of contract time. In addition, the Initial Schedule shall
include a very basic group of activities that describes the time period after the 90th day of contract time and
through the completion of the project. Only salient features and other significant activities will be required for the
period after the first 90 days of contract time. The 15-calendar day activity duration limit will not apply to the
portion of the Initial Schedule beyond the first 90 days of contract time. This submittal shall include a Time
Scaled Logic Diagram.
(2) Project Schedule. The Project Schedule submittal shall consist of a Time Scaled Logic Diagram Schedule Report.
It shall be prepared in full and submitted to the Engineer within 45 calendar days after the Engineer's acceptance
of the Initial Schedule. The Engineer's review of the Project Schedule will not exceed 7 calendar days. Revisions
required as a result of the Engineer's review shall be submitted within 7 calendar days. Work shall not continue
beyond 90 calendar days after the start of Contract Time until the Project Schedule is accepted in writing, unless
otherwise approved by the Engineer.
The Project Schedule shall cover the time from the Date of Notice to Proceed to the predicted completion date.
The Schedule Report shall tabulate for each activity the activity ID, description, duration, earliest start and finish
date, latest start and finish date, total float time, predecessor and successor activities, and responsibility.
(3) Schedule Updates. The Contractor shall update the Initial Schedule or the Project Schedule monthly to reflect
actual construction progress of all work activities on the project. Updates shall show the previous month's progress
and a projection for all remaining work activities on the project.
Schedules shall be updated as of the cutoff date for the monthly progress pay estimate and submitted to the
Engineer before the payment of the progress pay estimate is approved.
No Text
March 4, 2002
-2-
REVISION OF SECTION 108
PROJECT SCHEDULE
Each of the diagrams, charts, and reports shall comply with the requirements for the Project Schedule above,
except that they shall also include the actual completion dates and percentages of completion for the appropriate
activities.
A Job Progress Narrative Report shall be submitted with all updates. It shall detail the description of job progress,
problem areas, current and anticipated delaying factors and their anticipated effects, impacts to job milestones or
project completion, any corrective action proposed or taken, and any minor revisions to the Schedule.
September 6, 2002
REVISION OF SECTION 108
SUBLETTING OF CONTRACT
Section 108 of the Standard Specifications is hereby revised for this project as follows:
In subsection 108.01, delete the second paragraph and replace with the following:
The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization
shall perform work amounting to 30 percent or more of the original total cost of bid items. Any items
designated in the contract as "specialty items" may be peformed by subcontract. The cost of "specialty items"
so performed by subcontract may be deducted from the original total cost of bid items before computing the
amount of work required to be performed by the Contractor's own organization.
May 31, 2001
REVISION OF SECTION 109
ADJUSTMENTS FOR CHANGES IN COMMON CARRIER RATES
Section 109 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 109.08.
REVISION OF SECTION 109 July 21, 1999
MEASUREMENT OF QUANTITIES
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.
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.
October 5, 2000
i
REVISION OF SECTION 109
PARTIAL PAYMENTS
Section 109 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 109.06(a) and replace with the following:
(a) Standard Amount Retained. The Department will make a deduction from the progress estimate in the
amount considered necessary to protect the interests of the State, pursuant to Section 24-91-103,
CRS. The amount to be retained will be 1.5 percent of the value of the completed work on items
which are performed solely by the Contractor's own forces, exclusive of mobilization and payments
for materials on hand. No retainage will be withheld from payment for completed work on items which
are partially or completely subcontracted. No further amount will be retained if the Contractor makes
satisfactory progress in the Contract work. The amount retained will be in effect until such time as
final payment is made, with the following exception which requires the Contractor's written request
and consent of the Surety: Upon completion and acceptance of the project, after the project quantities
are finalized, and the Contractor has submitted all necessary forms the Department requires for
project completion, the Engineer may make reduction in the amount retained.
Subsection 109.06 shall include the following:
(e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for 100 percent of all work
which has been satisfactorily completed within seven calendar days after receiving payment for that
work from the Department. For the purpose of this section only, work shall be considered
satisfactorily complete when the Department has made payment for the work. A determination that all
the subcontractor's work is satisfactorily complete and payment for 100 percent of the work does not
relieve the Contractor or subcontractor from any contractual obligations. The Contractor shall not
withhold retainage from payments to subcontractors or suppliers.
The Contractor shall include in all subcontracts a provision that this requirement for prompt payment
and prohibition of retainage from payments to subcontractors and suppliers must be included in all
subcontracts at every tier.
If the Contractor fails to comply with this provision the Engineer will not authorize further progress
estimates until the required payments have been made and the Contractor agrees to make payments
as specified.
(f) Good Cause Exception. If the Contractor has "good cause" to delay or withhold a subcontractor's
progress payment, the Contractor shall notify the Department and the subcontractor in writing within
seven calendar days after receiving payment from the Department. The notification shall specify the
amount being withheld and provide adequate justification for withholding the payment. The notice
shall also clearly state what conditions the subcontractor must meet to receive payment. "Good
cause" shall include but not be limited to the failure of the subcontractor to make timely submission of
required paperwork
Add subsection 109.11 which shall include the following
109.11 Compensation for an Overpayment for a Subcontracted Item on a Progress Estimate. If the
Department makes an overpayment on a progress estimate for work which has been done by a
subcontractor, and if the Contractor pays the subcontractor for this erroneous quantity and can not recover
the amount of the overpayment, the Department may compensate the Contractor for the amount of the
overpayment. Compensation will be made if the following conditions are met:
(a) The Department has corrected the overpayment and reduced the amount paid to the Contractor.
(b) All work by the subcontractor has been completed and the Contractor owes no money to the
subcontractor when the overpayment is discovered. If money is owed at the time the overpayment is
discovered, the Contractor shall deduct the amount of the overpayment before making final payment to
the subcontractor.
October 5, 2000
2
REVISION OF SECTION 109
PARTIAL PAYMENTS
(c) The Contractor has made all reasonable efforts to recover the overpayment amount and has been
unsuccessful. The Contractor shall provide documentation detailing its efforts.
After compensation by the Department for the overpayment, the Contractor shall return to the Department all
of this overpayment subsequently recovered from the subcontractor.
May 31, 2001
REVISION OF SECTION 209
DUST PALLIATIVES
Section 209 of the Standard Special Provisions is hereby revised for this project as follows:
In subsection 209.02, delete the second paragraph.
In subsection 209.05, delete the second paragraph and replace with the following:
Dust palliative shall consist of water. Application of water shall be done with acceptable sprinkling equipment at
an appropriate rate as approved by the Engineer.
In subsection 209.08, delete the third paragraph.
October 22, 2003
I
REVISION OF SECTION 401
COMPOSITION OF MIXTURES
Section 401 of the Standard Specifications is 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,
including a proposed job -mix gradation for each mixture required by the Contract which shall be wholly
within the Master Range Table in Section 703 before the tolerances shown in Section 401 are applied.
The weight of lime shall be included in the total weight of the material passing the 75 µm (No. 200) sieve.
(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.
October 22, 2003
2
REVISION OF SECTION 401
COMPOSITION OF MIXTURES
Colorado Procedure 52-01
Standard Practice for
Contractor Mix Design Approval Procedures
1. SCOPE
1.1 This method describes the procedures for mix design approval, the time required to perform the required
tests, and the cost of the testing.
2. APPROVAL OF MIX DESIGNS
2.1 Mix Designs shall be performed in conformance with CP-L 5115, CP-L 5106, and CP-L 5109 as well as
other specified Colorado, AASHTO, and ASTM procedures. Mix designs for S and SX mixes will be done using
4-inch molds. Mix designs for SG mixes will be done using 6-inch molds. A complete mix design will be required
for all mixtures placed on the project. One -point mix design verification will not be accepted.
2.2 The Contractor must submit to the Engineer three copies of the mix design on CDOT Form #429, which
contains all the information detailed in Section 3.2, and the aggregate samples, a minimum of 4 weeks prior to the
anticipated paving start date. Pursuant to Section 12-25-102(10) of the Colorado Revised Statutes all mix
designs shall be sealed by a registered Professional Engineer in the State of Colorado. The Engineer must
approve the Contractor's proposed mix design before paving may proceed. (In Region 6, the Contractor must
submit the mix design to the Region Materials Engineer for approval.) Form # 429 may be obtained through the
RME or through the Flexible Pavement Unit of the Central Lab.
2.2.1 To verify the mix design, the aggregates to be used shall be sampled in accordance with CP 30, in the
presence of the Engineer, and will be tested by the Concrete/Physical Properties Unit of the CDOT Central
Laboratory. The aggregates shall be tested for: Aggregate Specific Gravity and Absorption, (AASHTO T 84 & T
85) and Plastic Index (AASHTO T 90), and if requested by the Region Materials Engineer, Los Angeles Abrasion
(AASHTO T 96) or Micro Deval (CP-L 4211 Gradation D).
Note: If the aggregate specific gravity of the contractor's mix design is not within 0.020 of the results from the
CDOT Central Laboratory testing, the Contractor and CDOT Central Laboratory shall both recheck calculations,
retest, and/or resample as needed until the resulting mix aggregate specific gravities agree to within 0.020. The
contractor's aggregate specific gravity values will then be used to calculate the HBP mixture volumetric
properties. After the Contractor develops the mix design he may use the aggregate -test results from the CDOT
Central Laboratory as listed in Section 2.2.1 for mix development.
2.3 If all tests conform to the specifications, a CDOT Form #43 (Job Mix Formula) will be executed.
2.4 All mix design properties must satisfy Table 403-1 from the Project Special Provisions. The CDOT Form
#43 will establish construction targets for Asphalt Content and all mix properties at Air Voids up to 1.0% below the
mix design optimum.
2.5 The Form # 43 shall be verified according to Section 106, (see Section 105 & 106 (Quality of Hot
Bituminous Pavement) in the Project Standard Special Provisions, part 8(d) Mix Verification testing.)
3. Mix Design Requirements
3.1 Labs and personnel providing mix designs shall comply with the requirements listed in CP 10.
3.2 It is recommended that a complete mix design consisting of test results from three trial blends (in
accordance with Superpave Mix Design SP-2) be conducted when the materials sources used in the mix design
have not been verified on past CDOT projects. A complete mix design must contain all of the following:
(1) For each aggregate stockpile:
October 22, 2003
3
REVISION OF SECTION 401
COMPOSITION OF MIXTURES
A. Aggregate sources,
B. Gradation,
C. Atterberg limits,
D. Apparent Specific gravity,
Bulk Specific Gravity,
E. Micro-Deval according to CPL 4211
F. Recycled asphalt pavement (RAP)
(1) Percent asphalt
(2) Aggregate Gradation
(3) Effective Specific Gravity (in lieu of the RAP aggregate specific gravity)
(2) Combined Aggregate Properties:
A. Percentage of each aggregate used,
B. Combined Aggregate Gradation (See #8 below), both before and after RAP use,
C. Sand Equivalent,
D. Fine Aggregate Bulk Specific Gravity,
Coarse Aggregate Bulk Specific Gravity,
F. Fine Aggregate Angularity,
G. Combined Aggregate Bulk Specific Gravity,
H. Fractured Faces,
I. Los. Angeles Abrasion,
J. Micro-Deval according to CPL 4211
K. Effective Specific Gravity.
(3) Source and grade of asphalt cement from a CDOT Certified Binder Supplier. Use the actual specific
gravity of the asphalt cement in calculations.
(4) Name and percentage of each additive.
(5) For each asphalt content tested:
A. Voids in Mineral Aggregate (VMA) @ Ndes,
B. Dust to Asphalt ratio,
C. Percent Voids Filled with Asphalt (VFA) @ Ndes,
D. Hveem Stability (@Nd..),
E. Maximum Theoretical Specific Gravity,
F. Bulk specific gravity @ N;,,,, and Ndes,
G. Air voids, Voids in Total Mix (VTM) @ N;,,;, and Ndes.
(6) Graphs of stability and air voids vs. asphalt content and VMA-VFA, Voids Filled with Asphalt, vs. Asphalt
content.
(7) Lottman and wet/dry tensile strength at optimum asphalt content.
(8) A 0.45 power plot of the proposed combined aggregate gradation, with maximum density line, restricted zone
and control points included.
4. CONTRACTOR CHECKS
4.1 If a contractor wishes to check a test result with CDOT, they should make arrangements with the Flexible
Pavement Unit or Physical Properties Unit of the CDOT Staff Materials Laboratory, depending upon the properties
(mix or aggregate) that are to be tested. The Unit will work one-on-one with the contractor, as time permits, to
improve inter -lab agreement. The testing will not be a part of the mix design process.
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors
performing over 150 of the contract.
ITEM
Traffic Control
SUBCONTRACTOR
Northern Colorado Traffic
7/96 Section 00430 Page 1
4 October 22, 2003
REVISION OF SECTION 401
COMPOSITION OF MIXTURES
5. COST OF MIX AGGREGATE TESTING
5.1 CDOT Staff Materials Laboratory will conduct one complete set of mix aggregate tests at no cost to the
Contractor upon receipt of a completed mix design submittal from the Contractor. (See Section 2.2.1) The
Contractor must pay $500 per aggregate for each subsequent set of mix aggregate tests performed by the CDOT
Staff Materials Laboratory. The Project Engineer will document the additional tests performed and the
appropriate charges will be passed through to the Contractor.
6. TIME REQUIRED FOR AGGREGATE TESTS
6.1 Reference the Laboratory Test Time table located in the Appendix of the Field Materials Manual.
7.RECORD
7.1 CDOT Form # 429 is used. It is available electronically from the Central Lab at 303-757-9724 or from the
Region Materials Engineers. See Chapter 400 for an example and instructions on the use of this form.
October 14, 2003
1
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 according to the following
method:
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.
For the above evaluation 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.
In subsection 401.14, delete (b) and replace with the following:
(b) Dry Lime Added to Wet Aggregate. The dry hydrated lime shall be added to aggregate wetted a minimum of
two percent above the surface saturated dry condition (SSD) of the blended aggregate as shown on the Form 43,
and then thoroughly mixed in an approved pugmill. The Engineer will not require the Contractor to go above five
percent total moisture, although the Contractor may elect to do so if the added water is necessary to meet the
minimum Lottman specification.
Subsection 401.14 shall include the following:
In order to ensure the required lime and water quantities are introduced, lime and water feed for lime operation
shall have control systems that change introduction rates in conjunction with changes in plant mix production.
The control systems shall be documented in the Contractor's QC Plan.
When a test for aggregate percent moisture falls below the required minimum, the Contractor will receive a
warning. When two consecutive tests for aggregate percent moisture fall below the required minimum, a follow
up test will immediately be performed. A failure on the follow up test will result in suspension of work. Production
will remain suspended until the source of the problem is identified and corrected. Each time production is
suspended, corrective actions shall be proposed in writing by the Contractor and approved in writing by the
Engineer before production may resume.
In subsection 401.16, delete the last paragraph and replace with the following:
If at any time, the Engineer observes segregated areas of pavement, he will notify the Contractor immediately
After rolling, segregated areas will be delineated by the Engineer and evaluated as follows:
2 October 14, 2003
REVISION OF SECTION 401
PLANT MIX PAVEMENTS — GENERAL
(1) The Engineer will delineate the segregated areas to be evaluated and inform the Contractor of the location
and extent of these areas within two calendar days, excluding weekends and holidays, of placement.
(2) In each segregated area or group of areas to be evaluated, the Contractor shall take five 10" cores at
random locations designated by the Engineer. In accordance with CP 75, the Contractor shall also take five
10" cores at random locations designated by the Engineer in non -segregated pavement adjacent to the
segregated area. These cores shall be within 30 feet of the boundary of the segregated area and in the
newly placed pavement. The coring shall be in the presence of the Engineer and the Engineer will take
immediate possession of the cores. The Contractor may take additional cores at the Contractors expense.
(3) Gradation of the aggregate of the cores will be determined by CDOT in accordance with Colorado
Procedure 46.
(4) The core aggregate gradations from the segregated area will be compared to the core aggregate gradations
of the corresponding non -segregated area.
(5) Two key sieves of the core gradations from the segregated area will be compared to the core gradations
from the corresponding non -segregated area to determine the difference. If differences for both key sieves
exceed the allowable difference specified in the table below, the area is segregated.
Table for Segregation Determination
Mix Grading Key Sieves Allowable Difference, %
SX #8, #4 9
S #8, #4 9
(6) Segregated areas in the top lift shall be removed and replaced, full lane width, at the Contractor's expense.
The Engineer may approve a method equivalent to remove and replace that results in a non -segregated top
lift. Segregated areas in lifts below the top lift, that are smaller than 50 square feet per 100 linear feet of
lane width, will be corrected by the Contractor at the Contractor's expense in a manner acceptable to the
Engineer. Segregated areas larger than 50 square feet per 100 linear feet of lane width in any lift shall be
removed and replaced, full lane width, by the Contractor at the Contractor's expense.
(7) If the area is determined to be segregated, the coring will be at the expense of the Contractor. If the area is
determined to be non -segregated, the Engineer shall reimburse the Contractor $2,000 for obtaining the ten
cores.
Subsection 401.17 shall include the following
The longitudinal joints shall be compacted to a target density of 92 percent of the maximum specific gravity. The
tolerance shall be ± 4 percent. Maximum specific gravity will be that shown on the Form 43 for the asphalt mix
used in construction of the joint. If two Form 43's apply to the joint material, the average of the maximum specific
gravities shown on the Form 43's will be used. Density (percent relative compaction) will be determined in
accordance with Colorado Procedure 44.
The Contractor shall obtain one 6-inch diameter core at a random location within each longitudinal joint sampling
section for determination of the joint density. The Contractor shall drill the cores at the location directed by the
Engineer and in the presence of the Engineer. The Engineer will take possession of the cores for testing. The
Contractor may take additional cores at the expense of the Contractor. Coring locations shall be centered on the
line where the joint between the two adjacent lifts abut at the surface. Core holes shall be repaired by the
Contractor using materials and methods approved by the Engineer.
Payment will apply to the hot bituminous pavement on each side of the joint that forms the joint. If a lift of
pavement has a joint constructed on both sides, payment for each of those joints will apply to one half of the
pavement between the joints.
3 October 14, 2003
REVISION OF SECTION 401
PLANT MIX PAVEMENTS — GENERAL
Subsection 401.22 shall include the following:
Coring for longitudinal joint density testing, core hole repair and associated expenses will not be paid for
separately but shall be included in the work. Traffic control for this work will be paid for in accordance with the
contract.
March 4, 2002
I
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 Temperature Limitations in °C
Compacted Layer
Thickness in
mm (inches)
Minimum Surface and Air
Temperature °C (OF)
Top
Layers Below
Layer
Top Layer
<38 (1 %2)
15 (60)
10 (50)
38 (1'/z) - <75 (3)
10 (50)
5 (40)
75 (3) or more
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
Periods Reauirina Overlav of TrPatnrt siirfacaa
Location by Elevation
Period During Which Planed or Recycled
Surfaces Must be Overlaid within Ten Days
All areas below and including 2100 m
7000 feet)
October 1 to March 1
All areas above 2100 m (7000 feet) up
to and including 2600 m(8500 feet)
September 5 to April 1
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:
March 4, 2002
2
REVISION OF SECTION 401
WEATHER LIMITATIONS AND PLACEMENT TEMPERATURES
TABLE 401-4
Asphalt Grade
Minimum Mix Discharge
Temperature, °C (OF)*
Minimum Delivered
Mix Temperature, °C (OF)**
PG 58-28
135 (275)
113 (235)
PG 64-22
143 (290)
113 (235)
PG 76-28
160 (320)
138 (280)
PG 64-28
160(320)
138 (280)
PG 58-34
149 (300)
138 (280)
1 ilu ninxuiium nix uiscnarge temperature snau not exceed the minimum discharge temperature by
more than 17 °C (30 OF) .
** 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 or PG 64-22) or modified (PG 58-34), and the
surface temperature falls below 85'C (185 OF), no further compaction effort will be permitted unless approved. If
the mixture contains modified asphalt cement (PG 76-28 or PG 64-28) and the surface temperature falls below 110
'C (230 OF), 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.
June 13, 2003
1
REVISION OF SECTION 601
STRUCTURAL CONCRETE
Section 601 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 601.02 and replace with the following:
601.02 Classification. The classes of concrete shown in Table 601-1 shall be used when specified in the
Contract.
Table 601-1 Conrraia Tnhla
Concrete
Required Field
Cement Content:
Air Content:
Water Cement
Class
Compressive
Minimum or
% Range
Ratio: Maximum
Strength
Range (kglm3)
(Total)
or Range
(MPa)
B
25 (3000 psi) at
335
5 - 8
N/A
28 days
565 Ibs! d3
BZ
30 (4000 psi) at
362
N/A
N/A
28 days
6101bs/yd3
D
30 (4500 psi) at
365 to 392
5-8
0.44
28 days
615 to 660 Ibs/yd3
DT
30 (4500 psi) at
415
5-8
0.44
28 days
700 Ibs/ d3
E
30 (4200 psi) at
392
4-8
0.44
28 days
660 Ibs/ d3
H
30 (4500 psi) at
344 to 380
5-8
0.38 - 0.42
56 days
(580 to 640
Ibs! d3
HT
30 (4500 psi) at
344 to 380
5-8
0.38 - 0.42
56 days
(580 to 640
Ibs/ d3
P
30 (4200 psi) at
392
4-8
0.44
28 days
660 Ibs/yd3
S35
35 (5000 psi) at
365 to 427
5-8
0.42
28 days
(615 to 720
Ibs! d3
S40
40 (5800 psi) at
365 to 451
5-8
0.40
28 days
(615 to 760
Ibs/yd3
S50
50 (7250 psi) at
365 to 475
5-8
0.38
28 days
(615 to 800
Ibs/yd3
Class B concrete is an air entrained concrete for general use. Class D or H concrete may be substituted for
Class B concrete. Additional requirements for Class B concrete are: Class B concrete shall have a nominal
coarse aggregate size of 37.5 mm (1'/z") or smaller, i.e., 100% passing the 50 mm (2") sieve and 90% to 100%
passing the 37.5 mm (1'/z") sieve. Approved fly ash may be substituted for portland cement up to a maximum of
20% Class C or 30% Class F by weight.
Class BZ concrete is concrete for drilled piers. Additional requirements for class BZ concrete are: Entrained air
is not required unless specified in the Contract. High range water reducers may be added at the job site to obtain
desired slump and retardation. Slump shall be a minimum of 125 mm (5') and a maximum of 200 mm (8"). Class
BZ caisson concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0
mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. Approved fly ash may be substituted for portland
cement up to a maximum of 20% Class C or 30% Class F by weight.
June 13, 2003
2
REVISION OF SECTION 601
STRUCTURAL CONCRETE
Class D concrete is a dense medium strength structural concrete. Class H may be substituted for Class D
concrete. Additional requirements for Class D concrete are: An approved water reducing admixture shall be
incorporated in the mix. Class D concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e.,
100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge
deck, Class D concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved
fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight.
Class DT concrete may be used for deck resurfacing and repairs. Class HT may be substituted for Class DT
concrete. Additional requirements for Class DT concrete are: An approved water reducing admixture shall be
incorporated in the mix. Class DT concrete shall contain a minimum of 50% AASHTO M 43 size No. 7 or No. 8
coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or
30% Class F by weight.
Class E concrete may be used for fast track pavements needing early strength in order to open a pavement to
service soon after placement. Additional requirements for Class E concrete are: Type III cement may be used.
Class E concrete shall contain a minimum of 55% AASHTO M 43 size No. 357 or No. 467 coarse aggregate. If all
transverse joints are doweled, then Class E concrete shall contain a minimum of 55% AASHTO M 43 sizes No.
57, No. 67, No. 357, or No. 467 coarse aggregate. In addition to the compressive strength requirements in Table
601-1 and unless stated otherwise on the plans, Class E concrete shall achieve a field compressive strength of 17
MPa (2500 psi) within 12 hours. Laboratory trial mix for Class E concrete must produce an average 28 day
flexural strength of at least 4482 kPa (650 psi). Approved fly ash may be substituted for portland cement up to a
maximum of 30% Class F by weight.
Class H concrete is used for bare concrete bridge decks that will not receive a waterproofing membrane.
Additional requirements for Class H concrete are: An approved water reducing admixture shall be incorporated in
the mix. Class H concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Class
H concrete shall contain cementitious materials in the following ranges: 267 - 297 kg/m3 (450 - 500 Ibs/yd3) Type
II portland cement, 53 - 74 kg/m3 (90 - 125 Ibs/yd3) flyash and 12 - 18 kg/m3 (20 - 30 Ibs/yd3) silica fume. The
total content of Type 11 portland cement, flyash and silica fume shall be 344 - 380 kg/m3 (580 - 640 Ibs/yd3).
Laboratory trial mix for Class H concrete must not exceed permeability of 2000 coulombs at 56 days (ASTM C
1202). Laboratory trial mix for Class H concrete must not exhibit a crack at or before 14 days in the cracking
tendency test (AASHTO PP 34).
Class HT concrete is used as the top layer for bare concrete bridge decks that will not receive a waterproofing
membrane. Additional requirements for Class HT concrete are: An approved water reducing admixture shall be
incorporated in the mix. Class HT concrete shall contain a minimum of 50% AASHTO M 43 size No. 7 or No. 8
coarse aggregate. Class HT concrete shall contain cementitious materials in the following ranges: 267 - 297
kg/m3 (450 - 500 Ibs/yd3) Type II portland cement, 53 - 74 kg/m3 (90 - 125 Ibs/yd3) flyash and 12 - 18 kg/m3 (20
- 30 Ibs/yd3) silica fume. The total content of Type II portland cement, flyash and silica fume shall be 344 - 380
kg/m3 (580 - 640 Ibs/yd3). Laboratory trial mix for Class HT concrete must not exceed permeability of 2000
coulombs at 56 days (ASTM C 1202). Laboratory trial mix for Class HT concrete must not exhibit a crack at or
before 14 days in the cracking tendency test (AASHTO PP 34).
Class P concrete is used in pavements. Additional requirements for Class P concrete are: Class P concrete
shall contain a minimum of 55% AASHTO M 43 size No. 357 or No. 467 coarse aggregate. If all transverse joints
are doweled, then Class P concrete shall contain a minimum of 55% AASHTO M 43 sizes No. 57, No. 67, No.
357, or No. 467 coarse aggregate. Laboratory trial mix for Class P concrete must produce an average 28 day
flexural strength of at least 4482 kPa (650 psi). Class P concrete shall contain 70% to 80% portland cement and
20% to 30% Class F fly ash in the total mass (weight) of cement plus fly ash. Unless acceptance is based on
flexural strength, the total mass (weight) of cement plus Class F fly ash shall not be less than 392 kg/m3 (660
Ibs/yd3). If acceptance is based on flexural strength, the total mass (weight) of cement plus Class F fly ash shall
not be less than 309 kg/m3 (520 Ibs/yd3).
June 13, 2003
3
REVISION OF SECTION 601
STRUCTURAL CONCRETE
Class S35 concrete is a dense high strength structural concrete. Additional requirements for Class S35 concrete
are: An approved water reducing admixture shall be incorporated in the mix. Class S35 concrete shall be made
with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100%
passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S35 concrete shall contain a minimum of
55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up
to a maximum of 20% Class C or 30% Class F by weight.
Class S40 concrete is a dense high strength structural concrete. Additional requirements for Class S40 concrete
are: An approved water reducing admixture shall be incorporated in the mix. Class S40 concrete shall be made
with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100%
passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S40 concrete shall contain a minimum of
55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up
to a maximum of 20% Class C or 30% Class F by weight.
Class S50 concrete is a dense high strength structural concrete. Additional requirements for Class S50 concrete
are: An approved water reducing admixture shall be incorporated in the mix. Class S50 concrete shall be made
with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100%
passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S50 concrete shall contain a minimum of
55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up
to a maximum of 20% Class C or 30% Class F by weight. Laboratory trial mix for Class S50 concrete must not
exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34).
Subsection 601.03 shall include the following:
Silica fume admixture shall conform to the requirements of subsection 701.03.
Calcium chloride shall not be used in any concrete unless otherwise specified.
Delete subsection 601.05 and replace with the following:
601.05 Proportioning. The Contractor shall submit a Concrete Mix Design Report consisting of design mix
proportions, laboratory trial mix and aggregate data for each class of concrete being placed on the project.
Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and
approved by the Engineer. The Concrete Mix Design cannot be approved when the laboratory trial mix and
aggregate data are the results from tests performed more than a year in the past. The design mix proportions
shall show the weights and sources of all ingredients including cement, fly ash, aggregates, water, additives and
the water cement ratio (w/c). When determining the w/c, cement (c) shall be the sum of the weight of the cement,
the weight of the fly ash and the weight of silica fume.
The laboratory trial mix data shall include results of the following:
(a) AASHTO T 119 Slump of Hydraulic Cement Concrete.
(b) AASHTO T 121 Mass per Cubic Meter (Cubic Foot), Yield, and Air Content (Gravimetric) of Concrete. Air
content from AASHTO T 152 Air Content of Freshly Mixed Concrete by the Pressure Method may be used
in lieu of the air content by the gravimetric method in AASHTO T 121.
(c) AASHTO T 22 Compressive Strength of Cylindrical Concrete Specimens shall be performed with at least
two specimens at 7 days and three specimens at 28 days. Three additional specimens tested at 56 days
shall be required for Class H and HT concrete.
(d) Class H and HT concrete shall include a measurement of permeability by ASTM C 1202 Electrical
Indication of Concrete's Ability to Resist Chloride Ion Penetration. The concrete test specimens shall be
two 2 inch thick disks sawed from the centers of two molded 4 inch diameter cylinders cured no more than
56 days in accordance with ASTM C 192 Standard Practice for Making and Curing Concrete Test
Specimens in the Laboratory.
(e) Class H, HT and S50 concrete shall include a measurement of cracking by AASHTO PP 34 Standard
Practice for Estimating the Cracking Tendency of Concrete. The ring shall be cured in an indoor room with
June 13, 2003
4
REVISION OF SECTION 601
STRUCTURAL CONCRETE
the temperature maintained 180C - 24°C (65°F - 75°F) and relative humidity not exceeding 40%.
(f) Class E and P concrete shall include AASHTO T 97 Flexural Strength of Concrete (Using Simple Beam
with Third -Point Loading) performed with two specimens at 7 days and four specimens at 28 days.
(g) Class E concrete shall include a report of maturity relationships in accordance with ASTM C 1074 with the
following additions or modifications. The Contractor shall provide a multi -channel maturity meter and all
necessary wire and connectors. The Contractor shall be responsible for the placement and maintenance of
the maturity meter and wire. Placement shall be as directed by the Engineer.
1. The cylinders used to establish the compressive strength vs. maturity relationship shall be cast and
cured in the field in conditions similar to the project.
2. These cylinders shall be tested in pairs at times which yield compressive strengths three sets of
which are at or below 17 MPa (2500 psi) and one of which is above 17 MPa (2500 psi).
3. Testing to determine datum temperature or activation energy will not be required.
4. A test slab shall be cast at the same time and location as the cylinders. The test slab shall have a
length and width of 2 m x 2 m (6 feet x 6 feet) and a thickness equal to the pavement design
thickness. The maturity of the test slab, when used in the compressive strength vs. maturity
relationship from the cylinders, shall indicate that a compressive strength of 17 MPa (2500 psi) is
achieved in the required time. Slab maturity will be determined with two probes located in the slab
approximately 300 mm and 600 mm (1 and 2 feet) from the edge. The test slab shall be covered with
a blanket similar to the one to be used on the pavement.
Except for class BZ concrete, the maximum slump of the delivered concrete shall be the slump of the approved
concrete mix design plus 38 mm (1'/z"). Except for class H and HT concrete, the laboratory trial mix must produce
an average 28 day compressive strength at least 115 percent of the required 28 day field compressive strength.
The laboratory trial mix for Class H or HT concrete must produce an average 56 day compressive strength at
least 115 percent of the required 56 day field compressive strength.
The laboratory trial mix shall have a relative yield of 0.99 to 1.02. When Portland Cement Concrete Pavement is
paid with a volumetric pay quantity, the relative yield of the concrete produced on the project shall be 0.99 to 1.02.
If the relative yield of the produced concrete does not conform to this range for two consecutive yield
determinations, concrete production shall cease and the Contractor shall present a plan to correct the relative
yield to the Engineer.
Aggregate data shall include the results of the following:
(1) AASHTO T 11 Materials Finer Than 75 um (No. 200) Sieve in Mineral Aggregates by Washing.
(2) AASHTO T 19 Unit Weight and Voids in Aggregate.
(3) AASHTO T 21 Organic Impurities in Fine Aggregate for Concrete.
(4) AASHTO T 27 Sieve Analysis of Fine and Coarse Aggregates.
(5) AASHTO T 84 Specific Gravity and Absorption of Fine Aggregate.
(6) AASHTO T 85 Specific Gravity and Absorption of Coarse Aggregate.
(7) AASHTO T 96 Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the
Los Angeles Machine.
(8) AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate.
(9) AASHTO T 176 Plastic Fines in Graded Aggregates and Soils by use of the Sand Equivalent Test
(10) ASTM C 535 Resistance to Degradation of Large -Size Coarse Aggregate by Abrasion and Impact in the
Los Angeles Machine
(11) ASTM C 1260 Potential Alkali Reactivity of Aggregates (Mortar -Bar Method)
Any aggregate with an expansion of 0.10 percent or more at 16 days after casting as determined by ASTM C
1260 shall not be used unless mitigative measures are included in the mix design and subsequent results of CPL
4202 with the design mix proportions show an expansion not exceeding 0.10 percent at 16 days after casting.
The Concrete Mix Design Report shall state what mitigative measures were included in the concrete mix design
and include results for ASTM C 1260 and CPL 4202.
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: G.L. Hoff Company
2. Permanent main office address: 1815 West 12th Street, Loveland, CO 80537
3. When organized: January 1984
4. If a corporation, where incorporated: Colorado, 1989
5. How many years have you been engaged in the contracting business under your
present firm or trade name? 20 years
6. Contracts on hand: (Schedule these, showing the amount of each contract and
the appropriate anticipated dates of completion.)
CSU Student Recreation Center Landscape Improvements: $332,606. 8-2004
7. General character of Work performed by your company:
commercial general contractor: we complete slte*okk concrete, carpentry,
project management with our own forces.
E
Have you ever failed to complete any Work awarded to you? na+
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?
If yes list agency name.
no
7/96 Section 00420 Page 1
June 13, 2003
REVISION OF SECTION 601
STRUCTURAL CONCRETE
The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, flyash and silica
fume admixture meet the specification requirements and supporting this statement with actual test results. The
certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry.
Where the Contractor's use of fly ash results in any delay, necessary change in admixture quantities or source, or
unsatisfactory work, the cost of such delays, changes or corrective actions shall be borne by the Contractor.
The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change
occurs in the source, type, or proportions of cement, fly ash, or aggregate. Unless otherwise permitted by the
Engineer, the product of only one type of portland cement from one mill of any one brand shall be used in a
concrete mix design.
Review and approval of the Concrete Mix Design by the Engineer does not constitute acceptance of the concrete.
Acceptance will be based solely on the test results of concrete placed on the project.
Subsection 601.07 shall include the following:
Silica fume shall be added to the mix during initial batching.
Subsection 601.12 shall include the following:
At the pre -placement conference, the Contractor shall present a concrete winter protection plan for acceptance by
the Engineer. The accepted concrete winter protection plan shall contain information on the number and type of
heat sources to be used, a sketch detailing the enclosure materials, and all other pertinent information. Sufficient
equipment shall be supplied to continuously maintain the specified temperature uniformly in all parts of the
enclosure. Insulated blankets on top of the bridge deck and freely circulated artificial heat below the deck will be
permitted.
Subsection 601.12(c) shall include the following:
Before concrete placement, all ice, snow, and frost shall be completely removed from within formwork. Salt shall
not be used to thaw ice, snow, or frost.
Delete subsection 601.13 and replace with the following:
601.13 Curing Concrete Other Than Bridge Decks. When the ambient temperature is below 20C (35°F) the
Contractor shall maintain the concrete temperature above 10°C (50°F) during the curing period. It shall be the
Contractor's responsibility to determine for himself the necessity for undertaking protective measures.
The minimum curing period shall be determined by one of the following methods. The Engineer shall review for
adequacy, the Contractor's determination of the curing period.
(1) The minimum curing period shall be 120 hours
(2) The minimum curing period shall be from the time the concrete has been placed until the concrete has met
a compressive strength of 80 percent of the required field compressive strength. The Contractor shall cast
information cylinders on the final portion of a placement and stored as close to the structure as. possible.
The information cylinders shall receive similar thermal protection as the structure. The contractor shall be
responsible for the protection of the information cylinders. In -place strength shall be determined by at least
two cylinders. If the information cylinders are destroyed in the field, the minimum curing period shall be
120 hours.
(3) The minimum curing period shall be from the time the concrete has been placed until the concrete has met
a compressive strength of 80 percent of the required field compressive strength. The Contractor shall
develop a maturity relationship for the concrete mix design in accordance with ASTM C 1074. The
June 13, 2003
6
REVISION OF SECTION 601
STRUCTURAL CONCRETE
Contractor shall provide the maturity meter and all necessary thermocouples, thermometers, wires and
connectors. The Contractor shall be responsible for the placement, protection and maintenance of the
maturity meters and associated equipment. Locations where the maturity meters are placed shall be
protected in the same manner as the rest of the structure. The Contractor shall install the thermocouples at
locations designated by the Engineer. The Contractor shall monitor the temperature at intervals acceptable
to the Engineer.
Maturity meters, thermocouples and information cylinders will not be measured or paid for separately, but shall be
included in the work.
Enclosures with artificial heat sources will be permitted. If enclosures are used the Contractor shall monitor the
structural integrity of the enclosure. Artificial heat sources shall not be placed in such a manner as to endanger
formwork or expose any area of concrete to drying due to excessive temperatures. At the end of the curing
period, the protection shall remain in place until it can be removed without permitting the concrete temperature to
fall more than 280C (50°F) in a 24-hour period. Sudden changes of concrete temperature shall be prevented.
Immediately after placing fresh concrete, all concrete shall be cured by one of the following methods. The
Engineer shall review for adequacy, the curing method proposed by the Contractor.
(a) Water Method. All surfaces other than slabs shall be protected from the sun and the whole structure shall
be kept wet throughout the curing period. Surfaces requiring a Class 2 finish may have the covering
temporarily removed for finishing, but the covering must be restored as soon as possible. All concrete
slabs shall be covered as soon as possible with suitable material so that concrete is kept thoroughly wet for
at least five days. The concrete surface shall be kept moist at all times by fogging with an atomizing nozzle
until the covering is placed.
(b) Membrane Forming Curing Compound Method. Curing compound may be applied only to those surfaces,
which are to receive a Class I or Class 4 final finish. A volatile organic content (VOC) compliant curing
compound conforming to AASHTO M 148, Type 2 shall be used on surfaces where curing compound is
allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or
when directed by the Engineer. Curing compound shall not be used on construction joints. The rate of
application of curing compound will be in accordance with the manufacturer's recommendation, but shall
not be more than 7 mZ/L (300 ftZ/g). All concrete cured by this method shall receive two applications of the
curing compound. The first coat shall be applied immediately after stripping of forms and acceptance of the
concrete finish. If the surface is dry, the concrete shall be thoroughly wet with water and the curing
compound applied just as the surface film of water disappears. The second application shall be applied
after the first application has set. During curing operations, any unsprayed surfaces shall be kept wet with
water. The coating shall be protected against marring for a period of at least 10 days after application. Any
coating marred, or otherwise disturbed, shall be given an additional coating. Should the surface coating be
subjected continuously to injury, the Engineer may require that water curing, as described in subsection
601.13(a) be applied at once. When using a curing compound, the compound shall be thoroughly mixed
within an hour before use. If the use of a curing compound results in a streaked or blotchy appearance, its
use shall be discontinued. Water curing, as described in subsection 601.13 (a), shall then be applied until
the cause of the defective appearance is corrected.
(c) Form Method. Concrete shall be protected by forms during the curing period Forms shall be kept moist,
when necessary, during the curing period to insure the concrete surface remains wet.
(d) Blanket Method. Electrically heated curing blankets or insulation blankets may be used in cold weather to
maintain specified curing temperature and to retain moisture in concrete. Blankets shall be lapped at least
200 mm (8 inches) and shall be free of holes. Blankets shall be secured at laps and edges to prevent
moisture from escaping.
The following procedures shall be followed if the temperature of the concrete structure falls below 0°C (32°F)
before the concrete reaches 80 percent of the required field compressive strength:
June 13, 2003
7
REVISION OF SECTION 601
STRUCTURAL CONCRETE
(1) The Contractor will take cores at locations designated by the Engineer.
(2) The Engineer will take immediate possession of the cores and submit the cores to a petrographer for
examination in accordance with ASTM C 856.
(3) All costs associated with coring, transmittal of cores, and petrographic examination shall be born by the
Contractor regardless of the outcome of the petrographic examination.
(4) Concrete damaged by frost as determined by the petrographic examination shall be removed and replaced
at the Contractor's expense.
Delete subsection 601.15 and 601.16 and replace with the following:
601.15 Bridge Deck Placing, Consolidating and Finishing. The Contractor shall prepare a written Quality
Control Plan (QCP) which defines the quality control measures the Contractor will use to ensure the placing,
consolidating, and finishing, curing and weather protection of the bridge deck conforms to the Contract
requirements. The Contractor may refer to the Structural Concrete Pre -Pour Conference Agenda in the
department's Construction Manual for examples of items that should be included in the QCP. It shall also identify
the Contractor's method for ensuring that the provisions of the QCP are met. The Contractor shall submit the
QCP to the Engineer for written approval before the pre -pour conference.
A Pre -Placement Conference shall be held at a time mutually agreed upon before the initial placement of Class H,
Class HT or Class S50 concrete. Representatives of the ready mix producer and the Contractor shall meet with
the Engineer to discuss the following topics:
(1) Concrete Mix Ingredients and Proportions (cement content, effect of admixtures, etc.)
(2) Work Schedule
(3) Applicable Specifications and Special Notes
(4) Delivery Details
(5) Planned Construction Joint Locations
(6) Role of All Personnel
(7) Construction Details - surface preparation, finish, joint locations, etc.
(8) Testing Requirements
(9) Acceptance Criteria
(10)Contingency Plans for Wind, Rain, Breakdown, etc.
(11)Curing Details
(a) Surface Preparation. Tops of girders, precast deck panels, pier caps, and abutments that will come into
contact with bridge deck concrete shall be heated to raise the temperature above 2°C (35°F) prior to
concrete placement. The proposed preheating method is subject to approval by the Engineer.
Prior to placement of a Class HT concrete overlay, the deck shall be prepared as follows
1. Newly Placed Decks or Existing Decks That Have Been Used as the Final Driving Surface. The deck
shall be shot blasted in preparation for a mechanically bonded surface. Shot blasting shall remove the
upper surface of the deck down to the coarse aggregate, which requires removing approximately 3 to 5 mm
(1/8 to 3/16 inch) of the concrete.
2. Existing Decks Covered with One or More Layers of Bituminous Pavement. The deck shall be planed in
accordance with subsection 202.09 to remove all overlying bituminous pavement, bridge deck membrane,
and the upper 6.5 mm (1/4 inch) of the deck concrete.
If Class HT concrete is not placed within one week of shot blasting or planing, the area shall then be
sandblasted and cleaned of all sand, concrete fragments, dirt, and other foreign material within one week
before placement. The area shall be moistened at least two hours before placement in order that the
substrate concrete is saturated. The substrate concrete shall be allowed to dry and shall be saturated
surface dry and free of visible water at the time of placement.
June 13, 2003
REVISION OF SECTION 601
STRUCTURAL CONCRETE
(b) Test Slab. At least 7 days prior to initial placement of Class H, Class HT or Class S50 concrete on or in a
deck, the Contractor shall have prepared, placed, and cured one test slab of at least 3 m3 (4 Cu. Yd.) to
verify mix design, demonstrate the ability to perform placement, finishing & curing operations, and to check
quality control. The test slab shall be approximately the same thickness as the concrete to be placed.
Additional test slabs shall be placed as necessary to verify changes in design or procedures at the
contractor's expense. Test slabs that are placed as acceptable work in segments of sidewalks, or as
approach slabs, or other locations acceptable to the Engineer, will be paid for as the pay item for that
element of the contract.
(c) Placing. Concrete shall be placed in accordance with the requirements of subsection 601.12 except for the
following:
Concrete shall be placed in such manner as to require as little rehandling as possible and at sufficient
depth to provide adequate material for screeding and finishing operations. The concrete shall be
discharged as near its final location as practicable. The pattern of placement shall be such that lateral flow
will be minimized. Concrete shall be placed against the leading edge of fresh concrete where practicable.
Class H, Class HT and Class S50 concrete shall be placed only when the concrete mix temperature is
between 100C and 270C (50°F and 80°F) at the time of delivery. Class H, Class HT and Class S50
concrete shall not be placed in or on bridge decks when the air temperature exceeds 26°C (80°F) and/or
the wind velocity exceeds 16 Km/h (10 mph) as determined by a digital thermometer and anemometer
provided on site by the Contractor. If the Engineer can determine from the Contractor's data that the
evaporation rate is less than 1.0 kg/m2/hr (0.20 Ib/ft2/hr), in accordance with figure 2.1.5 in ACI 305, then
Class H and HT concrete may be placed under these conditions.
Longitudinal joints for a Class HT concrete overlay will be allowed only at the locations of lane lines and
must be approved by the Engineer.
Transverse joints may be utilized when the Engineer determines that the work is not progressing in a
satisfactory manner, or when required by change in weather conditions. The Engineer may approve
transverse joint locations to accommodate phased overlay construction.
(d) Consolidating. Consolidation shall conform to subsection 601.12(e) and to the following:
The Contractor shall provide suitable mechanical vibrators to disperse the batch at the point of discharge
and to densify the concrete within the forms. The bond of fresh concrete to concrete previously placed
shall be achieved by vibrating the new concrete together with the old. Immersion vibrators shall operate at
a speed of at least 10,000 vibrations per minute in air. Internal vibration may be used along the edges of
forms and in areas of congested reinforcing. A combination of immersion vibration and surface
consolidation shall be used.
(e) Finishing. Following consolidation, the concrete shall be struck off and finished by mechanical longitudinal
floating, mechanical rolling, surface vibration, or a combination of any of these methods. Surface vibrators
shall be of the low frequency, high -amplitude type, operating at a speed of 3000 to 4500 vibrations per
minute.
A paver's steel scraping straightedge or lute, 100 mm (4 inch) maximum width, shall be the only hand tool
permitted on deck surfaces, except for a minimum use of hand floats and edgers along the forms and in
areas where machine finishing cannot be effectively used. Only minimum hand finishing will be permitted.
If the surface of the deck slab becomes dry immediately following finishing operations, due to an excessive
evaporation rate, it shall be covered with wet burlap or fogged with water covering the entire deck surface
using pneumatic atomizing nozzles. The fog spray shall be just enough to retard surface evaporation and
shall not change the water -cement ratio. During periods of excessive drying, a cover of wet burlap or
plastic sheeting shall be maintained on the slab at all times until final cure is placed. Monomolecular film
(0
June 13, 2003
REVISION OF SECTION 601
STRUCTURAL CONCRETE
coatings applied to the surface of the slab to retain moisture may be used provided they effectively retard
surface evaporation and are adequately maintained until the final cure is placed.
Surfaces of bridge decks and bridge approach slabs that will be the final riding surface shall be finished as
follows:
For the final finish a seamless strip of plastic turf shall be dragged longitudinally over the full width of
bridge deck after a seamless strip of burlap or other approved fabric has been dragged longitudinally
over the full width of bridge deck to produce a uniform surface of gritty texture.
The drags shall be mounted on a bridge other than the bridge to be furnished for department use. The
dimensions of the drags shall be such that a strip of material at least 1 m (3 feet) wide is in contact with
the full width of pavement surface while each drag is used. The drags shall consist of sufficient
material and be maintained in such a condition that the resultant surface finish is of uniform
appearance and reasonably free from grooves overt mm (1/16 inch) in depth. Where more than one
layer of burlap drag is required, the bottom layer shall be approximately 150 mm (6 inches) wider than
the layer above. Drags shall be maintained clean and free from encrusted mortar. Drags that cannot
be cleaned shall be discarded and new drags installed.
2. Texturing. When posted speeds are 65 km/h (40 mph) or higher, the finish shall be a grooved finish
conforming to the following:
After the Engineer has accepted the finished surface, and after concrete has cured for at least seven
days, the bridge deck surface shall be textured by grooving with a mechanized saw (sawed grooves).
Grooving shall be done prior to the application of the concrete sealer. Only multi -blade saw cutting
equipment furnished with circular blades may be used. Single blade equipment may be authorized by
the Engineer where multi -blade assemblies do not allow sawing a distance one foot from obstructions.
The grooving shall be rectangular and conform to the following
Depth: 3 mm ± 1 mm (r_1 inch ± 1/32 inch)
Width: 3 mm ± 1 mm Q inch ± 1/32 inch)
Spacing:20 mm ± 1 mm ('/ inch ± 1/32 inch) center to center
Grooves shall be longitudinal and parallel to the centerline of the roadway. Overlapping of grooves by
succeeding passes will not be permitted. The grooves shall terminate 0.45 m (1.5 feet) from the face of
curb or bridge rail on each side of the overlaid bridge deck.
Grooving to bridge joint system. For joint systems that are perpendicular to the roadway centerline,
grooving shall extend to 225 mm ± 75 mm (9 inches ± 3 inches) from the armor of the joint.
For the joint systems that are not perpendicular to the centerline of the roadway, grooving shall remain
parallel to the centerline and shall not be nearer than 150 mm (6 inches) to the joint armor nor farther
than 1.2 m (4 feet) from the joint armor. The distance between grooves, from one side to other of the
joint system, shall not exceed 1.5 m (5 feet).
The Contractor shall maintain the grooving equipment so that aggregate particles or cement build-up
on the saws is promptly cleared or cleaned so that the grooves are neat, true and in conformance with
the specified dimensions.
Surface Smoothness.
All Bridge Deck Surfaces. Acceptability of the deck surface will be determined as follows: The
Contractor shall furnish a 3 m (10 foot) straightedge or other approved device. When the concrete is
sufficiently hard, the Contractor shall test the bridge deck surface with the 3 m (10 foot) straightedge
or other approved device. Areas showing high spots of more than 3 mm (1/8 inch) but not exceeding
June 13, 2003
10
REVISION OF SECTION 601
STRUCTURAL CONCRETE
12 mm (Yz inch) in 3 m (10 feet) shall be marked. The marked area shall be immediately ground with
an approved grinding tool so that the surface deviation will not be in excess of 3 mm (1/8 inch) 3 m
(10 feet). Grinding shall not reduce the concrete cover on reinforcing steel to less than 45 mm (13/4
inches), (70 mm [2314 inches] for bare decks without an overlay). Decks that require additional
corrective action shall be corrected with a concrete overlay approved by the Engineer.
2. All Bridge Deck Final Riding Surfaces. Bare deck, or any concrete overlayed final surface is subject
to an incentive payment. The Contractor shall provide the Engineer with the following for incentive
payment only: The longitudinal finished surface smoothness of structures and approach slabs
including concrete deck and any overlaid surface shall be tested with the profilograph method in
accordance with subsection 105.031(b). Bridge Deck shall be subject to an incentive payment in
accordance with the following Table 601-3. Incentive Payments will be based on the Lane Profile
Index (LPI) before diamond grinding of bumps or any corrective work has been done.
TABLE 601-3
BRIDGE DECK SMOOTHNESS (INCHES/MILE)
25 mm In 1 INCH) RI ar%m Nr] aenin
PAVEMENT
SMOOTHNESS
CATEGORY
INCENTIVE PAYMENTS
CORRECTIVE
WORK
REQUIRED
LPI
Concrete
LPI
Concrete
in./mi.
$/sq.yd.
mm/km
$/m2
®12 or
$1.20
6190
$1.45
ALL BRIDGE
12.1-15
$0.90
191-235
$1.08
In accordance
DECKS
15.1-18
$0.60
236-285
$0.72
with subsection
18.1-22
$0.30
286-345
$0.36
601.15(d)l
22.1-25
$0.00
346-395
$0.00
This category will be used only on new construction or complete reconstruction of bridge deck.
(g) Movable Bridges. Movable bridges or platforms shall be provided by the Contractor and moved as directed
to allow the inspectors to work over the freshly placed plastic concrete. A movable bridge shall be kept as
close to the finishing screed as practical. The deck of the movable bridges shall be a minimum of 600 mm
(24 inches) wide and no more than 600 mm (24 inches) above the surface of the concrete and shall be
capable of supporting two people. The Contractor shall provide additional movable bridges as appropriate
for the work.
(h) Concrete Bridge Sidewalks. Bridge sidewalks shall receive a final transverse broom finish.
0) If cracks in the deck concrete with a width of 0.9 mm (0.035 inches) or greater occur within two weeks of
placement, those cracks shall be repaired at the Contractor's expense. Cracks will be measured by the
Engineer by insertion of a wire gauge at any time and temperature within the two weeks. The repair shall
consist of filling the cracks with a low viscosity, two part, methacrylate or an approved equal. The repair
shall be in accordance with the recommendations of the manufacturer of the crack filling material.
601.16 Curing Concrete Bridge Decks. Except for Class H and HT concrete, the minimum curing period shall
be 120 hours. The concrete surface shall be kept moist at all times by fogging with an approved atomizing nozzle
or applying a monomolecular film coating to retard evaporation until the curing material is in place.
For Class H and HT concrete the minimum curing period shall be 168 hours and from May 1 and until September
30 the water cure method as described below shall be used without the membrane forming curing compound.
Concrete bridge decks, including bridge curbs and bridge sidewalks shall be cured as follows:
June 13, 2003
11
REVISION OF SECTION 601
STRUCTURAL CONCRETE
(a) Decks placed from May 1 to September 30 shall be cured by the membrane forming curing compound
method followed by the water cure method as follows:
Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing
compound conforming to AASHTO M 148, Type 2 shall be uniformly applied to the surface of the
deck, curbs and sidewalks at the rate of 40 L/100 m2 (1 gallon per 100 square feet). The curing
compound shall be applied as a fine spray using power operated spraying equipment. The power
operated spraying equipment shall be equipped with an operational pressure gage and a means of
controlling the pressure. Before and during application the curing compound shall be kept
thoroughly mixed by recirculation or a tank agitator. The application shall be within 6 m (20 feet) of
the deck finishing operation. When the finishing operation is discontinued, all finished concrete shall
be coated with curing compound within % hour. The curing compound shall be thoroughly mixed
within one hour before use.
2. Water Cure Method. The water cure method shall be applied as soon as it can be without marring
the surface and shall be continued for five days. The surface of the concrete, including bridge curbs
and bridge sidewalks, shall be entirely covered with cotton, burlap, or combination polyethylene
sheeting and burlap mats. Approved combinations of a barrier and a water retaining layer may be
used. Prior to being placed, the mats shall be thoroughly saturated with water. The mats shall
extend at least twice the thickness of the bridge deck beyond the edges of the slab and shall be
weighted to remain in contact with the surface. The mats shall remain in contact and be kept wet for
a minimum of five days after concrete placement.
(b) Decks placed between November 1 and March 31 shall be cured by application of a membrane forming
curing compound followed by the blanket method as follows:
Membrane Forming Curing Compound Method. This method shall be applied in accordance with
601.16(a)1 above.
2. Blanket Method. Curing blankets with a minimum RValue of 0.5 shall be placed on the deck as soon
as they can be without marring the surface. Blankets shall be loosely laid (not stretched) and
adjacent edges suitably overlapped with continuous weights along the lapped joints. The blankets
shall remain in place for a minimum of five days after placement.
(c) Decks placed in April or October may be cured in accordance with either subsection 601.16(a) or 601.16(b)
above.
(d) For decks placed above an elevation of 2500 m (8,000 feet) above mean sea level, the Engineer may
modify the time of year requirements for the cure methods defined in subsection 601.16(a) and 601.16(b)
above.
(e) Class H, Class HT and Class S50 concrete shall be cured as follows:
1. The concrete surface shall be kept moist at all times by fogging with approved atomizing nozzles
until the surface has been covered by the final cure.
2. At lease two atomizing nozzles shall be in operation at all times. A fogging nozzle that has shown
acceptable performance is FOGG-IT Waterfog, low volume (7.5 liters per minute), manufactured by
Fogg -it Nozzle Co. at P.O. Box 16053, San Francisco, California, 94116, or an approved equal.
3. From October 1 and until April 30 continuous fogging will not be required if the evaporation rate is
less than 0.50 kg/m2/hr (0.10 Ib/ft2/hr). Ambient temperatures during initial curing shall be warm
enough that the water from fogging does not freeze before insulating blankets are applied. The
internal concrete temperature shall be determined by using thermocouples and a continuous
recording device. The Contractor shall provide the thermocouples and a continuous recording
June 13, 2003
12
REVISION OF SECTION 601
STRUCTURAL CONCRETE
device and install the thermocouples at locations designated by the Engineer. The continuous
recording device connected to the thermocouple shall be calibrated to provide accurate temperature
readings. During the cure period the continuous recording device shall be visible, show visible
readings, and the Contractor shall continuously monitor the concrete temperature and provide the
recorded data to the engineer after the monitoring of temperature for that placement is complete.
(f) When the ambient temperature is below 20C (350F), the Contractor shall maintain the internal concrete
temperature above 10°C (50°F) during the curing period, except the last 48 hours of the curing period the
internal concrete temperature may be kept above 40C (400F).
Internal concrete temperature shall be determined by using thermocouples. Thermocouple wire,
connectors, and hand held thermometer will be supplied by the Engineer. The Contractor shall install the
thermocouples at locations designated by the Engineer.
During the curing period, the Contractor shall monitor the enclosure at intervals acceptable to the Engineer.
The Contractor shall monitor concrete temperature, and the structural integrity of the enclosure. Artificial
heat sources shall not be placed in such a manner as to endanger formwork or expose any area of
concrete to drying due to excessive temperatures.
During the curing period, for each day that the internal concrete temperature falls below the specified
temperature, the protection shall remain in place and one extra day of curing time above 4°C (40°F) shall
be added to the original days of protection.
If the internal concrete temperature at any location in the bridge deck concrete falls below 0°C (32°F)
during the first 24 hours of the curing period, the Engineer may direct the Contractor to core the areas in
question at the locations indicated by the Engineer. The Engineer will take immediate possession of the
cores. The Engineer will submit the cores to a petrographer for examination in accordance with ASTM C
856. Concrete damaged by frost, as determined by the petrographer, shall be removed and replaced at the
Contractor's expense. All costs associated with coring, transmittal of cores, and petrographic examination
shall be born by the Contractor regardless of the outcome of the petrographic examination.
At the end of the protection period, the protection shall remain in place until it can be removed without
permitting the concrete temperature to fall more than 28°C (50°F) in a 24-hour period. Sudden changes of
temperature shall be prevented.
Subsection 601.17 shall include the following
After the curing period for Class HT concrete has elapsed, the overlay shall be "sounded" by the Contractor in
accordance with ASTM D 4580 Standard Practice for Measuring Delaminations in Concrete Bridge Decks by Sounding
to determine if the Class HT concrete has bonded to the bridge deck. In areas where the Class HT concrete has not
bonded to the bridge deck, it shall be removed and replaced at the Contractors expense.
Class HT concrete overlays shall not be opened to traffic, including construction traffic, for at least 14 days after
placement. At the Engineer's discretion, the overlay may be opened to construction traffic sooner than 14 days but not
until after the curing period has elapsed and the average strength of two field cured cylinders has reached 30 MPa (4500
psi). The field cured cylinders shall be made in accordance with AASHTO T 23 Making and Curing Concrete Test
Specimens in the Field.
Subsection 601.18 shall include the following
Bridge Deck Finish (Sawed Grooves) will be measured by the square meter (square yard). The area includes the
length of the bridge and approach slabs, with deductions for areas occupied by expansion devices as specified,
multiplied by the width of the roadway between the faces of curb or bridge rail on each side, less 0.9 m (3.0 feet).
Bridge Deck Finish (Sawed Grooves) will not be remeasured but will be the quantity shown on the plans.
June 13, 2003
13
REVISION OF SECTION 601
STRUCTURAL CONCRETE
Exceptions for each structure will be: (1) when field changes are ordered, or (2) when it is determined that there
are discrepancies on the plans in an amount of plus or minus two percent of the plan quantity for the structure.
Subsection 601.19, 2nd paragraph shall include the following:
Pay Item Pay Unit
Bridge Deck Finish (Sawed Grooves) Square Yard
Bridge Deck Finish (Sawed Grooves) Square Meter
November 30, 2000
1
SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 630.10 and replace with the following:
630.10 Traffic Control Management. The Contractor shall designate an individual, other than
the superintendent, to be the traffic control supervisor. The traffic control supervisor shall be
certified as a worksite traffic supervisor by either the American Traffic Safety Services Association
(ATSSA) or the Colorado Contractors Association (CCA), and shall have a current Department
flaggers certificate. A copy of the traffic control supervisor's certifications shall be provided to the
Engineer at the preconstruction conference.
The traffic control supervisor's duties shall include:
(1) Preparing, revising, and implementing each required method of handling traffic in
accordance with the traffic control plan.
(2) Directly supervising project flaggers.
(3) Coordinating all traffic control operations, including those of subcontractors and suppliers.
(4) Coordinating project activities with appropriate police and fire control agencies.
(5) Preparing a traffic control diary on every calendar day traffic control devices are in use. This
diary shall be submitted to the Engineer daily and become a part of the Department's project
records. The diary shall include the following information as a minimum:
(a) Date
(b) For Traffic Control Inspection, the time of the inspection
(c) Project number
(d) Traffic Control Supervisor's name
(e) Description of traffic control operations (lane closures, shoulder closures, pilot car
operations, detours, etc.) including location, setup and takedown time, and approved
method of handling traffic (MHT) number
(f) Types and quantities of traffic control devices used per approved MHT
(g) List of flaggers and uniformed traffic control (UTC) used, including start time, stop time,
and number of flagging hours and UTC hours used
(h) Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and
corrective action taken
(6) Inspecting traffic control devices on every calendar day that traffic control devices are in use,
masked, or turned away from traffic. These inspections shall include at least one night
inspection per week. The TCS or another representative who is certified as a work site
traffic supervisor shall perform these inspections.
(7) Insuring that traffic control devices are functioning as required.
(8) Overseeing all requirements covered by the Contract which contribute to the convenience,
safety and orderly movement of traffic. Have an up-to-date copy of the MUTCD and
applicable standards and specifications available at all times on the project.
(9) Attending all project scheduling meetings.
(10) Supervising the cleaning and maintenance of all traffic control devices.
A certified worksite traffic supervisor shall provide traffic control management (TCM) on a
24-hour-per-day basis. The traffic control supervisor (TCS) or another representative who is
certified as a work site traffic supervisor shall be available and reasonably accessible to the job
site on every working day, on call at all times, and available upon the Engineer's request at other
than normal working hours. During non -work periods, the TCS or another representative shall
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.
Please refer to the attached information
12. List your major equipment available for this contract.
dump truck, CAT 928 loader, CAT 320 Track excavator, backhoes, bobcats,
motor grader, grading tractor, concrete pump
13. Experience in construction Work similar in importance to this
project: .
Please refer to the attached information
14. Background -and experience of the principal members of your organization,
including officers:
Please refer to the attached information
15. Credit available: $
16. Bank reference: Loran Emmons, Bank One Loveland
17. Will you, upon request, fill out a detailed financial statement and furnish
any other information that may be required by the OWNER?
18. Are you licensed as a General CONTRACTOR? yes
If yes, in what city, county and state. Fort Collins, others What
class, license and numbers? ft-6
19. Do you anticipate subcontracting Work under this Contract? yes
If yes, what percent of total contract? refer to bid information
and to whom?
20. Are any lawsuits pending against you or your firm at this time? no
If yes,
DETAIL
7/96 Section 00420 Page 2
November 30, 2000
2
SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
respond to the job site within 45 minutes. When another representative responds, the TCS or
another representative who is certified as a work site traffic supervisor shall arrive at the job site
within two hours after notification. The Contractor shall maintain a 24-hour telephone number at
which the TCS can be contacted. The TCS shall not act as a flagger except in an emergency or in
relief for short periods of time.
Delete subsection 630.14 and replace with the following:
630.14 Quantities to be measured for construction traffic control devices shall be the number of
units of the various sizes and descriptions listed below.
Construction Traffic Signs:
Panel Size A: Up to 1 m2 (0.01 to 9.00 Square Feet) including Type 1 and Type 2
Barricades.
Panel Size B: Over 1 to 1.5 m2 (9.01 to 16.00 Square Feet)
Panel Size C: Over 1.5 m2_ (16.01 Square Feet and over)
Special: As shown on the plans
The total number of traffic control devices of each type on the schedule and approved
subsequent modified schedules shall be the maximum number approved for payment.
Traffic channelizing devices consisting of vertical panel, traffic cones, or drum channelizing device
will be measured by the unit. Concrete barriers will be measured by the meter (linear foot).
Barricades will be measured by the number used. Barricade warning lights shall be furnished as a
part of this item when required by the Traffic Control Plan (TCP). Advance Warning Flashing or
Sequencing Arrow Panels will be measured by the unit according to size.
The flashing beacon (portable) will be measured as a unit complete in place. Sign panel will be
paid for under the appropriate item.
The quantity to be measured for Traffic Control Management will be the number of authorized 24-
hour days of active TCM performed by the TCS or another representative certified as a work site
traffic supervisor. Payment will be made for one day of Traffic Control Management regardless of
the number of TCSs required to adequately control the work. An authorized 24-hour day of active
TCM will be every calendar day on which active traffic control occurs in accordance with an
approved MHT. This includes activities such as flagging operations, pilot car operations, and
setting up or removal of construction zones, shoulder closures, lane closures or detours. Traffic
control devices that are left in place during non -working hours, including configurations such as
lane closures, temporary channelization or detours, are not considered active traffic control.
The quantity to be measured for Traffic Control Inspection will be the number of authorized 24-
hour days of traffic control inspection (TCI) performed by the TCS or another representative
certified as a work site traffic supervisor. An authorized 24-hour day of TCI shall be every
calendar day that traffic control devices as shown in the MHT are in use, masked, or turned away
from traffic on the project, and the only traffic control activity is the inspection of traffic control
devices.
November 30, 2000
3
SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Resetting, repairing, or replacing traffic control devices is considered maintenance of the devices.
Cleaning and maintaining of traffic control devices are not considered traffic control activities
subsidiary to the Traffic Control Management, Traffic Control Inspection or flagging pay items.
Payment will be made for either Traffic Control Management or Traffic Control Inspection for
every calendar day that traffic control devices as shown in the MHT are in use, masked, or turned
away from traffic on the project. Payment will not be made for both items for the same calendar
day. Work on a night shift that begins before midnight and ends after midnight will be considered
as occurring on the calendar day on which the shift ends.
The quantity to be measured for flagging will be the total number of actual flagging hours that are
used as authorized in accordance with an approved MHT. Payment will not be made for time
spent by flaggers to set up and take dwon construction traffic control devices. The quantity to be
measured for pilot car operation will be the total number of hours that pilot car operation is used
as authorized. Hours of flagging and hours of pilot car operation in excess of those authorized
shall be at the Contractor's expense.
Delete subsection 630.15 and replace with the following:
630.15 Payment for the individual traffic control devices necessary to complete the work shall be
full compensation for furnishing, erecting, cleaning, maintaining, resetting, repairing, replacing,
moving, removing, and disposing of the construction traffic control devices. All construction traffic
control devices that are not permanently incorporated into the project will remain the property of
the Contractor.
Construction traffic control devices, as determined by the project traffic control plan (TCP), will be
paid for as follows: 50 percent of the accepted amount upon first utilization, an additional 40
percent of the accepted amount when 75 percent of the original contract amount has been
earned, and the final 10 percent when the project has been completed in accordance with
subsection 105.16, exclusive of any maintenance periods.
The accepted quantities will be paid for at the contract unit price for each of the pay items listed
below that appear in the bid schedule.
Payment will be made under:
Pay Item
Construction Traffic Sign (Panel Size_)
Construction Traffic Sign (Special)
Vertical Panel
Vertical Panel (With Light) (Flashing)
Vertical Panel (With Light) (Steady Burn)
Advance Warning Flashing
or Sequencing Arrow Panel (_Type)
Drum Channelizing Device
Traffic Cone
Tubular Marker
Channelizing Device (Fixed)
Concrete Barrier (Temporary)
Pay Unit
Each
Square Meter (Square Foot)
Each
Each
Each
Each
Each
Each
Each
Each
Meter (Linear Foot)
November 30, 2000
4
SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Delineator (Type_) (Temporary)
Each
Barricade (Type_) (Temporary)
Each
Traffic Control Management
Day
Traffic Control inspection
Day
Flagging
Hour
Pilot Car Operation
Hour
Flashing Beacon (Portable)
Each
Traffic Signal (Temporary)
Lump Sum
The Contractor shall agree to quantities for the following items on a weekly basis when signing
the CDOT Form 7 — Weekly Report of Miscellaneous Pay Items:
Traffic Control Management Day
Traffic Control Inspection Day
Flagging Hour
Pilot Car Operation Hour
Construction Traffic Sign (Special) is a project specific sign indicated on the Schedule of
Construction Traffic Control Devices.
When Traffic Control Management and Traffic Control Inspection are not pay items, traffic control
management will not be paid for separately, but shall be included in the work.
Flagger hand devices will not be measured and paid for separately, but shall be included in the
work.
Cost of electrical power, including batteries, for all temporary lighting or warning devices shown
on the TCP will not be paid for separately but will be considered subsidiary to the item.
Temporary masking signs, including the covering materials and fastening devices, will not be
measured and paid for separately but shall be included in the work.
The Contractor may provide larger construction traffic signs than those shown on the plans, if
approved; however, payment will be made for the panel size designated.
If the Contractor fails to complete construction within the approved contract time, no payment will
be made for the use of Section 630 pay items for the period of time after expiration of the
approved contract time. These items shall be provided at the Contractor's expense.
Cleaning and patching of the roadway after removal of the Channelizing Device (Fixed) will not be
paid for separately, but shall be included in the work.
October 14, 2003
REVISION OF SECTION 630
METHOD OF HANDLING TRAFFIC
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630.09 shall include the following:
(7) The Contractor shall provide verification by field survey that the vertical clearances for structures in all areas covered
by a proposed MHT meet or exceed the minimum clearances shown in Table 630-2. If the vertical clearance is less
than what is shown for the particular condition in Table 630-2, the Contractor shall identify the location where this
clearance cannot be met, and provide an appropriate signing plan.' This information shall be included in the MHT
and shall be submitted to the Engineer for approval a minimum of five days before the MHT is implemented.
(8) The Contractor shall provide verification by field survey that the total driving lane plus shoulder in all areas covered by
a proposed MHT is at least 17 feet.z If this width cannot be maintained, the Contractor shall identify the location where
this clearance cannot be met, and provide an appropriate signing plan. This information shall be included in the MHT
and shall be submitted to the Engineer for approval a minimum of five days before the MHT is implemented.
TABLE 630-2
VERTICAL CLEARANCES TO STRUCTURES
Highway
Underpasses
Railway
Underpasses
Overhead
Wires
Local Rural Roads
14 Feet
23 Feet°
5
Local Urban Streets
Rural Collectors
Urban Collectors
Rural Arterial
16 Feet3
Urban Arterial
—Fr
eewa s
1 If the existing vertical clearance is already less than what is shown in Table 630-2, the
Contractor shall identify the location, but a signing plan will only be required if the clearance is
to be reduced further.
2 If the existing width is already less than 17 feet, the Contractor shall identify the location, but a
signing plan will only be required if the width is to be reduced further.
3 Vertical clearance to sign trusses and pedestrian overpasses shall be 17 feet
4 Measured from top of rail to bottom of highway structure. All railway clearances are subject to
the individual railroad's approval.
5 Communication and power lines of:
0 to 750 volts 18 Feet
750 to 22,000 volts 20 Feet
22,000 to 50,000 volts 22 Feet
For voltages over 50,000 volts, increase clearance '/2 inch for each 1000 volts over 50,000.
September 26, 2000
REVISION OF SECTION 630
NCHRP 350 REQUIREMENTS
Section 630 of the Standard Specifications is hereby revised for this project as follows:
In subsection 630.01 delete the 2nd sentence:
Subsection 630.08 shall include the following:
Work zone devices designated by FHWA as category I including but not limited to single -piece drums, tubes,
cones, delineators, crash cushions, and truck mounted attenuators shall meet NCHRP 350 crash test
requirements. The Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP
350 certification for each type of category 1 device before it is first used on the project.
Work zone devices designated by FHWA as category II including but not limited to barricades, vertical panels
with light, drums or cones with light, portable sign supports, intrusion detectors and type III barricades shall
meet NCHRP 350 crash test requirements or shall have been originally purchased prior to October 1, 2000
by the Contractor. The Contractor shall obtain and present to the Engineer the manufacturer's written
NCHRP 350 certification for each type of category If device or shall certify that the category II device was
originally purchased prior to October 1, 2000 before it is first used on the project.
March 6, 2003
-1-
REVISION OF SECTION 701
HYDRAULIC CEMENT
Section 701 of the Standard Specification is hereby deleted for this project and replaced with the following:
701.01 Portland Cement. Portland cement shall conform to the requirements of the following specifications for
the type specified or permitted:
Masonary Cement
Portland Cement
Blended Hydraulic Cement
Hydraulic Cement
ASTM C 91
ASTM C 150
ASTM C 595
ASTM C 1157
In addition to the standard chemical requirements for portland cement in ASTM C 150, the maximum percent of
equivalent alkalis (Na20+ 0.658 K2O) shall not exceed 0.90 percent.
Where either Type I or Type II portland cement is required, blended hydraulic cement conforming to ASTM C 595
Type lP or Type IP(MS) may be used, except that the blended cement shall consist of no less than 70 percent
portland cement. Where Type II portland cement is required, blended hydraulic cement conforming to ASTM C
595 Type IP(MS) may be used, except that the blended cement shall consist of no less than 70 percent portland
cement. Where blended hydraulic cement is used the substitution of fly ash for the blended hydraulic cement is
not allowed.
For concrete where Class F fly ash is required, blended hydraulic cement conforming to ASTM C 595 Type IP or
Type IP(MS) may be used, except that the blended cement shall consist of no less than 70 percent portland
cement and no less than 20 percent Class F fly ash by weight. The weight of blended hydraulic cement must
equal the weight of portland cement plus fly ash.
Where either Type I or Type II portland cement is required, hydraulic cement conforming to ASTM C 1157 Type
GU or Type MS may be used. Where Type If portland cement is required, hydraulic cement conforming to ASTM
C 1157 Type MS may be used.
Where Type V portland cement is is required one of the following may be used:
(1) Type II portland cement with no more than 5.0 percent CA content and no more than 25.0 percent [C,AF +
2(C3A)J.
(2) Type II portland cement with no more than 0.040% expansion at 14 days when tested in accordance with
ASTM C 452.
(3) Type II portland cement with at least 15 percent of the cement replaced with an approved Type F fly ash.
(4) ASTM C 595 Type IP(MS) blended hydraulic cement consisting of no less than 70 percent portland cement
and at least 15 percent Type F fly ash.
(5) ASTM C 1157 Type HS hydraulic cement.
Cement shall be from a preapproved source listed on the department's Approved Products List. The cement
intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports
showing that the cement meets the specification requirements and supporting this statement with actual test
results shall be submitted to the Engineer.
The cement shall be subject to sampling and testing by the department. Test results that do not meet the
physical and chemical requirements may result in the suspension of the use of the cement until the corrections
necessary have been taken to insure that the material meets the specifications.
The Contractor shall provide suitable means for storing and protecting the cement against dampness. Cement
which, for an reason, has become partially set or which contains lumps of caked cement shall not be used.
Cement salvaged from discarded or used bags shall not be used.
March 6, 2003
-2-
REVISION OF SECTION 701
HYDRAULIC CEMENT
701.02 Fly Ash. Fly ash for concrete shall conform to the requirements of ASTM C 618, Class C or Class F. All
chemical requirements of ASTM C 618 Table 1 shall apply with the folowing exceptions:
(1) Footnote A shall not apply.
(2) Loss on Ignition shall not exceed 3.0 percent.
Class C fly ash will not be permitted in concrete where Type V portland cement is required.
Fly ash shall be from a preapproved source listed on the Department's Approved Products List. The fly ash
intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports
showing that the fly ash meets the specification requirements and supporting this statement with actual test
results shall be submitted to the Engineer.
Preapproval shall include submission of a report from the supplier documenting the results of testing the fly ash
from that source in accordance with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR
261, Appendix II. The report shall include the results of TCLP testing for heavy metals and other contaminants
found in the fly ash. The report shall list the contaminants tested, and the allowable levels for each contaminant
tested. A new report shall be submitted for each preapproved source annually. Additional TCLP testing may be
required when the department suspects that the fly ash source may have been contaminated.
The fly ash shall be subject to sampling and testing by the Department. Test results that do not meet the physical
and chemical requirements may result in the suspension of the use of fly ash until the.corrections necessary have
been taken to insure that the material meets the specifications.
701.03 Silica Fume. Silica fume for concrete shall conform to the requirements of ASTM C 1240.
Silica Fume shall be from a preapproved source listed on the Department's Approved Products List. The silica
fume intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports
showing that the silica fume meets the specification requirements and supporting this statement with actual test
results shall be submitted to the Engineer. The certification for silica fume shall state the solids content if the
silica fume admixture is furnished as slurry.
The silica fume shall be subject to sampling and testing by the Department. Test results that do not meet the
physical and chemical requirements may result in the suspension of the use of the silica fume until the corrections
necessary have been taken to insure that the material meets the specifications.
October 14, 2003
1
REVISION OF SECTION 702
ASPHALT EMULSIONS
Section 702 of the Standard Specifications is hereby revised for this project as follows:
In subsection 702.03 delete the second sentence in the first paragraph and replace with the following:
Emulsified asphalt and aggregate used for seal coats shall be sampled and will be tested for information only
according to CP-L 2213, Chip Seal Compatibility.
In subsection 702.03 delete (a), including Tables 702-4 and 702-5, and replace with the following:
(a) Polymerized emulsions for seal coat shall conform to the following requirements for CRS-2P (Cationic,
Polymerized) or HFRS-2P (Anionic, Polymerized, High Float). CRS-21D or HFRS-2P shall be an
emulsified blend of polymerized asphalt, water, and emulsifiers. The asphalt cement shall be polymerized
prior to emulsification and shall contain a minimum of three (3.0) percent polymer by weight of asphalt
cement. The emulsion standing undisturbed for a minimum of 24 hours shall show no white, milky
separation but shall be smooth and homogeneous throughout. The emulsion shall be pumpable and
suitable for application through a distributor. The emulsified blend shall conform to the requirements listed
in Table 702-4.
October 14, 2003
2
REVISION OF SECTION 702
ASPHALT EMULSIONS
Table 702-4
Property
CRS-2P
HFRS-2P
AASHTO
Test No.
Tests on Emulsion:
Viscosity, at 50°C, Sabolt-
Furol, s
min
50
50
T 59
max
450
450
Storage stability, 24 hr, % max
1.0
1.0
T 59
Particle charge test
Positive
T 59
Sieve test, % max
0.10
0.10
T 59
Demulsibility, % min
40
40
T 59
Oil Distillate by volume, % max or range
3.0
3.0
T-59
Residue by distillation/ evaporation2, %
min
652
652
T 59/
CP-L 2212' 3
Tests on residue:
Penetration, 25°C, 100g, 5s, min
70
70
Penetration, 25°C, 100g, 5s, max
150
150
T 49
Ductility, 25°C, 5 cm/min, cm, min
75
T 51
Solubility, in trichloroethylene% min
97.5
97.5
T 44
Elastic Recovery, 50OF min
58
CP-L 22113
Float Test, 60°C, s min
1200
T 50
Toughness, in-lbs, min
70
CP-L 22103
Tenacity, in-lbs, min
45
CP-L 22103
1 CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for tests on
residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the
tests will be repeated using the distillation test in accordance with AASHTO T-59 to determine acceptability.
z For high float emulsions the distillation and evaporation tests will in be in accordance with AASHTO T-59 or CP-L 2212
respectively with modifications to include 205 ± 5°C (400 ± 101F) maximum temperature to be held for 15 minutes.
3 Colorado Procedure - Laboratory
October 14, 2003
3
REVISION OF SECTION 702
ASPHALT EMULSIONS
In subsection 702.03 delete the last sentence of the note at the bottom of Table 702-8 and replace with the
following:
Emulsified Asphalt (HFMS-2sP) with a residual penetration greater than 300 mm shall meet all properties listed in
Table 702-8, except that Elastic Recovery shall be reported for information only.
Subsection 702.04 shall include the following:
For hot -in -place recycling ARA 1 P is an acceptable alternative to ARA. ARA-1 P shall meet the requirements
below:
Emulsified Polymer Modified Asphalt Rejuvenating Agent (ARA-1 P) for use in hot -in -place recycling of bituminous
pavements shall be modified with a minimum of 3.0% styrene-butadiene solution polymer. The finished product
shall conform to the physical requirements listed in Table 702-10A below.
Table 702-10A
Test on Emulsion
Test Method
Min
Max
Viscosity, Saybolt-Furol @ 77°F, s
ASTM D 244
15
100
Residue @ 350°F, %
ASTM D244 Mod
60
Sieve Test, %
ASTM D244
0.10
Oil distillate, %
ASTM D244
2.0
Test on Residue
Residue from D244 Mod
Penetration @ 39.2°F, 50g, 5s
ASTM D-5 Modified
300
Asphaltenes, %
ASTM D4124
15
Rotational Viscosity @ 275°F,
#21 spindle, 150 rpm, cps
ASTM D4402
20
100
21. What are the limits of your public liability? DETAIL
2 million p1us 2 million umbreall
What company? Travelers, agent: Flood & Peterson I)isurance
22. What are your company's bonding limitations? 5 million
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 Loveland this 27th day of April , 20 04
Title: Miriam T.-.Hoff, Secretary;rreasurer
State of Colorado
County of Larimer
Miriam T. Hoff being duly sworn deposes and says that he is
Secretary Treasurer of G.L. Hoff Company and that
(name of organization)
the answers to the foregoing questions and all statements therein contained are
true and correct.
Subscribed and sworn to before me this 2 7�� day of
20QS�.
otTar y Public
My commission expires /2-/-� -O%
7/96 Section 00420 Page 3
January 16, 2004
REVISION OF SECTION 702
SUPERPAVE PG BINDERS
Section 702 of the Standard Specifications is hereby revised for this project as follows:
Subsection 702.01(a) shall include the following:
Asphalt cement shall not be acid modified or alkaline modified.
In subsection 702.01(b) delete Table 702-2 and replace with the following:
Table 702-2
SuperPave Performance Graded Binders
PROPERTY
REQUIREMENT FOR PG BINDER
AASHTO
Test No.
58-28
58-34
64-22
64-28
76-28
Flash Point Temp., *C, minimum
230
230
230
230
230
T 48
Viscosity at 135 *C, Pa•s, maximum
3
3
3
3
3
TP 48
Dynamic Shear, Temp. °C, where G*/Sin S @ 10
rad/s >_ 1.00 kPa
58
58
64
64
76
TP 5
Ductility, 4 °C (5 cm/min.), cm minimum
-
-
-
50
-
T 51
Toughness, joules (inch-Ibs)
11.
'CP L-2210
Tenacity, joules (inch-Ibs)
-
-
8.5(75)
*CP L-2210
Acid or Alkali Modification (pass -fail)
*CP L-2214
RTFO Residue Properties
CP-L 2215
Mass Loss, percent maximum
1.00
1.00
1.00
1.00
1.00
CP-L 2215
Dynamic Shear, Temp. °C, where G'/Sin b @ 10
rad/s >_ 2.20 kPa
58
58
64
64
76
TP 5
Elastic Recovery, 25 °C, percent min.
-
-
-
-
50
*CP L-2211
Method A
Ductility, 4 °C (5 cm/min.), cm minimum
20
-
T 51
PAV Residue Properties, Aging Temperature
100 "C
PP 1
Dynamic Shear, Temp. °C, where G*•Sin b @
10 rad/s <_ 5000 kPa
19
16
25
22
28
TP 5
Creep Stiffness, @ 60 s, Test Temperature in °C
-18
-24
-12
-18
-18
S, maximum, MPa
300
300
300
300
300
TP 1
m-value, minimum
0.300
0.300
0.300
0.300
0.300
TP 1
"Direct Tension, Temperature in °C, @ 1
mm/min., where failure strain >_ 1.0
18
24
12
18
18
TP 3
-Colorado Procedure
"Direct tension measurements are required when needed to show conformance to AASHTO MP 1.
In subsection 702.01 (b) delete the last four paragraphs and replace with the following:
The supplier of the PG binder shall be certified in accordance with CP 11
Samples of the PG binder for acceptance shall be sampled on the project as stated in the Schedule of the Field
Materials Manual_
The Department will test for acid modification and alkaline modification during the binder certification process.
Thereafter, the Department will randomly test for acid modification and alkaline modification.
October 14, 2003
REVISION OF SECTION 703
AGGREGATE FOR PLANT MIX PAVEMENTS
Section 703 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 703.04 and replace with the following:
Aggregates for hot plant mix bituminous pavement (HBP) shall be of uniform quality, composed of clean, hard,
durable particles of crushed stone, crushed gravel, natural gravel, or crushed slag. Excess of fine material shall
be wasted before crushing. For Gradings S, SX, and SG, a percentage of the aggregate retained on the 4.75 mm
(No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with
Colorado Procedure 45. This percentage will be specified in Table 403-1, as revised for the project in Section
403. The angularity of the fine aggregate shall be a minimum of 45.0% when determined according to AASHTO T
304. Aggregate samples representing each aggregate stockpile shall be non -plastic if the percent of aggregate
passing the 2.36 mm (No. 8) sieve is greater than or equal to 10 percent by weight of the individual aggregate
sample. Plasticity will be determined in accordance with AASHTO T 90. The material shall not contain clay balls,
vegetable matter, or other deleterious substances.
The aggregate for Gradings S, SX, and SG shall have a percentage of wear of 45 or less when tested in
accordance with AASHTO T 96.
TABLE 703-3A
Master Ranae Tahla fnr Hnt Rifiiminn,o¢
Sieve Size
Percent by Weight Passing Square Mesh Sieves
Grading SX
Grading S
Grading SG
37.5 mm (1'/z')
100
25.0 mm (1")
100
90-100
19.0 mm (/")
100
90-100
12.5 mm ('/z')
90-100
9.5 mm
4.75 mm (#4)
2.36 mm (#8)
28 — 58
23 - 49
19 - 45
1.18 mm (#16)
600 µm (#30)
300 µm (#50)
150 µm (#100)
75 µm (#200)
2 — 10
2-8
1 - 7
I1CJv duultlul161 rufm '+o Opecincanon acreens will initially be established using values from the As Used
Gradation shown on the Design Mix.
Aggregates for stone mastic asphalt (SMA) shall be of uniform quality, composed of clean, hard, durable particles
of crushed stone, crushed gravel, or crushed slag. A minimum of 90% of the particles retained on the 4.75 mm
(No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with
Colorado Procedure 45. The particles passing the 4.75 mm (No. 4) sieve shall be the product of crushing rock
larger than 12.5 mm ('/2 inch) and shall be non -plastic when tested in accordance with AASHTO T 90.
Additionally, each source of aggregate for SMA shall meet the following requirements
(1) No more than 30% when tested in accordance with AASHTO T 96 Resistance to Degradation of Small -
Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine.
(2) No more than 12% when tested in accordance with AASHTO T 104 Soundness of Aggregate by Use of
Sodium Sulfate.
October 14, 2003
2
REVISION OF SECTION 703
AGGREGATE FOR PLANT MIX PAVEMENTS
TABLE 703-313
Master Ranae Table far Stnna Mncfic Acnhnif
Sieve Size
Percent by Weight Passing Square Mesh Sieves
9.5 mm (%") nominal
12.5 mm (%") nominal
19.0 mm (1/4") nominal
19.0 mm (%")
100
12.5 mm (%")
100
100
85 — 95
9.5 mm (3/8')
90 — 100
85 — 95
55 — 75
4.75 mm (#4)
30 — 55
24 — 32
24 — 32
2.36 mm (#8)
20 -'42
16 — 24
16 — 24
1.18 mm (#16)
600 µm (#30)
12 — 25
10 — 16
10 — 16
300 µm (#50)
150 µm (#100)
75 µm (#200)
8 — 12
8 — 12
8 — 12
March 6, 2003
REVISION OF SECTION 703
CONCRETE AGGREGATES
Section 703 of the Standard Specifications is hereby revised for this project as follows:
In subsection 703.00, delete Table 703-1 and replace with the following:
Table 703-1
Concrete Aggregate Gradation Table,
Percentages Passing Designated Sieves and Nominal Size Designation
Coarse Aggregates (From AASHTO M 43)
Fine
Aggregat
e
No.3
No.357
No.4
No.467
No.57
No.6
No.67
No.7
No.8
AASHTO
M6
Sieve
50 mm
50 mm
37.5 mm
37.5 mm
25.0 mm
19.0 mm
19.0 mm
12.5 mm
9.5 mm
4.75 mm
Size
to 25.0
to 4.75
to 19.0
to 4.75
to 4.75
to 9.5
to 4.75
to 4.75
to 2.36
to 150 Um
mm (2"
mm (2"
mm (1'/:"
mm (1%:"
mm (1"
mm ('/<"
mm ('/<"
mm ('h"
mm ('!e "
(#4 to
to 1"
to #4
to %<")
to #4)
to #4)
to 3/8)
to #4)
to #4)
to #8)
#100
63 mm
100
100
2%s")
50 mm
90 - 100
95 -100
100
100
2"
37.5 mm
35 - 70
90 - 100
95 - 100
100
1%')
-
25.0 mm
0 - 15
35 - 70
20 - 55
95 - 100
100
100
1"
0 - 15
35 - 70
90 - 100
90 - 100
100
3
(3/")
12.5mm
0-5
10-30
25-60
20-55
90-100
100
9.5 m
0-5
10-30
0-15
20-55
40-70
85-100
100
4.75 mm
0-5
0-5
0-10
0-5
0-10
0-15
10-30
95-100
#4)
2.36mm
#8
0-5
0-5
0-5
0-10
80-100
1.18 mm
(#16)
0-5
50 - 85
600 um
#30
25 - 60
300 um
#50)
10 - 30
150um
#100
2-10
In subsection 703.01, delete the last sentence and replace with the following:
The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 nor greater that 3.50 unless
otherwise approved.
July 21, 1999
I
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
A. AFFIRMATIVE ACTION REQUIREMENTS
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)
1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal
Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the
Contractor's aggregate workforce in each trade on all construction work in the covered area are as
follows:
Goals and Timetable for Minority Utilization
Timetable - Until Further Notice
Economic
Standard Metropolitan
Counties
Goal
Area
Statistical Area (SMSA
Involved
157
2080 Denver -Boulder
Adams, Arapahoe, Boulder, Denver,
(Denver)
Douglas, Gilpin, Jefferson ...................
13.8%
2670 Fort Collins
Larimer................................................
6.9%
3060 Greeley
Weld....... ....
13.1%
Non SMSA Counties
Cheyenne, Clear Creek, Elbert,
Grand, Kit Carson, Logan, Morgan,
Park, Phillips, Sedgwick, Summit,
Washin ton & Yuma ............................
12.8%
158
1720 Colorado Springs
El Paso, Teller, .......... ............. ...........
10.9%
(Colo. Spgs. -
6560 Pueblo
Pueblo .................................................
27.5%
Pueblo)
Non SMSA Counties
Alamosa, Baca, Bent, Chaffee,
Conejos, Costilla, Crowley, Custer,
Fremont, Huerfano, Kiowa, Lake,
Las Animas, Lincoln, Mineral, Otero,
Prowers, Rio Grande, Sa uache........
19.0%
159
Non SMSA
Archuleta, Delta, Dolores, Eagle,
(Grand Junction)
Garfield, Gunnison, Hinsdale,
La Plata, Mesa, Moffat, Montezuma,
Montrose, Ouray, Pitkin, Rio Blanco,
Routt, San Juan, San Miguel
10.2%
156 (Cheyenne -
Non SMSA
Jackson County, Colorado.. .....
7.5%
Casper WY)
GOALS AND TIMETABLES FOR FEMALE UTILIZATION
Until Further Notice ................................................. ..................................................................... 6.9% Statewide
2 July21, 1999
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or
federally assisted) performed in the covered area. If the Contractor performs construction work in a
geographical area located outside of the covered area, it shall apply the goals established for such
geographical area where the work is actually performed. With regard to this second area, the Contractor
also is subject to the goals for both its federally involved and non -federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be
based on its implementation of the Equal Opportunity Clause specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for
the geographical area where the contract resulting form this solicitation is to be performed. The hours of
minority and female employment and training must be substantially uniform throughout the length of the
contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or trainees from
Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals
shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4.
Compliance with the 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.
3 July 21, 1999
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;
0) Black (all persons having origins in any of the Black African racial groups not of Hispanic
origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far
East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving
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.
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
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.
4 July21, 1999
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor's obligations under these specifications, Executive Order 11246, or the regulations
promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,
such apprentices and trainees must be employed by the Contractor during the training period, and the
Contractor must have made a commitment to employ the apprentices and trainees at the completion of
their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to
training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall
implement affirmative action steps at least as extensive as the following;
a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all
sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor,
where possible, will assign two or more women to each construction project. The Contractor shall
specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are
aware of and carry out the Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its union have employment opportunities available, and maintain a record of the
organization's responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female
off -the -street applicant and minority or female referral from a union, a recruitment source of
community organization and of what action was taken with respect to each individual. If such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor by
the union or, if referred, not employed by the Contractor, this shall be documented in the file with the
reason therefor, along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union with which the Contractor has a
collective bargaining agreement has not referred to the Contractor a minority person or woman sent
by the Contractor, or when he Contractor has other information that the union referral process has
impeded the Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which
expressly include minorities and women, including upgrading programs and apprenticeship and
trainee programs relevant to the Contractor's employment needs, especially those programs funded
or approved by the Department of Labor. The Contractor shall provide notice of these programs to
the sources compiled under 7b above.
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.
5 July21, 1999
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination or
other employment decisions including specific review of these items with onsite supervisory personnel
such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job
site. A written record shall be made and maintained identifying the time and place of these meetings,
persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification to and
discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing
business.
i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations,
to schools with minority and female students and to minority and female recruitment and training
organizations serving the Contractor's recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of applications for apprenticeship or other training by any
recruitment source, the Contractor shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and,
where reasonable, provide after school, summer and vacation employment to minority and female
youth both on the site and in other areas of a Contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR
Part 60-3.
I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for
promotional opportunities and encourage these employees to seek or to prepare for, through
appropriate training, etc. such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and other personnel practices,
do not have a discriminatory effect by continually monitoring all personnel and employment related
activities to ensure that the EEO policy and the Contractor's obligations under these specifications are
being carried out.
n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single -
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the
Contractor's EEO policies and affirmative action obligation.
July21, 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).
July21, 1999
7
G.L. Hoff Company
Construction Experience
Gregory L. Hoff, President and Construction Manager
For the past thirty years, Greg has been involved with all aspects of construction. Greg
established G.L. Hoff Company in 1984. Serving as president and project superintendent,
Greg is a driving force in the company.
Graduating from Northeastern Junior College in 1972 with a degree in Civil Engineering
Technology, his early work included surveying and architectural design and drafting. He
has held a Class B Commercial Contractor's License with the City of Fort Collins since
1976. Currently, Greg is a licensed contractor in the cities of Loveland, Fort Collins, and
Boulder.
Prior to 1984, Greg worked with A] Hockett, Inc. initially as an architectural draftsman and
progressing to project superintendent. He was also a partner in H&M Builders from 1976
to 1980. This company specialized in custom homes, tenant finish and custom millwork.
Beginning in 1984, Greg established G.L. Hoff Company, a commercial general contracting
company which specializes in all types of commercial construction including sitework,
excavation, structural concrete, and commercial buildings. As president and construction
superintendent for G.L. Hoff Company, Greg supervises a wide variety of projects
including, schools, churches, city and government projects, city park developments, as well
as many light industrial and concrete construction jobs. Greg oversees project scheduling,
review of construction procedures and specifications, monitors quality control and safety
enforcement on job sites. As president and construction supervisor, Greg works closely
with project owners, architects and engineers throughout the project.
Greg is an active member of the Loveland construction community. He has volunteered his
time to the Loveland Construction Advisory Board for over 15 years. While serving as
Chairman, this Board, the city adopted licensing for contractors. He is currently serving on
a review committee to study the International Building Code prior to adoption by the City
of Loveland.
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES.
1. General.
a. Equal employment opportunity requirements not to discriminate and to take affirmative action to
assure equal employment opportunity as required by Executive Order 11246 and Executive Order
11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and
these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as
established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these
Special Provisions shall constitute the specific affirmative action requirements for project activities
under this contract and supplement the equal employment opportunity requirements set forth in the
Required Contract provisions.
b. The Contractor will work with the State highway agencies and the Federal Government in carrying out
equal employment opportunity obligations and in their review of his/her activities under the contract.
c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of
$10,000 or more, will comply with the following minimum specific requirement activities of equal
employment opportunity: (The equal employment opportunity requirements of Executive Order 11246,
as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program
Manual, are applicable to material suppliers as well as contractors and subcontractors.) The
Contractor will include these requirements in every subcontract of $10,000 or more with such
modification of language as is necessary to make them binding on the subcontractor.
2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following
statement which is designed to further the provision of equal employment opportunity to all persons
without regard to their race, color, religion, sex, or national origin, and to promote the full realization of
equal employment opportunity through a positive continuing program;
It is the policy of this Company to assure that applicants are employed, and that employees are treated
during employment, without regard to their race, religion, sex, color, or national origin. Such action shall
include; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, preapprenticeship, and/or on-the-job training.
3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State
highway agency contracting officers and equal employment opportunity officer (herein after referred to as
the EEO Officer) who will have the responsibility for an must be capable of effectively administering and
promoting an active contractor program of equal employment opportunity and who must be assigned
adequate authority and responsibility to do so.
4. Dissemination of Policy.
a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are substantially involved in such action, will be
made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and
contractual responsibilities to provide equal employment opportunity in each grade and classification
of employment. To ensure that the above agreement will be met, the following actions will be taken
as a minimum;
(1) Periodic meetings of supervisory and personnel office employees will be conducted before the
start of work and then not less often than once every six months, at which time the Contractor's
equal employment opportunity policy and its implementation will be reviewed and explained. The
meetings will be conducted by the EEO Officer or other knowledgeable company official.
8 July21, 1999
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
(2) All new supervisory or personnel office employees will be given a thorough indoctrination by the
EEO Officer or other knowledgeable company official, covering all major aspects of the
Contractor's equal employment opportunity obligations within thirty days following their reporting
for duty with the Contractor.
(3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO
Officer or appropriate company official in the Contractor's procedures for locating and hiring
minority group employees.
b. In order to make the Contractor's equal employment opportunity policy known to all employees,
prospective employees and potential sources of employees, i.e., schools, employment agencies, labor
unions (where appropriate), college placement officers, etc., the Contractor will take the following
actions:
(1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be
placed in areas readily accessible to employees, applicants for employment and potential
employees.
(2) The Contractor's equal employment opportunity policy and the procedures to implement such
policy will be brought to the attention of employees by means of meetings, employee
handbooks, or other appropriate means.
5. Recruitment.
a. When advertising for employees, the Contractor will include in all advertisements for employees
the notation; "An Equal Opportunity Employer." All such advertisements will be published in
newspapers or other publications having a large circulation among minority groups in the area
from which the project work force would normally be derived.
b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and
direct recruitment through public and private employee referral sources likely to yield qualified
minority group applicants, including, but not limited to, State employment agencies, schools,
colleges and minority group organizations. To meet this requirement, the Contractor will, through
his EEO Officer, identify sources of potential minority group employees, and establish with such
identified sources procedures whereby minority group applicants may be referred to the
Contractor for employment consideration.
In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall
referrals, he is expected to observe the provisions of that agreement to the extent that the system
permits the Contractor's compliance with equal employment opportunity contract provisions. (The
U.S. Department of Labor has held that where implementation of such agreements have the
effect of discriminating against minorities or women, or obligates the Contractor to do the same,
such implementation violates Executive Order 11246, as amended.)
c. The Contractor will encourage his present employees to refer minority group applicants for
employment by posting appropriate notices or bulletins in areas accessible to all such employees.
In addition, information and procedures with regard to referring minority group applicants will be
discussed with employees.
6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and
administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national
origin. The following procedures shall be followed;
a. The Contractor will conduct periodic inspections of project sites to insure that working conditions
and employee facilities do not indicate discriminatory treatment of project site personnel.
July 21, 1999
9
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
b. The Contractor will periodically evaluate the spread of wages paid within each classification to
determine any evidence of discriminatory wage practices.
c. The Contractor will periodically review selected personnel actions in depth to determine whether
there is evidence of discrimination. Where evidence is found, the Contractor will promptly take
corrective action. If the review indicates that the discrimination may extend beyond the actions
reviewed, such corrective action shall include all affected persons.
d. The Contract will promptly investigate all complaints of alleged discrimination made to the
Contractor in connection with his obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a reasonable time. If the
investigation indicates that the discrimination may affect persons other than the complainant, such
corrective action shall include such other persons. Upon completion of each investigation, the
Contractor will inform every complainant of all of his avenues of appeal.
7. Training and Promotion.
a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and
women employees, and applicants for employment.
b. Consistent with the Contractor's work force requirements and as permissible under Federal and
State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and
on-the-job training programs for the geographical area of contract performance. Where feasible,
25 percent of apprentices or trainees in each occupation shall be in their first year of
apprenticeship or training.
c. The Contractor will advise employees and applicants for employment of available training
programs and entrance requirements for each.
d. The Contractor will periodically review the training and promotion potential of minority group and
women employees and will encourage eligible employees to apply for such training and
promotion.
8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the
Contractor will use his/her best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women with the unions, and to effect referrals by such unions of
minority and female employees. Actions by the Contractor either directly or thorough a contractor's
association acting as agent will include the procedures set forth below:
a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training
programs aimed toward qualifying more minority group members and women for membership in
the unions and increasing the skills of minority group employees and women so that they may
qualify for higher paying employment.
b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into
each union agreement to the end that such union will be contractually bound to refer applicants
without regard to their race, color, religion, sex, or national origin.
c. The Contractor is to obtain information as to the referral practices and policies of the labor union
except that to the extent such information is within the exclusive possession of the labor union and
such labor union refuses to furnish such information to the Contractor, the Contractor shall so
certify to the State highway department and shall set forth what efforts have been made to obtain
such information.
10 July 21, 1999
AFFIRMATIVE ACTION REQUIREMENTS
EQUAL EMPLOYMENT OPPORTUNITY
d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and
women referrals within he time limit set forth in the collective bargaining agreement, the Contractor
will, through independent recruitment efforts, fill the employment vacancies without regard to race,
color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority
group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that
the union with which the Contractor has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union referral practice prevents the
Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these
special provisions, such Contractor shall immediately notify the State highway agency.
9. Subcontracting.
a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors
or subcontractors with meaningful minority group and female representation among their employees.
Contractors shall obtain lists of minority -owned construction firms from State highway agency
personnel.
b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal
employment opportunity obligations.
10. Records and Reports.
a. The Contractor will keep such records as are necessary to determine compliance with the
Contractor's equal employment opportunity obligations. The records kept by the Contractor will be
designed to indicate:
(1) The number of minority and nonminority group members and women employed in each work
classification on the project.
(2) The Progress and efforts being made in cooperation with unions to increase employment
opportunities for minorities and women (applicable only to contractors who rely in whole or in part
on unions as a source of their work force).
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading
minority and female employees, and
(4) The progress and efforts being made in securing the services of minority group subcontractors or
subcontractors with meaningful minority and female representation among their employees.
b. All such records must be retained for a period of three years following completion of the contract work
and shall be available at reasonable times and places for inspection by authorized representatives of
the State highway agency and the Federal Highway Administration.
c. The Contractors will submit an annual report to the State highway agency each July for the duration of
the project, indicating the number of minority, women, and non -minority group employees currently
engaged in each work classification required by the contract work. This information is to be reported
on Form PR 1391.
December 20, 2002
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DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
(a) Definitions and Procedures
For this project, the following terms are defined:
1. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being:
A. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in
the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or
more socially and economically disadvantaged individuals; and
B. Whose management and daily business operations are controlled by one or more of the socially and
economically disadvantaged individuals who own it.
C. Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully
admitted permanent resident) of the United States and who is:
(1) Any individual whom the Colorado Department of Regulatory Agencies Office of Certification
finds to be a socially and economically disadvantaged individual.
(2) Any individual in the following groups, members of which are rebuttably presumed to be socially
and economically disadvantaged:
a. 'Black Americans," which includes persons having origins in any of the Black racial groups of
Africa;
b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican,
Central or South American, or other Spanish or Portuguese culture or origin, regardless of
race;
c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or
Native Hawaiians;
d. "Asian -Pacific Americans," which includes persons whose origins are from Japan, China,
Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand,
Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the
Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands,
Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong;
e. "Subcontinent Asian Americans," which includes persons whose origins are from India,
Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;
f. "Women", which means females of any ethnicity
g. "Other," which means any additional groups whose members are designated as socially and
economically disadvantaged by the Small Business Administration (SBA), at such time as the
SBA designation becomes effective and/or individuals who have been determined to be
socially and economically disadvantaged based on the criteria for social and economic
disadvantage.
2. Underutilized DBE (UDBE). A firm which meets the definition of DBE above and is eligible to meet the
contract goal as defined in the project special provision titled "Contract Goal
3. DBE Joint Venture. Joint venture means an association of a DBE firm and one or more other firms to
carry out a single, for -profit business enterprise, for which the parties combine their property, capital,
efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of
the work of the contract and whose share in the capital contribution, control, management, risks, and
profits of the joint venture are commensurate with its ownership interest.
December 20. 2002
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DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
A DBE joint venture must be certified as a joint venture by the Business Programs Office at CDOT.
A. For those projects set -aside for bidding by UDBEs only; all of the partners in a joint venture must be
UDBEs and certification of the joint venture will not be required.
B. For all projects other than the set -aside projects discussed in A. above; one of the partners in a joint
venture must be a DBE. The DBE percentage of the joint venture will be determined at the time of
certification.
4. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be
met by the successful bidder. Contract goal will be the percentage stated in the invitation for bids and in
the project special provisions. Successful bidders that are awarded a Contract based on good faith
efforts shall continue to make good faith efforts through the period of time that work on the project is in
process, to provide for additional UDBE participation toward meeting the goal.
5. Good Faith Efforts. It is the obligation of the bidder to make good faith efforts to meet the contract goal
prior to the bid opening. The bidder can demonstrate that it has done so either by meeting the contract
goal or by documenting good faith efforts made. The apparent low bidder shall report all efforts made
including but not limited to the efforts required on CDOT Form No. 718. The efforts employed by the
bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and
aggressively trying to obtain UDBE participation sufficient to meet the DBE contract goal. In determining
whether a bidder has made good faith efforts, CDOT may take into account the performance of other
bidders in meeting the contract. For example, when the apparent successful bidder fails to meet the
contract goal, but others meet it, CDOT may reasonably raise the question of whether, with additional
reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful
bidder fails to meet the goal, but meets or exceeds the average UDBE participation obtained by other
bidders, CDOT may view this, in conjunction with other factors, as evidence of the apparent successful
bidder having made good faith efforts.
The DBE Program manager in the Business Programs Office is responsible for determining whether a
bidder who has not met the contract goal has documented sufficient good faith efforts to be regarded as
responsible. The manager will ensure that all information is complete and accurate and adequately
documents the bidder's good faith efforts before CDOT commits to the performance of the contract by the
bidder. The DBE Program manager will notify the apparent low bidder by fax regarding any deficiencies
in the documentation and effort demonstrated by the bidder. This fax will include the DBE Program
manager's recommendation to the DBE Liaison Officer regarding whether the good faith effort
demonstrated was sufficient for the bidder to be regarded as responsible. If the bidder may be regarded
as responsible but with minor deficiencies in its good faith effort, the bidder will be expected to correct any
deficiencies noted prior to bidding on other CDOT projects.
Within 5 working days of being informed by CDOT that it is not a responsible bidder because it has not
documented sufficient good faith efforts, a bidder may request administrative reconsideration from the
Good Faith Efforts (GFE) Committee, which will not have played any role in the original determination that
the bidder did not document sufficient good faith efforts. The bidder should make this request in writing to:
Good Faith Efforts Committee
C/O Manager, Center for EO
4201 E. Arkansas Avenue, Denver, CO 80222
Phone: 303-757-9234
Fax: 303-757-9019
As part of this reconsideration, the bidder will have the opportunity to provide written documentation or
argument concerning the issue of whether it met the goal or made adequate good faith efforts prior to the
bid opening to do so. The bidder will also have the opportunity to meet in person with CDOT's GFE
December 20, 2002
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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,
December 20, 2002
-4-
DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
"Information For Determining Joint Venture Eligibility". Joint applications should be submitted well in
advance of bid openings.
(c) Bidding Requirements
All bidders shall submit with their proposals a fully executed CDOT Form No. 714 including a list of the
names of their UDBE subcontractors to meet the contract goal. The apparent low bidder shall submit a
fully executed CDOT Form No. 715 for each UDBE used to meet the contract goal (sample attached) no
later than 4:00 p.m. on the day after the date of bid opening to the Business Programs Office in the
Center for Equal Opportunity. CDOT Form No. 715 may be submitted by FAX, at Fax number (303)757-
9019, with an original copy to follow. In addition, the apparent low bidder shall submit written
confirmation from every UDBE used to meet the contract goal that it is participating in the contract as
provided in the prime contractor's commitment. If the contract goal is not met, the apparent low bidder
shall submit a CDOT form No. 718 and evidence of good faith efforts no later than 4:00 on the day
following the bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT
Form NO. 718 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow.
A copy of CDOT Form No. 718 is incorporated into this specification.
2. The award of Contract, if awarded, will be made to the lowest responsible bidder that will meet or exceed
the contract goal or, if the goal will not be met, is able to demonstrate that good faith efforts were made to
meet the goal. Good faith efforts are explained in (a)4 of this special provision.
3. The use of the UDBE firms named on CDOT Form No. 714 or on a CDOT Form No. 715, for the items of
work described, is a condition of award. The replacement of a named UDBE firm will be allowed only as
provided for in (e) of this special provision. Failure to comply will constitute grounds for default and
termination of the Contract.
4. Contractor's DBE Obligation. The prime Contractor bidding on construction projects advertised by the
Department agrees to ensure that Disadvantaged Business Enterprises (DBEs), as defined in this special
provision, have the maximum opportunity to participate in the performance of contracts or subcontracts
financed in whole or in part with Federal or State funds. The prime Contractor shall not discriminate on
the basis of race, color, national origin, or sex in the bidding process or the performance of contracts.
To ensure that UDBEs are offered maximum opportunity to participate in the performance of contracts, it
is the responsibility of the prime Contractor to offer and to provide assistance to UDBEs related to the
UDBE performance of the subcontract. However, the UDBE must independently perform a commercially
useful function on the project.
(d) Counting DBE Participation Toward Contract Goals and CDOT's annual DBE goal
1. Once a firm has been certified as a DBE the total dollar amount of the contract awarded to the firm shall
be counted toward CDOT's annual DBE goal and the contract goal as explained below, and as modified
for the project in the project special provisions titled "Contract Goal.
2. The actual dollar total of a proposed subcontract, supply or service contract with any DBE firm shall be
reported to the Department using CDOT Form No. 713. A CDOT Form No. 713 for subcontracts is to be
submitted with the CDOT Form No. 205 and receipt will be a condition of approval. 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.
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 DBE supplier or service firm will be finally established as of the date the CDOT Form No. 713 is
received by the Department. A CDOT Form No. 205 is not required for a supply or service contract.
December 20, 2002
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DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
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.
3. The Contractor may count toward its contract goal the percentage of the total dollar amount of a contract
with a Department certified joint venture that equals the percentage of the ownership and control of the
UDBE partner in a joint venture.
4. A. The Contractor may count toward its contract goal only that percentage of expenditures to UDBEs
which independently perform a commercially useful function in the work of a contract. A DBE is
considered to be performing a commercially useful function by actually performing, managing, and
supervising the work involved. To determine whether a DBE is performing a commercially useful
function, the Department will evaluate the amount of work subcontracted, work performed solely by
the DBE, industry practices, and other relevant factors.
B. A DBE may enter into subcontracts consistent with normal industry practices. If a DBE contractor
subcontracts over 51 % of the work of the Contract the DBE shall be presumed not to be performing a
commercially useful function. The DBE may present evidence to rebut this presumption to the
Department.
5. The Contractor may count toward its contract goal the percentage of expenditures for materials and
supplies obtained from UDBE suppliers (regular dealers) and manufacturers, provided that the UDBEs
assume the actual and contractual responsibility for and actually provide the materials and supplies.
A. The Contractor may count 100 percent of its expenditures to a UDBE manufacturer. A DBE
manufacturer is a certified firm that operates or maintains a factory or establishment that produces on
the premises the materials or supplies obtained by the Contractor.
B. The Contractor may count 60 percent of its expenditures to UDBE suppliers that are not
manufacturers, provided that the DBE supplier performs a commercially useful function in the supply
process. A DBE supplier is a certified firm that owns, operates, or maintains a store, warehouse, or
other establishment in which the materials or supplies required for the performance of the Contract
are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a
supplier the firm must engage in, as its principal business and in its own name, the purchase and sale
of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and
petroleum products need not keep such products in stock, if it owns or operates distribution
equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the
meaning of this section.
C. The Contractor may count toward its contract goal the following expenditures to UDBE firms that are
not manufacturers or suppliers:
(1) The fees or commissions charged for providing a bona fide service, such as professional,
technical, consultant or managerial services and assistance in the procurement of essential
personnel, facilities, equipment, materials or supplies required for performance of the Contract,
provided that the fee or commission is determined by the Department to be reasonable and not
excessive as compared with fees customarily allowed for similar services.
(2) The fees charged for delivery of materials and supplies required to a job site (but not the cost of
the materials and supplies themselves) when the hauler, trucker, or delivery service is not also
the manufacturer of or a supplier of the materials and supplies, provided that the fee is
determined by the Department to be reasonable and not excessive as compared with fees
customarily allowed for similar services.
(3) The fees or commissions charged for providing any bonds or insurance specifically required for
the performance of the Contract, provided that the fee or commission is determined by the
December 20, 2002
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DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
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
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.
I. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively
prosecute the work under a fully executed subcontract, the Contractor shall furnish to the Department the
following:
A. Written permission of the named UDBE. Written permission may be waived only if such permission
cannot be obtained for reasons beyond the control of the Contractor.
B. A full written disclosure of the circumstances making it impossible for the Contractor to comply with
the condition of award.
C. Documentation of the Contractor's assistance to the UDBE named on CDOT Form No. 714 or on
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.
Joel S. Reger, Estimator and Project Manager
Joel has a Bachelor of Science Degree in Construction Management from Colorado State
University and seventeen years experience in the construction field. He has continued his
education with estimating seminars including training with American Building Company's
estimating Access workshop. He is also an active member of the Sigma Lambda Chi
honorary national construction fraternity.
During the past thirteen years, as the chief estimator with G.L. Hoff Company, Joel has
compiled bids and development estimates for projects valued at up to five million dollars.
As chief estimator, he directs the project bidding process as well as the review of
specifications. He also works directly with project management, coordinating proposal
requests and change orders with the architect or owner, overseeing material orders to insure
that the project is completed in a timely manner and according to specifications. Joel is an
important and effective member of every Design -Build project with G.L. Hoff Company.
He works closely with the owner and architect to understand project goals and provide
detailed project budgets and construction options to meet the owner's needs.
Patrick R. Norris, Estimator/Project Manager
Pat brings over twenty five years of construction experience to his position as estimator and
project manager. His background includes experience with residential, commercial and
industrial construction. Pat began his career as a carpenter, form setter and equipment
operator. With 18 years working as a field foreman, he has a broad understanding of
building methods and materials as well as site safety and personnel management. His
knowledge of construction has enabled Pat to be an effective estimator and project
manager. During the past 6 years, Pat has bid and managed projects valued up to $
December 20, 2002
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DISADVANTAGED BUSINESS ENTERPRISE
DEFINITIONS AND REQUIREMENTS
D. Copy of the contract between the Contractor and the UDBE subcontractor, plus any modifications
thereto.
E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the
results of the efforts.
In the event the Contractor is able to locate a replacement UDBE who can perform work at a reasonable
cost to the Contractor, and also demonstrates to the satisfaction of the CDOT that prior to bid it had
reason to believe that the named UDBE firm was responsible and not expected to default, the
Department may modify or renegotiate the Contract to compensate the Contractor for any reasonable
extra costs, because of a higher price in the proposal of the replacement UDBE subcontractor than that of
the original UDBE subcontractor who failed to perform.
Provided, however, that the Department will not be obligated to participate in any increased cost to the
Contractor if the UDBE that fails to perform has a recent history of performance failure(s) or default that
was either known, or should have been known, to the Contractor prior to award.
3. If the Contractor is unable to locate a UDBE replacement that is both interested in and capable of
performing the work at a reasonable cost, the Department may waive the requirement that the work be
performed by a UDBE and the Contractor shall provide for the satisfactory completion of the work at no
additional cost to the Department.
(f) Sanctions
It is the obligation of the Contractor to provide DBE firms with the maximum opportunity to participate in the
performance of the work.
It is the responsibility of DBE firms to perform their work in a responsible manner fully consistent with the
intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE
definitions and requirements.
DBE firms which fail to perform a commercially useful function as described in subsection (d)4 of these DBE
definitions and requirements or operate in a manner which is not consistent with the intent of the DBE
program may be subject to revocation of certification.
A finding by the Department that the Contractor has failed to comply with the terms and conditions of these
DBE definitions and requirements shall constitute sufficient grounds for default and termination of the
Contract in accordance with subsection 108.08 of the specifications.
Attachments:
CDOT Form No. 715
CDOT Form No. 718
COLORADO DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF PROPOSED Project No.:
JNDERUTILIZED DBE (UDBE) Project Code (SA#):
[PARTICIPATION
Location: Form #: of
I Prime Contractor — Send completed/signed form to the Business Programs Office (instructions on second page)
(NOTE: See 49 CFR part 26.55, and the "DBE - Definitions and Requirements" in the Standard Special Provisions, for further information concerning
counting DBE participation of subcontractors, suppliers and service providers toward the project's UDBE goal.)
PART 1 a —SUBCONTRACT
NAME OF UDBE FIRM
TIER
CERTIFICATION #
EXPIRATION ELIGIBLE UDBE SUBCONTRACT
DATE AMOUNT
(ACTUAL CONTRACT AMOUNT
ITEMS OF WORK SUBCONTRACTED:
PART 1 b — SUPPLY CONTRACT
If the supplier is a UDBE "Manufacturer' of the item(s):
• ACTUAL UDBE AMOUNT = Entire expenditure for materials and supplies including cost of any, delivery"services provided by the firm
• ELIGIBLE UDBE SUPPLY AMOUNT = 1 (ACTUAL UDBE AMOUNT) X 100%
If the supplier is a UDBE "Regular Dealer' of the item(s):
• ACTUAL UDBE AMOUNT = Entire expenditure for materials and supplies Including cost of any delivery services provided by the firm
• ELIGIBLE UDBE SUPPLY AMOUNT = 1 (ACTUAL UDBE AMOUNT) X "6Q% �.
If the supplier is neither a "Manufacturer" nor a "Regular Dealer' of the Itam(s) see PART 1 c — SERVICE / BROKER CONTRACT.
NAME OF UDBE FIRM
CERTIFICATION#
EXPIRATION `
DATE
ACTUAL UDBE ELIGIBLE UDBE SUPPLY
AMOUNT AMOUNT
f
MATERIALS SUPPLIED:
PART 1c — SERVICE / BROKER CONTRACT
Transportation service "(hauIIng) fees/commissions are to be counted toward contract goals in this section (provided the trucker is NOT
classified as a "Manufacturer' or a "Regular Dealer' for the materials supplied). Examples of other services to include in this section
would be brokering, bonding, consulting, security guards, and insurance.
For a UDBE "Service/Broker Contract":
• ACTUAL UDBE AMOUNT = Entire expenditure for services rendered including cost of any materialstsupplies provided by the firm
ELIGIBLE UDBE SERVICE FEE AMOUNT = [ (ACTUAL UDBE AMOUNT) — (Cost of any materials and supplies) I
(NOTE: The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered, provided
the fee/commission is determined by CDOT to be reasonable and not excessive as compared with fees customarily charged for similar services.)
NAME OF UDBE FIRM
CERTIFICATION #
EXPIRATION
DATE
ACTUAL UDBE ELIGIBLE UDBE SERVICE FEE
AMOUNT AMOUNT
SERVICES RENDERED:
Original - Business Prnnrnms Off,.
o.....:."..� ___
vua may :wa ua used GOUT Form 715 05/03
PART 2 - UDBE PARTICIPATION SUMMARY
A) What is the total dollar value of this proposed subcontract, supply contract, OR service/broker
ontract that is eligible for counting toward contract goals?
,MOTE: Provide in actual subcontractor dollars and not prime contract prices)
A>
A = [ TOTAL FROM "ELIGIBLE" COLUMNS IN PART 11
B) What is the total dollar value of proposed subcontracts that are eligible for counting towards
contract goals from prior sheets/forms?
B>
C) What is the accumulative value of proposed subcontracts that are eligible for counting towards
contract goals?
C>
C=[A + B]
D) What is the original contract bid total?
D>
E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs?
E=[(C - D) X 100]
E>
PART 3 - PRIME CONTRACTOR CERTIFICATION
;ertify that:
• my company has met the contracted UDBE goals or has attached a completed CDOT Form #718, DBE Good Faith Effort
Documentation.
• my company has accepted a proposal from the UDBE subcontraotorinamed above.
• my company has notified the proposed .UDBE subcontractor of the contracted UDBE commitment.
• my company's use of the proposed UDBE subcontractor for the items of work listed above is a condition of the contract award.
• my company will invite the proposed; UDBE subcontractor to attend the preconstruction conference.
• my company will not use a substitute.UDBE subcontractor for the proposed UDBE subcontractor's failure to perform under a
fully executed subcorttracf, unless my, company complies with the definitions and requirements section of the DBE Special
Provisions.
• 1 understand that fail3rP to rrimniv with the informatio h th'
I declare under
made on this d,
Prime Contractor Name:
Officer Signature and Title:
n s own on is form will be considered grounds for contract termination.
a]ir y4fi the second degree, and any other applicable state or federal laws, that the statements
true and complete to the best of my knowledge.
FORM INSTRUCTIONS
Date: / 1
Prime Contractor: 6. Retain a photocopy for your records.
1. An officer of the contractor(s) must complete this form. 7. 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 (i.e., UDBE firms). Business Programs Office
3. Complete ONLY ONE section for Part 1 (1 a, 1 b, OR 1 c) 4201 E. Arkansas Ave.
4. Complete ALL sections of Part 2 and Part 3 Denver, Colorado 80222
5. Submit a separate CDOT Form #715 for EACH proposed UDBE. FAX: (303) 757-9019
— Business Programs Office Previous editions may not be used CDOT Form 715 05103
PAGE 2
COLORADO DEPARTMENT OFTRANSPORTATION Pr°lect
UNDERUTILIZED DBE GOOD FAITH EFFORT Location
30CUMENTATION
Date
The Contractor who is the apparent low bidder on a CDOT construction project and has failed to meet the Underutilized DBE (UDBE
contract goals shall use this form to document good faith efforts made to date by said Contractor to attempt to meet these goals.
FAILURE TO FULLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID.
Each portion of this form is to be addressed in the space provided, or on supplemental sheets. Attach supporting documentation as
required. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal
Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303-757-9019) with an
original copy to follow. An extension may be granted by the DBE Liaison. Solely at its discretion, CDOT may request additional
information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts.
1. use sutncient oia items (including portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the
established UDBE participation goal. Indicate the total percentage of work identified for UDBE participation. The total percentage of
subcontract items identified for UDBE participation must equal or exceed the percentage goal established by CDOT.
it. t-or 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, including topic of 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
Previous editions are obsolete and may not be used CDOT Form #718 3/99
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
,ibcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received.
-hen 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
COALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OFTHE CONTRACT.
.npany
Signature
Title Phot
FAX
-I-
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 03-05-04
GENERAL DECISION NUMBERS C0030014 AND C0030015,
HIGHWAY CONSTRUCTION
Decision Nos. C0030014 and C0030015 dated June 13, 2003
Modifications
ID
supersedes Decision Nos. C0020014 and C0020015 dated
MOD 1 08-15-03 Pages 1, 5
1
March 12,2002.
MOD 2 09-19-03 Pages 1,2,5,6
MOD 3 01-16-04 Pages 1, 5
2
3
When work within a project is located in two or more counties,
and the minimum wages and fringe benefits are different for one
MOD 4 03-05-04 Pages 1, 5
4
or more job classifications, the higher minimum wages and
fringe benefits shall apply throughout the project.
General Decision No. C0030014 applies to the following counties: Adams, Arapahoe, Boulder, Denver, Douglas, El Paso,
Jefferson, Latimer, Mesa, Pueblo, and Weld counties.
General Decision No. C0030014
The wage and fringe benefits listed below reflect collectively bargained rates.
Code
Classif►cation
Basic Hourly
Fringe Benefits
Last
Rate
Mod
ELECTRICIANS: (Excluding traffic signal installation)
1200
Electrical work $200,000 or less (Pueblo county)
18.98
8.44
2
1201
Electrical work over $200,000 (Pueblo county)
23.74
8.44
2
1202
Electricians (Adams, Arapahoe, Boulder, Denver, Douglas,
Jefferson, Larimer, and Weld counties)
27.91
9.48
3
1203
Electricians (El Paso county)
24.54
11.20+ 3%
3
1204
Electricians (Mesa county)
18.40
7.20
4
POWER EQUIPMENT OPERATORS:
1300
Asphalt Screed
20.17
6.22
2
1301
Bituminous or Asphalt Spreader/Laydown Machine
20.17
6.22
2
1302
Bulldozer
20.17
6.22
2
Crane:
1305
50 tons and under
20.32
6.22
2
1306
51 to 90 tons
20.47
6.22
2
1307
91 to 140 tons
20.62
6.22
2
1308
141 tons and over
21.38
6.22
2
-2-
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 03-05-04
GENERAL DECISION NUMBERS C0030014 AND C0030015,
HIGHWAY CONSTRUCTION
General Decision No. C0030014
The wage and fringe benefits listed below reflect collectively bargained rates.
Code
Classification
Basic Hourly
Fringe Benefits
Last
Rate
Mod
POWER EQUIPMENT OPERATORS (cont.):
Drill Operator:
1309
William MF/Watson 2500 only
20.47
6.22
2
Grader/Blade:
6.22
2
1310
Rough
20.17
6.22
2
1311
Finish
20.47
6.22
2
Loader:
6.22
2
1312
Barber Green, etc., 6 cubic yards and under
20.17
6.22
2
1313
Over 6 cubic yards
20.32
6.22
2
Mechanic and/or Welder (Includes heavy duty and combination
mechanic and welder):
6 22
2
1314
Mechanic and/or Welder
20.32
6.22
2
1315
Mechanic/Welder (Heavy duty)
20.47
6.22
2
1316
Oiler
19.47
6.22
2
Power Broom:
6.22
2
1317
Under 70 HP
19.47
6.22
2
1318
70 HP and over
20.17
6.22
2
Roller:
6.22
2
1319
Self-propelled, rubber tires under 5 tons
19.82
6.22
2
1320
Self-propelled, all types over 5 tons
20.17
6.22
2
Scraper:
6.22
2
1321
Single bowl under 40 cubic yards
20.32
6.22
2
1322
Single bowl including pups 40 cubic yards and tandem bowls
and over
20.47
6.22
2
1323
Trackhoe
20.32
6.22
2
1324
Water Truck
20.32
6.22
2
Laborers:
1400
Asphalt Laborer/Raker, Common Laborer,
and Concrete Laborer/Mason Tender
16.29
4.25
-3-
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 03-05-04
GENERAL DECISION NUMBERS C0030014 AND C0030015,
HIGHWAY CONSTRUCTION
General Decision No. C0030014
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code
Classification
Basic Hourly
Fringe Benefits
Last
Rate
Mod
1500
Bricklayers
15.55
2.85
Carpenters:
1600
Form Work (Excluding curbs and gutters)
16.54
3.90
1601
All other work
16.61
3.88
1700
Concrete Finishers/Cement Masons
16.05
3.00
Ironworkers:
1900
Reinforcing
16.69
5.45
1901
Bridge Rail (Excludes guardrail)
18.22
6.01
Laborers:
2001
Fence Erector (Includes fencing on bridges)
13.02
3.20
2002
Form Work (Curbs and gutters only)
11.85
3.45
2003
Guardrail Erector (Excludes bridgerail)
12.89
3.20
2004
Landscape and Irrigation Laborer
12.26
3.16
2005
Pipelayer
13.55
2.41
2006
Striping Laborer (Pre -form layout and removal of pavement
markings)
12.62
3.21
2007
Traffic Director/Flagger
9.55
3.05
2008
Traffic and Sign Laborer (Sets up barricades and cones,
and installs permanent sign
12.43
3.22
PAINTERS
2100
Brush
16.94
2.10
2101
Spray
16.99
2.87
POWER EQUIPMENT OPERATORS:
2200
Backhoes
16.54
4.24
2201
Bobcat/Skid Loader
15.37
4.28
2202
Concrete Pump Operator
16.52
4.30
-4-
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 03-05-04
GENERAL DECISION NUMBERS C0030014 AND C0030015,
HIGHWAY CONSTRUCTION
General Decision No. C0030014
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code
Classification
Basic Hourly
Fringe Benefits
Last
Rate
Mod
POWER EQUIPMENT OPERATORS (cont.):
Drill Operator:
2203
All except William MF/Watson 2500
16.74
2.66
2204
Forklift
15.91
4.09
2205
Rotomill Operator
16.22
4.41
2206
Post Driver/Punch Machine
16.07
4.41
2207
Tractor
13.13
2.95
2208
Compactor
16.70
3.30
Traffic Signal Installation:
2300
Traffic Signal Installers
18.66
4.12
2301
Groundsman
11.44
3.25
Truck Drivers:
2400
Floats -Semi Truck
14.86
3.08
2401
Multipurpose Truck - Specialty & Hoisting
14.35
3.49
2402
Truck Mechanic
16.91
3.01
2403
Pickup Truck (Includes Pilot and Sign/Barricade Truck)
13.93
3.68
2405
Single Axle Truck
14.24
3.77
2406
Distributor Truck
15.80
5.27
2407
Dump Truck:
2408
14 cubic yards and under
14.93
5.27
2409
15 to 29 cubic yards
15.27
5.27
2410
30 to 79 cubic yards
15.80
5.27
2411
80 cubic yards and over
16.45
5.27
2412
Low Boy Truck
17.25
5.27
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award
only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(ii)].
END OF GENERAL DECISION NUMBER C0030014.
-5-
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 03-05-04
GENERAL DECISION NUMBERS C0030014 AND C0030015,
HIGHWAY CONSTRUCTION
General Decision No. C0030015 applies to the following counties: Alamosa, Archuleta, Baca, Bent, Chaffee, Cheyenne,
Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand,
Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, La Plata, Lake, Las Animas, Lincoln, Logan, Mineral, Moffat,
Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache,
San Juan, San Miguel, Sed wick, Summit, Teller, Washington, and Yuma counties.
When work within a project is located in two or more counties, and the minimum wages and fringe benefits are different
for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project.
General Decision No. C0030015
The wage and fringe benefits listed below reflect collectively bargained rates.
Code
Classification
Basic Hourly
Fringe Benefits
Last
Rate
Mod
ELECTRICIANS: (Including traffic signal installation)
Electrical work $200,000 or less (Alamosa, Archuleta, Baca,
3200
Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont,
Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Rio
18.98
8.44
2
Grande, and Saguache counties)
Electrical work over $200,000 (Alamosa, Archuleta, Baca,
3201
Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont,
Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Rio
24.74
8.44
2
Grande, and Saguache counties)
Electricians (Clear Creek, Eagle, Gilpin, Grand, Jackson, Lake,
3202
Logan, Morgan, Phillips, Sedgwick, Summit, Washington,
27.91
9.48
3
and Yuma counties)
3203
Electricians (Cheyenne, Elbert, Kit Carson, Lincoln, Park,
and Teller counties)
24.54
11.20+ 3%
3
Electricians (Dolores, Garfield, Gunnison, Hinsdale, La Plata,
3204
Moffat, Montezuma, Ouray, Pitkin, Rio Blanco, Routt, San Juan,
22.25
7.32
4
and San Miguel counties)
3205
Electricians (Delta and Montrose counties)
18.40
7.20
4
POWER EQUIPMENT OPERATORS:
3300
Bituminous or Asphalt Spreader/Laydown Machine
20.17
6.22
2
3301
Bulldozer
20.17
6.22
2
Crane:
6.22
2
3302
50 tons and under
20.32
6.22
2
3303
51 to 90 tons
20.47
6.22
2
3304
91 to 140 tons
20.62
6.22
2
3305
141 tons and over
21.38
6.22
2
3306
Grade Checker
20.32
6.22
2
Loader:
6.22
2
3307
Barber Green, etc., 6 cubic yards and under
20.17
6.22
2
3308
Over 6 cubic yards
20.32
6.22
2
SECTION 00020
INVITATION TO BID
G.L. Hoff Company
2004 Projects
CSU Transit Center
Construction of parking improvements at the Lory Student Center on
the Colorado State University campu s. The scope of work includes
site excavation and demolition, grading, landscaping, irrigation
system, fencing, and electrical lighting.
Owner: City of Fort Collins
215 North Mason Street
Fort Collins, CO 80524
Contact: Steve White, Project Manager, 970-221-6273
Contract: $208,761.
Completion: 4-2004
Loveland Industries Remodel
This remodel is a design -build tenant finish project for United Agri
Products, Inc. The work involves the complete remodel of an existing
metal building warehouse space into a laboratory. The scope of work
includes carpentry, dyrwall, HVAC, plumbing, electrical and all finishes.
Owner: United Agri Products, Inc.
14520 WCR 64
Greeley, CO 80631
Contact: Robert Bath, 970-356-8920 ext.201
Contract: $142,817.00
Completion: 4-2004
UNC Apartments Playground
Removal of existing playgournd equipment, sitework, concrete, irrigation
and installation of new playground equipment.
Owner: University of Northern Colorado
Greeley, CO 80631
Contact: George Galida, UNC Project Manager, 970-351-1892
Contract: $125,008.00
Completion: 2-2004
-6-
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 03-05-04
GENERAL DECISION NUMBERS C0030014 AND C0030015,
HIGHWAY CONSTRUCTION
General Decision No. C0030015
The wage and fringe benefits listed below reflect collectively bargained rates.
Code
Classification
Basic Hourly
Fringe Benefits
Last
Rate
Mod
POWER EQUIPMENT OPERATORS (cont.):
Roller:
3309
Self-propelled, rubber tires under 5 tons
19.82
6.22
2
3310
Self-propelled, all types over 5 tons
20.17
6.22
2
3311
Trackhoe
20.32
6.22
2
3312
Oiler
19.47
6.22
2
3313
Water Wagon
20.32
6.22
2
General Decision No. C0030015
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Carpenters:
3600
Form Building and Setting (Excluding curbs and gutters)
15.92
5.38
3601
All other work
16.30
3.71
3700
Concrete Finishers/Cement Masons
15.55
2.85
3800
Groundmen (Traffic signalization)
11.57
3.50
Ironworkers:
3900
Reinforcing
16.94
6.77
3901
Bridge Rail (Excluding guardrail)
16.76
6.01
Laborers:
4000
Asphalt Laborer/Raker
12.40
2.92
4001
Common
12.44
3.53
4002
Concrete Laborer/Mason Tender
12.44
3.10
4003
Striping -Paint Laborer (Pre -form layout and removal of
pavement markings)
12.90
3.07
4004
Traffic Director/Flagger
9.42
3.21
4005
Traffic/Sign Laborer (Sets up barricades and cones,
and installs permanent signs)
12.39
3.20
4007
Guardrail (Excludes bridgerail)
12.78
3.31
4008
Formwork (Curbs and gutters only)
12.92
4.54
4009
Landscape Laborer (Including irrigation work)
12.21
3.16
Painters:
4100
Spray
17.54
3.52
-7-
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 03-05-04
GENERAL DECISION NUMBERS C0030014 AND C0030015,
HIGHWAY CONSTRUCTION
General Decision No. C0030015
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code
Classification
Basic Hourly
Fringe Benefits
Last
Rate
Mod
POWER EQUIPMENT OPERATORS:
4200
Asphalt Plant
17.23
1.20
4201
Asphalt Screed
16.21
3.76
4202
Backhoe
16.42
4.42
4203
Compactor
16.52
3.13
4204
Grader/Blade
16.39
4.20
4205
Mechanic and or Welder (Includes heavy duty and combination
mechanic welder)
16.74
4.20
4206
Post DrivertPunch Machine
16.07
4.41
4207
Rotomill Operator
16.28
4.41
4209
Scraper
17.62
3.16
Truck Drivers:
4400
Dump
14.15
3.83
4401
Low Boy
15.07
4.56
4402
Truck Mechanic
15.97
4.61
4403
Multipurpose Truck -Specialty and Hoisting
14.60
3.49
4404
Pickup (Including pilot car)
14.04
3.49
4405
Water Truck
14.88
2.07
4406
Distributor
15.80
5.27
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award
only as provided in the labor standards contract clauses [29 CFR 5.5(a)(I)(ii)].
END OF GENERAL DECISION NUMBER C0030015.
-8-
U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 03-05-04
GENERAL DECISION NUMBERS C0030014 AND C0030015,
HIGHWAY CONSTRUCTION
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 party's position and by any
information (wage payment data, project description, area practice material, etc.) that the requestor considers
relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D.C. 20210
4.) All Decisions of the Administrative review board are final.
July 21, 1999
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.
July 21, 1999
RQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
FHWA-1273 Electronic version --March 10, 1994
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
6. Selection of Labor: During the performance of this con -
Page tract, the contractor shall not:
G I
if.
enera.........................................................1
Nondiscrimination............................................I
III.
Nonsegrated Facilities......................................3
IV.
Payment of Predetermined Minimum Wage ..........
3
V.
Statements and Payrolls...................................6
VI.
Record of Materials, Supplies, and Labor.............6
VII.
GeneralSubletting or Assigning the Contract .........
7
Vill.
Safety: Accident Prevention...............................7
IX.
False Statements Concerning Highway Projects.
..7
X.
Implementation of Clean Air Act and Federal
Water Pollution Control Act................................8
XI.
Certification Regarding Debarment, Suspension......
Ineligibility, and Voluntary Exclusion..................8
XII.
Certification Regarding Use of Contract Funds for...
Lobbying......................................................9
ATTACHMENTS
A. Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed
on the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate superin-
tendence and to all work performed on the contract by piecework,
station work, or by subcontract.
2. Except as otherwise provided for in each section, the
contractor shall insert in each subcontract all of the stipulations
contained in these Required Contract Provisions, and further
require their inclusion in any lower tier subcontract or purchase
order that may in turn be made. The Required Contract Provisions
shall not be incorporated by reference in any case. The prime
contractor shall be responsible for compliance by any 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.
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.)
I. 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 contractors 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 et seg.) 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 forms 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
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
less often than once every six months, at which time the contract-
ors EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all
major aspects of the contractor's EEO obligations within thirty days
following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employ-
ees by means of meetings, employee handbooks, or other
appropriate means.
4. Recruitment: When advertising for employees, the contrac-
tor will include in all advertisements for employees the notation:
"An Equal Opportunity Employer." All such advertisements will be
placed in publications having a large circulation among minority
groups in the area from which the project work force would
normally be derived.
a. The contractor will, unless precluded by a valid bargain-
ing agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield qualified
minority group applicants. To meet this requirement, the contrac-
tor will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority
group applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining agree-
ment providing for exclusive hiring hall referrals, he is expected to
observe the provisions of that agreement to the extent that the
system permits the 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
contractors association acting as agent will include the procedures
set forth below:
a. The contractor will use best efforts to develop, in
cooperation with the unions, joint training programs aimed toward
qualifying more minority group members and women for member-
ship in the unions and increasing the skills of minority group
employees and women so that they may qualify for higher paying
employment.
b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will
be contractually bound to refer applicants without regard to their
race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain 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,
.luly21, 1999
4
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
national origin, age or disability; making full efforts to obtain
qualified and/or qualifiable minority group persons and women.
(The DOL has held that it shall be no excuse that the union with
which the contractor has a collective bargaining agreement provid-
ing for exclusive referral failed to refer minority employees.) In the
event the union referral practice prevents the contractor from
meeting the obligations pursuant to Executive Order 11246, as
amended, and these special provisions, such contractor shall
immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not discriminate
on the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors
and suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in
49 CFR 23, shall have equal opportunity to compete for and
perform subcontracts which the contractor enters into pursuant to
this contract. The contractor will use his best efforts to solicit bids
from and to utilize DBE subcontractors or subcontractors with
meaningful minority group and female representation among their
employees. Contractors shall obtain lists of DBE construction
firms from SHA personnel.
c. The contractor will use his best efforts to ensure subcon-
tractor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be
available at reasonable times and places for inspection by autho-
rized representatives of the SHA and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number of minority and non -minority group
members and women employed in each work classification on the
project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment opportuni-
ties for minorities and women;
(3) The progress and efforts being made in locating,
hiring, training, qualifying, and upgrading minority and female
employees; and
(4) The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with meaningful
minority and female representation among their employees.
b. The contractors will submit an annual report to the SHA
each July for the duration of the project, indicating the number of
minority, women, and non -minority group employees currently
engaged in each work classification required by the contract work.
This information is to be reported on Form FHWA-1391. If on -the -
job training is being required by special provision, the contractor
will be required to collect and report training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or
subcontract, or the consummation of this material supply agree-
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 firm does not permit its employees to
perform their services at any location, under its control, where
segregated facilities are maintained. The firm agrees that a
breach of this certification is a violation of the EEO provisions of
this contract. The firm further certifies that no employee will be
denied access to adequate facilities on the basis of sex or
disability.
b. As used in this certification, the. term "segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local
custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (e.g. disabled
parking).
c. The contractor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will
retain such certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural minor collectors,
which are exempt.)
1. General:
a. All mechanics and laborers employed or working upon
the site of the work will be paid unconditionally and not less often
than once a week and without subsequent deduction or rebate on
any account [except such payroll deductions as are permitted by
regulations (29 CFR 3) issued by the Secretary of Labor under the
Copeland Act (40 U.S.C. 276c)) 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,
July 21, 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 journeyman -level
hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator for the Wage
and Hour Division determines that a different practice prevails for
the applicable apprentice classification, fringes shall be paid in
accordance with that determination.
(4) In the event the Bureau of Apprenticeship and
Training, or a State apprenticeship agency recognized by the
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
Bureau, withdraws approval of an apprenticeship program, the
contractor or subcontractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the
comparable work performed by regular employees until an accept-
able program is approved.
b. Trainees:
(1) Except as provided in 29 CFR 5.16, trainees will not
be permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL, Employ-
ment and Training Administration.
(2) The ratio of trainees to journeyman -level employees
on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Any
employee listed on the payroll at a trainee rate who is not regis-
tered and participating in a training plan approved by the Employ-
ment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classifica-
tion of work actually performed. In addition, any trainee perform-
ing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his/her level of progress,
expressed as a percentage of the journeyman -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.
July21, 1999
The SHA shall upon its own action or upon written request
of an authorized representative of the DOL withhold, or cause to
be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract subject to
Davis -Bacon prevailing wage requirements which is held by the
same prime contractor, as much of the accrued payments or
advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed
by the contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee, or helper, em-
ployed or working on the site of the work, all or part of the wages
required by the contract, the SHA contracting officer may, after
written notice to the contractor, take such action as may be
necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in
any workweek in which he/she is employed on such work, to work
in excess of 40 hours in such workweek unless such laborer,
mechanic, watchman, or guard receives compensation at a rate
not less than one -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):
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 contactor and each subcontractor during the
course of the work and preserved for a perio date of completion of d of 3 years from the
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 aces of
contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section 1(b)(2)(8)
Of the Davis Bacon Act); daily and weekly number of hours
worked; deductions made; and actual wages paid. In addition, for
indicating whether thete ployelerdoes,sor does all ntain not,anormalllly
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)(8) of the Davis Bacon Act, the contactor 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 laborer's 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 maybe submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal stock number
029-005-0014-1), U.S. Government Printing Office, Washington,
D.C. 20402. The prime contractor is responsible for the submis-
sion of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or subcon-
tractor or his/her agent who pays or supervises the payment of the
Persons employed under the contact and shall certify the follow-
ing:
that thefor the
oll
informationlrequired to bermaintained underiparag paragraph 2bPeriodiof tthe
his
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;
Jujy21, 1999
(3) that each laborer or mechanic has been paid not less
that the applicable wage rate and fringe benefits or cash equiva-
lent for the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
e. The weekly submission of a properly 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 th
lion, copying, or transcripis Section V available for inspec-
SHA, the tion by authorized representatives of the
or the e shallL, Ind Permit suchrepre-
sentatives to wIf the contactor orsemployyduring working hours on the obubcontractor fails to submit the required
records or to make them available, the SHA, the FHWA, the DOL,
or all may, after written notice to the contractor, sponsor, applicant,
or owner, take such actions as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
I.
all Feder -aid contracts on
nSystem,,e except those which provide olelyhfor lthel Instal acnal tion of
Protective devices at railroad grade crossings, those which are
constructed on a force account or direct labor basis, highway
beautification contracts, and contracts for which the total final
construction cost for roadway and bridge is less than $1,000,000
(23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and
supplies contained in Form FHWA-471 "Statement of Materials and
Labor Used by Contractor o
Federal Funds," prior to the cf Highway Construction Involving
contract. ommencement of work under this
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of
the quantities of those specific materials and supplies listed on
Form FHWA-47, and in the units shown on Form FHWA-47.
C. Furnish, upon the completion of the contract, to the SHA
resident engineer on Form FHWA-47 together with the data
labor summary of all contract work indicating the total
required in paragraph 1b relative to materials and supplies, a final
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
I. 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
G.L. Hoff Company
2003 Projects
East Riverside Drive Retaining Wall and Street Rehabilitation Project
Construction of approximately 200 feet of 10 foot high retaining wall with
associated brick trim and metal top railing along the Big Thompson River.
Removal of two city blocks of existing street asphalt. Installation of an 8
inch water line with two hydrants, new service connections to 10 buildings,
3 street inlets and piping. Installation of concrete curb & gutter, drives and
pans, sidewalk, and the roadway base course and asphalt pavement along a
two block section of East Riverside Drive in Estes Park. Phase One of the
project was completed in October and November of 2002 and Phase Two
was completed between March and May of 2003.
Owner: Town of Estes Park
PO Box 1200, Estes Park, CO 80517
Contact: John Spooner, Project Manager, 970-586-9388
Van Horn Engineering and Surveying
1043 Fish Creek Road
Estes Park, CO 80517
Contract: $373,388.00
Completion: June, 2003
Butch Butler Press Box and Bleachers Project
Construction of a single pre -cast concrete structure for use as a press box
at Butch Butler Field in Greeley. The scope of work also included new
stadium bleachers and a concrete slab.
Owner: City of Greeley
Contact: Ted Trujillo, Parks Program Manager, 970-350-9340
1000 loth Street, Greeley, CO 80631
Contract: $108,282.00
Completion: February 2004
Bellvue Hatchery French Drain
Installation of a perforated and solid wall drain pipe at the Bellvue
Research Hatchery for the Division of Wildlife. Scope of work included
sitework and pipeline work.
Owner: State of Colorado Division of Wildlife
6060 Broadway, Denver, CO 80216
Contact: Kay Sinclair, 970-472-4433, Fort Collins
Contract: $17,073.00
Completion: 10-2003
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 SHA contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the SHA
contracting officer, or authorized representative, and such consent
when given shall not be construed to relieve the contractor of any
responsibility for the fulfillment of the contract. Written consent will
be given only after the SHA has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
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
July21, 1999
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal -aid
highway projects, it is essential that all persons concerned with the
project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or misrepre-
sentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, the following
notice 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 et sec., as amended by Pub.L.
91-604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et 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.
9
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
2. That the firm agrees to comply and remain in compliance with
all the requirements of Section 114 of the Clean Air Act and
Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the 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 firm agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X in every
nonexempt subcontract, and further agrees to take such action as
the government may direct as a means of enforcing such require-
ments.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transac-
tions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set
out below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection
with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary
participant to furnish a certification or an explanation shall disquali-
fy such a person from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the department or
agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency
may terminate this transaction for cause of default.
d. The prospective primary participant shall provide immedi-
ate written notice to the department or agency to whom this
proposal is submitted if any time the prospective primary partici-
pant learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred,","suspend-
ed," "ineligible," "lower 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-
July 21, 1999
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
1b of this certification; and
d. Have not within a 3-year period preceding this applica-
tion/proposal had one or more public transactions (Federal, State
or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
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 tier participant learns
that its certification was erroneous by reason of changed circum-
stances.
d. The terms "covered transaction," "debarred," "suspend-
ed," "ineligible," "primary covered transaction," "participant,"
"person," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order
12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submit-
ting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with
which this transaction originated.
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.
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all
related subcontracts which exceed $100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submit-
ting this bid or proposal, to the best of his or her knowledge and
belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or attempt-
ing to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its
instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C.
1352. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
3. The prospective participant also agrees by submitting his or
her bid or proposal that he or she shall require that the language of
this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such recipients shall certify and
disclose accordingly.
11 July21, 1999
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
January 17, 2003
-I-
SPECIAL NOTICE TO CONTRACTORS
SCOPE
1.1 It is the intent of this chapter to provide
guidelines to the Contractor or Sub- 3.2
Contractor, so that they can properly present
their materials for inclusion at the
construction project.
1.2 The Contractor shall follow the procedures
listed below to ensure the proper inspection,
sampling, testing and certification of
materials and products incorporated into all
construction projects.
1.3 The words "Prequalification of Bidders"
(102.01 Standard Specifications) has
occasionally been confused with
"Prequalification of Manufacturers / Supplier"
or with "Pre -Approval of Products or
Materials". These terms are not
interchangeable.
1.4 Two information sources that can provide
assistance and clarification are: Business
Center - Project Bidding
(http://www.dot.state.co.us/BusinessCenter/
Bidding/) and Design Support — Manuals
(http://www.dot.state.co.us/DevelopProjects/
Design Support/).
2. PROVIDE NOTIFICATION OF MATERIALS
SOURCES AND SUPPLIERS.
2.1 In accordance with subsection 106.01 of the
Standard Specifications:
The Contractor shall submit a list of material
sources and suppliers to the Engineer. The
list shall include company name and
address, item to be supplied, and contact
person where material can be inspected.
3. DESIGN/BUILD PROJECTS - MATERIALS
DOCUMENTATION RECORD, CDOT
FORM #250
3.1 Two weeks before construction of any
element of work, the Contractor shall furnish
the Engineer a schedule of items and
approximate quantities to be incorporated
into the project. This information is to
include the item of work with location and
dates. The Contractor shall immediately
notify the Engineer, in writing, if the items of
work or quantities are revised.
At the completion of the project, the
Contractor shall furnish the Engineer with a
completed CDOT Form #250 - Materials
Documentation Record listing items utilized
to construct the project and the approximate
quantity of each item.
4. BUY AMERICA REQUIREMENTS.
4.1 In accordance with Subsection 106.08 of the
Standard Specifications and as referenced in
23 CFR 635.410:
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 provide a
certification by each supplier, distributor,
fabricator, and manufacturer that has
handled the steel or iron product,
including the application of coating.
C. These certifications shall create a chain
of custody, and the lack of these
certifications will be justification for
rejection of the steel or iron product.
D. Upon completion of the project, the
Contractor shall certify in writing their
compliance with this requirement. (An
example of what is required on a
Certificate of Contractor's Compliance to
Buy America is on page 9 of this
chapter. An original signature is
required on the Certificate for the Project
Files.
January 17, 2003
-2-
SPECIAL NOTICE TO CONTRACTORS
5. DESIGNATED PRODUCTS AND
ASSEMBLIES.
5.1 The majority of materials submitted for
inclusion on CDOT projects will fall within
one of four levels of product acceptance for
the their sampling and testing. CDOT
always retains the right through its Quality
Assurance (QA) Program to obtain samples
for additional testing and require
supplemental documentation.
5.2 If the material or product is not referenced
within the four levels of product acceptance
then the materials or products must be
fabricated or supplied in accordance with the
requirements of the applicable Colorado
Department of Transportation specifications,
plans, and standards. Examples of materials
and products not found in the following four
levels are Aggregate Base Course, Hot
Bituminous Pavement, and Concrete.
A. PRE -INSPECTED:
Pre -Inspection is when representatives from
the Colorado Department of Transportation
visit a manufacturer's facility to perform an
initial review of the company's quality control
plan and employee certifications, as well as
subsequent inspection visitations during the
manufacturing of the product. Inspection
arrangements should be made by contacting
the CDOT Staff Bridge Fabrication
Inspectors at (303) 757-9192 a minimum of
10 days prior to the beginning of fabrication.
Failure to give notification may result in
delays to the project and/or rejection of
materials or products.
Note 1: Bearing Devices and Expansion
Devices are inspected randomly at the
discretion of the Bridge Design and
Management Branch.
Products needing Pre -Inspection:
Bearing Devices (Type III) - Bridge
Expansion Device - Bridge
(0-6", through, 0-24")
Prestressed Concrete Units - Bridge
Structural Steel - Bridge
B. CERTIFIED TEST REPORT (CTR):
The Certified Test Report level of acceptance is
when a manufacturer is required to submit actual
test results performed on the material being
provided. A CTR shall contain the actual results
of tests for the chemical analysis, heat treatment,
and/or mechanical properties of the drawing
and/or specification. The contract will designate
products and assemblies that can be
incorporated in the work, if accompanied by
Certified Test Reports. The word preceding the
Test Report may vary between different
industries, such as Certified, Mill, Metallurgical,
Laboratory.
In accordance with Subsection 106.10 of the
Standard Specifications and the requirements of
this document, the report shall include:
1) The Department's project number
2) Manufacturer's name
3) Address of manufacturing facility
4) Laboratory name & address
5) Name of product or assembly
6) Complete description of the material
7) Model, catalog, stock no. (if applicable)
8) Lot, heat, or batch number identifying the
material delivered
9) Date(s) of the laboratory testing
10) All test results are required to verify that the
material furnished conforms to all applicable
Department specifications. Test results shall
be from tests conducted on samples taken
from the same lot, heat, or batch.
The Certified Test Reports must be an original
document, not a facsimile, with an original
signature (including corporate title) by a person
having legal authority to act for the manufacturer
or the independent testing laboratory. It shall
state that the test results show that the product
or assembly to be incorporated into the project
has been sampled and tested, and the samples
have passed all specified tests. One copy 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. Products or
assemblies furnished on the basis of CTRs may
be sampled and tested by the Department. If it is
determined that the material does not meet the
applicable specifications, the material may be
January 17, 2003
-3-
SPECIAL NOTICE TO CONTRACTORS
rejected or may be accepted according to
Subsection 105.03 of the Standard
Specifications. (An example of what is required
on a Certified Test Report is on page 10 of this
chapter.)
Below is a partial list of products or categories
that require a Certified Test Report:
Bearing Devices (Type III) - Bridge
Cribbing
Mechanical Fasteners (Field) A
Glass Beads (for pavement marking)
Overhead Sign Structures A
Top Soil
Traffic Signal Structures A
Pavement Marking Paint
Epoxy Pavement Marking Material
C. CERTIFICATE OF COMPLIANCE (COC):
The Certificate of Compliance level of
acceptance is when a manufacturer is required
to submit a document certifying that the material
being provided meets all required Department
specifications. A COC shall contain a reference
to the actual tests for the chemical analysis, heat
treatment, and/or mechanical properties of the
drawing and/or specification. The contract will
designate products and assemblies that can be
incorporated in the work, if accompanied by
Certificates of Compliance.
In accordance with Subsection 106.09 of the
Standard Specifications and the requirements of
this document, the certificate shall include:
1) The Department's project number
2) Manufacturer's name
3) Address of manufacturing facility
4) Laboratory name & address
5) Name of product or assembly
6) Complete description of the material
7) Model, catalog, stock no. (if applicable)
8) Lot, heat, or batch number identifying
the material delivered
9) Date(s) of the laboratory testing
10) Listing of all applicable specifications
required by the Department for this
particular product or assembly.
Certificates shall reference the actual
tests conducted on samples taken from
the same lot, heat, or batch.
The Certificate of Compliance must be an
original document, not a facsimile, with an
original signature (including corporate title) by a
person having legal authority to act for the
manufacturer. It shall state that the product or
assembly to be incorporated into the project has
been sampled and tested, and the samples have
passed all specified tests. One copy of the
Certificate of Compliance shall be furnished to
the Engineer at the time of material delivery.
Failure to comply may result in delays to the
project and/or rejection of the materials.
Products or assemblies furnished on the basis of
COCs may be sampled and tested by the
Department. If it is determined that the material
does not meet the applicable specifications, the
material may be rejected or may be accepted
according to Subsection 105.03 of the Standard
Specifications. (An example of what is required
on a Certificate of Compliance is on page 11 of
this chapter.)
Below is a partial list of products or categories
that require a Certificate of Compliance:
Note 2: If the Plans do not specifically reference
a Certified Test Report (Mill Test Report) and the
product category is not depicted on the Approved
Products List within the Pre -Approved level of
acceptance, then a COC will be required.
Bearing Devices (Type I, II, IV and V AB)
Bridge Deck Forms, Permanent Steel A
Bridge Rail, Steel A
Concrete Box Culverts, Precast
Dampproofing, Asphalt
Dust Palliative - Asphaltic - Magnesium
Chloride
Emulsified Asphalt for Tack Coat
Erosion Bales
Expansion Joint Material, Preformed
Filler
Flumes (all types)
Gabions and Slope Mattress
Gaskets
Guard Rail - End Anchors
Guard Rail Metal A
Guard Rail Posts - Metal A
Guard Rail - Precast
Guard Rail Posts - Timber Blocks and
Posts A
Hay
Headgates
Inlets, Grates and Frames (Prefab)
Interior Insulation
January 17, 2003
-4-
SPECIAL NOTICE TO CONTRACTORS
Lighting
Light Standards, High Mast
Light Standards, Metal
Luminaires (Inclusive)
Manholes, Rings and Covers (Prefab)
MC-70 - Prime Coat (Liquid Asphalt)
MSE Wall - Elements"'
Pedestrian Bridge "
Piling "
Pipes - all material compositions
Rest Area Materials
Seed c
Sign Panels
Sprinkler System(s)
Steel Sign Posts
Structural Plate Structures "
Structural Steel Galvanized "
Steel Sheet Piling"
Straw °
Treated Timber
Wood Cellulose Mulch
D. PRE -APPROVED:
The Pre -Approved level of acceptance is when a
manufacturer is required to submit all relevant
documentation on their product in advance of
any specific project. A primary requirement to be
considered for the Approved Products List (APL)
is that the material retains a very high level of
uniformity and consistency in its production
quality.
The submittal of Certified Test Reports,
Certificates of Compliance, product literature,
etc., as well as product samples for evaluation
combine all previous levels of acceptance into
one.
In accordance with CDOT's Procedural Directive
3.1, a manufacturer's product is evaluated within
CDOT to determine its acceptability on CDOT
construction projects, as defined by CDOT
specifications, plans and standards. For
additional information on the APL or the web site
contact the Product Evaluation Coordinator
within the Central Laboratory at 303-757-9421.
Note 3: Web Site Address, Internal to CDOT:
http://internaIlinfoexchg/organizations.htm
Web Site Address, External to CDOT:
http://www.dot.state.co.us/APL/
Note 4: " A Mill Test Report shall be included.
B A Certified Test Report(s) on
components must accompany the
material or product.
c A Certified Test Report shall be
included.
° The Contractor may obtain a current
list of Weed Free Forage Crop
Producers by contacting the
Colorado Department of Agriculture
at (303) 239-4149.
DISCLAIMER: The Colorado Department of
Transportation (CDOT) does not have the
obligation to use any of the products listed in the
Approved Products List (APL). The APL simply
documents that the listed products have been
tested, evaluated, and/or examined under CDOT
standards, and were found to be acceptable to
be used in CDOT projects. The product shall be
removed from the APL if Product Performance
comments indicate field performance that is
unacceptable to CDOT quality standards or if the
product varies from the data as originally
submitted. Additional disclaimer information can
be found within the APL web site.
No Text
Routt/Spruce Hall Sewer Line Replacement
Completion of sitework and utility work to remove and replace 215 LF of
sanitary sewer from Routt Hall to manhole with 6 inch PVC pipe.
Owner: Colorado State University
365 Aylesworth SE, Fort Collins, CO 80523
Contact: Michael Davis, Project Manager, Facilities, 970-491-0075
Contract: $54,279.00
Completion: 1-2004
Edwards -Ellis Parking Lot
Construction of new parking lot on Colorado State University campus.
Scope of work included demolition, sitework, storm drainage, fire line and
hydrant, asphalt paving, concrete pavement, irrigation and landscape work.
Owner: Colorado State University
365 Aylesworth SE, Fort Collins, CO 80523
Contact: Steve Kiess, Project Manager, Facilities, 970-491-0017
Contract: $282,608.
Completion: 9-2003
Fish Creek Pedestrian Trail
Construction of a concrete pedestrian trail including sitework, erosion
control, culvert installation, rip rap, seeding, fencing, concrete bikeway,
curb & gutter and traffic control.
Owner: Town of Estes Park
170 MacGregor Ave., Estes Park, CO 80517
Contact: Mike Todd, 970-586-2458
Cornerstone Engineering, 437, S. St.Vrain, Estes Park, CO
Contract: $322,056.
Completion: 3-2004
G.L. Hoff Company
2002 Projects
Estes Park Sanitation District Centrifuge Building
Construction of a new concrete block building with precast tee
construction for a centrifuge. The work included piping, valves, electrical
and instrumentation.
Owner: Estes Park Sanitation District
1201 Graves Avenue
Estes Park, CO 880517
Contact: Jim Duell, District Manager 970-586-2866
John Burgeson, 970-223-9600
Shepherd Miller Inc., Project Engineer
Contract: $264,053.00
Change Orders: one $2,586,00
Own Forces: 55%
Completion: January, 2002
Rehabilitation of Owl Creek Ditch Hydraulic Structures
Removal and replacement of ten concrete hydraulic structures, providing
and installing 25 meter gates, 21 precast concrete flumes, and construction
of 4 cast -in -place flumes and other miscellaneous headwalls and structures
along the Owl Creek Ditch.
Owner: Owl Creek Supply and Irrigation Company
PO Box 206
Eaton, CO 80615
Contact: Duane Smith, 970-490-2620
Smith Geotechnical
Contract: $383,000.00
Change Orders: three $29,476.50
Own Forces: 100%
Completion: April, 2002
Sitework and Utilities for New Kuck Mechanical Building
Subcontracted the sitework and utilities for the new Kuck Mechanical
building to Delehoy Construction. Scope of work included overlot
grading, structural fill, building excavation, foundation insulation, underslab
gravel, fine grading, installation of sewer line, storm drainage, waterline,
fireline and asphalt patch.
Owner: Kuck Mechanical, Inc.
General Contractor: Delehoy Construction
3109 South Taft Hill Road
Fort Collins, CO 80526
Contact: Mark Delehoy, 970-226-0836
Contract: $125,840.00
Change Orders: three $7,008.00
Own Forces: 100%
Completion: March, 2002
Pedestrian Links to Transfer Areas
Street and sidewalk improvements for City of Loveland Bus system.
Scope included removal and replacement of concrete curb, gutter,
sidewalk, cross pans, bus pads and crosswalk, and asphalt paving as per
Federal and CDOT specifications.
Owner: City of Loveland
105 West 5th Street
Loveland, CO 80537
Contact: Donna Camilliere-Frye
Project Manager, 970-96202511
City of Loveland Engineering Department
Contract: $72,737.88
Change Orders: one $16,614.58 (quantity bid)
Own Forces: 85%
Completion: July, 2002
Chlorination System Improvements
Construction of a new 11 feet wide by 25 feet long by 6 feet deep concrete
chlorine contact basin with perimeter handrail, a new chlorine solution
pump and appurtenances for the wastewater treatment plant in Pierce.
Owner: Town of Pierce
240 Main Street
Pierce, CO 80650
Contact: Steven Butherus, Project Manager
Ketterling, Butherus and Norton Engineers LLC
820 8th Street Plaza, Greeley, CO 80631
970-395-9880
Contract: $33,811.50
Change Orders: none
Own Forces: 95%
Completion: June, 2002
Colorado State University Equine Center Detention Pond
Construction of a 6 acre-foot earthen retention pond including excavation,
sitework, seeding, sluice gate, portable slurry pump and irrigation sprinkler.
Owner: Colorado State University
Facilities Services
Fort Collins, CO 80523
Contact: Jim Stoddard, Project Manager, 491-0138
Contract: $154,410.00
Change Orders: none
Own Forces: 94%
Completion: August, 2002
Nick Davidson, Inc. Remodel
Remodeling of existing
building for detailing, parts storage, and wash bay
for auto dealership.
Scope of work included landscaping, site concrete,
masonry, interior finishes, overhead doors, roofing, heating, air
conditioning, and electrical.
Owner:
Nick Davidson, Inc
1604 North Lincoln Avenue
Loveland, CO 80538
Contact:
Joe Gebhardt, owner, 970-667-3950
Contract:
$270,002.00
Change Order:
four Add $30,321.27
Own Forces:
58%
Completion:
August, 2002
Lower Hoffman Lake Spillway / Outlet Modification Project
Demolition and removal of existing bridge abutments and spillway outlet
structure including dewatering. Construction of structural concrete and
reinstallation of bridge and sluice gate. Removal and replacement of
concrete bike path and riprap.
Owner: Seven Lakes Reservoir Company
808 23rd Avenue, Greeley, CO
Contact: John Gauthiere, Engineer, 970-330-0855
Gauthiere Engineering
2157 Buena Vista Drive
Greeley, CO 80634
Contract: $103,135.07
Change Orders: none
Own Forces: 100%
Completion: October, 2002
,, r
Douglas Lake Boat Dock
Installation and construction of floating boat docks, concrete approach and
support ramps, pedestrian
pathway, and wood retaining wall.
Owner:
State of Colorado Division of Wildlife
6060 North Broadway
Denver, CO 80216
Contact:
Kay Sinclair, Project Manager, 970-472-4433
Contract:
$89,256.00
Change Order:
two Add $8,842.75
Own Forces:
100%
Completion:
October, 2002
Benner Office Building
Subcontracted a portion of the work for the construction of the office
building at 3760 East 15th Street, Loveland, CO. Scope or work included
all excavation, utilities and site concrete for phase 2 including the
completion of 15th Street and building concrete.
Owner: Benner Holdings, LLC
Loveland, CO
Contact: Jeryl Benner, Manager, 970-566-9778
Benner Development Company, LLC
3053 Nature Run
Loveland, CO 80537
Contract: $109,017.00
Change Orders: one Add $373.00
Own Forces: 100%
Completion: October, 2002
H
V r V
Johnstown Ready Mix Batch Plant
Construction of new concrete batch plant facility including excavation and
site work, caissons, foundation, construction of pre-engineered metal
building, mechanical, electrical, interior finishes, and construction of a
truck washing facility.
Owner: Loveland Ready Mix Concrete, Inc.
PO Box 299
Loveland, CO 80539
Contact: Steve Fancher, VP, 970-667-1108
Contract: $323,152.00
Change Orders: three Deduct: ($4,179.68)
Own Forces: 61%
Completion: October, 2002
Annual Trial Gardens Shade Structure
Construction of a custom metal structure and roof system for Colorado
State University shade gardens. The project included sitework, concrete
foundation, brick veneer and colored patterned concrete walkways.
Owner: Colorado State University
365 Aylesworth Hall Southeast
Fort Collins, CO 80523
Contact: Cass Bietler, Project Manager, 970-491-0158
Facilities Management
Colorado State University
Fort Collins, CO 80523
Contract: $165,480.33
Change Orders: three, Add: $46,507.33
Own Forces: 42%
Completion: January, 2003
COLORADO DEPARTMENT OF TRANSPORTATION
CERTIFICATION OF EEO COMPLIANCE
Instructions: Bidders and subcontractors must complete and submit this form with bid proposals for federally funded contracts
greaterthan $10,000. This is required by the Equal Employment Opportunity Regulations [41 CFR 60-1.7(b) (1)J. The regulation
also requires that if you have participated in a previous contract or subcontract and have not filed a Standard Form 100 (EEO-
1), you cannot be awarded this contract. You may file a report covering the delinquent period for consideration by the Federal
Highway Administration or the Director of the Office of Federal Contract Compliance, U.S. Department of Labor.
The Standard Form 100 (EEO-1) may be requested from the:
Joint Reporting Committee
P.O. Box 779
Norfolk, VA 23501
(757)461-1213
1. 0�_Yes ❑ No I have developed and have on file at each establishment an affirmative action program as
required by 41CFR Chapter60, Part 60-2.
2. a ---Yes ❑ No I have participated in a previous contract/subcontract subject to the equal opportunity
clause.
3. O'�Yes ❑ No I have filed with the Joint Reporting Committee, the Director, or the Equal Employment
Opportunity Commission all reports due under the applicable filing requirements.
I declare under penalty of perjury in the second degree and any other applicable state or federal laws, that the state-
ments made in this document are true and complete to the best of my knowledge.
Company
G.L. Hoff Company 3 bidder ❑ proposed subcontractor
V�J/_
Title. Miriam T. Hoff
Secretary Treasurer
Date.
4-27-2004
C DOT Form 0347 11194
SECTION 00020
INVITATION TO BID
Date: April 5, 2004
Sealed Bids will be received by the City of Fort Collins (hereinafter referred to
as OWNER), at the office of the Purchasing Division, 3:00P.M., our clock, on
April 27, 2004, for the WEST ELIZABETH BIKE LANE IMPROVEMENTS; Bid No. 5850. If
delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort
Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort
Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly
received will be publicly opened and read aloud.
The Contract Documents provide for the construction of curb, gutter and bike lane
improvements on West Elizabeth Street between Shields Street and City Park Avenue
in the City of Fort Collins. This work will include clearing and grubbing,
asphalt and concrete removal, asphalt patching, curb and gutter, ramp, apron and
crosspan construction, inlet reconstruction, earthwork, manhole and valve box
adjustments, and construction traffic control.
This project is Federal funded and includes all Federal and CDOT requirements.
The UDBE goal is 100.
All Bids must be in accordance with the Contract Documents on file with The City
of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
Contract Documents will be available April 6, 2004.
Copies of the Contract Documents, complete with Construction Specifications and
Drawings, may be obtained from Purchasing Division at 215 North Mason St., 2nd
floor, Fort Collins, Colorado, 80521 upon payment of a refundable fee of Fifty
Dollars ($50.00) per set. No partial sets will be issued.
The Contract Documents and Construction Drawings may be examined at:
1. City of Fort Collins, Purchasing Division.
2. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado.
3. CMD Denver Plan Room, 8878 Barrons Blvd., Highlands Ranch, Colorado
4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado.
5. The Plan Room, 2176 South Jasmine St. Door "E"/Suite 219, Denver, Colorado.
A prebid conference and job walk with representatives of prospective Bidders will
be held at 2:00p.m., April 16, 2004, at 215 North Mason, 15` Floor, Conference
Room 1B.
Prospective Bidders are invited to present their questions relative to this Bid
proposal at this meeting.
Bids will be received as set forth in the Bidding Documents.
07/2001 Section 00020 Page 1
COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACTORS PERFORMANCE CAPABILITY STATEMENT
Project#
Fed#AQC M455-06
Project Code:
1. List names of partnerships or joint ventures 8' none
2. 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 p-Inone
b. Key equipment changes IT- none
c. Fiscal capability changes (legal actions, etc.) 6` none
d. Other changes that may effect the contractors ability to perform work. fl'none
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 CORRECT TO THE
BEST OF MY KNOWLEDGE
Contractor's firm or company name
G.L. Hoff Company
e - - `_
l
Date
4-27-2004
Title Miriam T. Hoff
Secretary Treasurer
2nd Contractors firm or company name (itioini venture)
By
Date
Title
GDO7 Form #505 7/9Z
COLORADO DEPARTMENT OF TRANSPORTATION
PROJECT NO.
Fed#A G M455-060 Project #14076
ANTI -COLLUSION AFFIDAVIT
LOCATION Fort Collins, CO
I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this
bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on
his or her behalf and on behalf of my firm.
I further attest that:
1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or
agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder
or potential prime bidder.
2A. Neither the price(s) not the amount of this bid have been disclosed to any other firm or person who is a bidder or
potential prime bidder on this project, and will not be so disclosed prior to bid opening.
2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on
this project have been disclosed to me or my firm.
3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any Intentionally high or non-
competitive bid or other form of complementary bid.
3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder
on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project.
4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or
discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom-
petitive or other form of complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or
services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person,
whether in connection with this or any other project, in consideration for an agreement or promise by any firm or
person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid
or agreeing or promising to do so on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or
services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person,
whether in connection with this or any other project, inconsideration for my firm's submitting any intentionally high,
noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project.
7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities
relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of
them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or
other conduct inconsistent with any of the statements and representations made in this affidavit.
S. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent
concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this
contract.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR
FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST
OF MY KNOWLEDGE.
Contractor's firm or company name
Dale
4-27-2004
G.L. Hoff Company
Title Miriam T. 40f
Secretary Treasurer
2nd coulmclor's firm or company name. (If joint venture.)
fly
Dale
Title
Sworn to before me this day of, ap f E' 20 0V
Notary Public
A
N
_ y commission expires
/2 - /,53 - 07
NOTE: This document must be signed in ink.
CDOT Form MW IM2
COLORADO DEPARTMENT OF TRANSPORTATION
PROJECT NO.
Fedff AQC
ASSIGNMENT OF ANTITRUST CLAIMS
455-060
Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice
antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this
contract and for receiving payments hereunder:
1.' Contractor hereby irrevocably assigns to CDOT 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 parry has commenced a civil action asserting on Contractor's
behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately
advise in writing:
(1) Such third party that the antitrust claim has been assigned to CDOT, and
(2) CDOT that such civil action is pending and of the date on which, in accordance with subparagraph
a. (1) above, Contractor notified 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 CDOT its proper share of any payment under an antitrust claim brought on
Contractor's behalf by any third party and which claim has been assigned to CDOT 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 CDOT (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 subcontractor's behalf
asserting an antitrust claim which has been assigned to CDOT hereunder, shall immediately advise in
writing:
(1) Such third party that the antitrust claim has been assigned to CDOT, and
(2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with
subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had
been assigned to CDOT;
c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to
CDOT hereunder; and
d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the
subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT
pursuant hereto.
I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of
antitrust claims.
Contractor's firm or company name
By
Dale
4-27-2004
G.L. Hoff Company
Tina
iriam T. Hoff
Secretary Treasurer
2nd contractor's 6rm or company name (If joint venture.)
By
pale
Title
C DOT Form 0621 12191
MAY-13-2004 THU 11 i 11 AM G. L. HOFF CO. FAX NO, 9708631566
P. 02
COLORADO DEPARTMENT OF TRANSPORTATION Prodd e
UNDERUTILIZED DBE BID AQC M455-060
CONDITIONS ASSURANCE LocationFort Collins, Co
instructions: Contractor - Complete and submit this form with your bid. Report only Underutiliz
ion which qualifies under the contract goal specification for this project.
DBE (UDBE) participa-
POLICY
It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have
maYlmum ennnrtunity to nartininato In fho narfnrmanna of S&L% o_a......i __ i___,
INTENDED UNDERUTILIZED DBE PARTICIPATION
1) Will your company's intended Underutilized DBE (UDBE) participation meet contract goals? Ip yes ❑ no
Meets contract goals
2) Total Underutilized DBE (UDBE) participation: 13. 14 % +}i yes ❑ no
3) List the UDHE firms you will use for your intended UDBE participation
�s
Name of UDBE firm(s) Certification Intended items)
expiration date of work
Northern Colorado Traffic
Control
10-31-2005
traffic control, signs
Chavez Construction, Inc.
4-30-2006
trucking
t
i
I
understand that, if my company is determined to be the low bidder for the contract on this product, I must submit a
completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION to the Transportation
Department by 4:00 pm the day after the bids are opened. In addition, if my company does not meet the intended
'
contract goals, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before
the above stated deadline.
I understand my obligation to abide by the policy stated above. I shall not discriminate on the basis of race, color, age,
sex, national origin, or handicap In the bidding process or the performance of contracts.
'
I DECLARE UNDE14 PENALITY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE
STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE
TO THE BEST OF !MY KNOWLEDGE.
'
Company name �
Date
G.L. Hoff Company
5-12-2004
Company i r signature
108
Title
w Miriam T. Hoff
Secretary Treasurer
V rrwioua wmona are 00901818 aRtl may not [�►yjB CDOT Form #714a 6/01
MAY-14-2004 FRI 10:39 AM G, L. HOFF 00. FAX NO. 9706631566 P, 02
I CERTIFICATE OF PROPOSED
JNDERUTIUZED DBE (UDBE)
PARTICIPATION
Project No., AQC M455-060
Project Code (SA#): 14076
Location: Fort Collins
Form #: 1 of 2
Prime Contractor — Send completed/sfgned form to the Business Programs Office (Instructions on second page). I
(NOTE: See 49 CFR pan 25.45, and the "DBE - DelfnfUons and Requirements• in the Standard Special Pnrilslons, for further Informatfan eonceming
counting DBE penicipatim of subcontractors, suppliers and service providers toward the pro)eds UDBE goal.)
I PART 1 a — SUBCONTRACT
EXPIRATION ELIGIBLE UDBE SUSCON T
NAME OF UDBE FIRM
TIER
CERTIFICATION al
DATE AMOUNT
ACTUAL CONTRACT AMOUNTI
Northern CO Traffic. Control
1
3448 WBE C
10131 i2005 $43,080"00
traffic control sigr}a, barricades, cones, drums, traffic
ITEMS OF WORK SUBCONTRACTED:
control supervisor, flagging, inspections.
tI PART 1b -- SUPPLY CONTRACT
If the supplier is a UDBE `Manufacturer of the Item(s): _ 3. ..
• ACTUAL UDBE AMOUNT Entire expenditure for materials and supplies Including eoakbf j3yde " '! grd ided by the firm
��
• ELIGIBLE UDBE SUPPLY AMOUNT--.[ (ACTUAL UDBE AMOUNT)
X 100%]
If the supplier Is a UDBE 1jetular Dealer" of the item(s):
• ACTUAL UDBE AMOUNT = Entire expenditure for materials and sup canyri itvery services provided by the firm
• ELIGIBLE UDBE SUPPLY AMOUNT = (ACTUAL UDBE AMO
If the supplier is Walther a `J1lanufactureri nor a' ul a a?i '
s AfiT 1 c - SERVICE / BROKER CONTRACT.
NAME O� F UDBE FIRM
CERTIFI I
.^_-a r
ACTUAL.UDSE E:LIG113LE UDBE SUPPLY
AMOUNT AMOUNT
MATERIALS SUPPLIED: ---• -- a � �
.. ;.....
"'"' `=
PART 1C -» S5R.M.1 / BROKER CONTRACT
Transportation service Itdin fees/commissions are to be counted toward contract goals in this section p 1 g) (provided the trucker is NOT
classified as a "Manufacturfrr or a "Reoular Dealer" for the materials supplied). Examples of other services to include in this section
would be brokering, bonding, consulting, security guards, and Insurance.
For a UDBE "SE•elv_ice/Brokrtr Contract":
ACTUAL UDBE AMOUNT = Entire expenditure for services rendered Including cost of any materials/supplies provided by the firm
ELIGIBLE UDBE SERVICE FEE AMOUNT = t (ACTUAL UDBE AMOUNT) — (Cost of any materials and supplies) J
(NOTE: The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE brokerlagent for services rendered, provided
the fee/commission is determined by COOT to be reasonable and not excessive as compared with fees customarily charged for similar services.)
NAME OF UDBE FIRM I CERTIFICATION # "• �M�"�"' j ^v V/�,1,\,Tv` I " ` �� A,1r1111JT Vy - )
SERVICES RENDERED:
may 11
MAY-14-2004 FRI 10:39 AM G. L. HOFF CO, FAX NO, 9706631586 P. 03
PART 2 - UDBE PARTICIPATION SUMMARY
91 A) What is the total dollar value of this proposed subcontract, supply contract, OR service/broker
3ntract that Is eligible for counting toward contract goals?
,NOTE: Provide in actual subcontractor dollars and not prime contract prices) A> $43 , 080.00
A st( TOTAL FROM "ELIGIBLE" COLUMNS IN PART 1 ]
B) What is the total dollar value of proposed subcontracts that are eligible for counting towards
contract goals from prior sheets/forms? I U> $ 8,635.50
C) What is the accumulative value of proposed subcontracts that are eligible for counting towards
contract goals?
0> $51,715.50
CA(A + B]
D) What Is the original contract bid total? I D> $393, 695.15
E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs?
13.14%
PART 3 — PRIME CONTRACTOR CERTIFICATION M� � y� � I
:ertify that.
• my company has met the contracted UDBE goals or attae4
hd: "...t :4DOT Form #718, DBE Good Faith Effort
Documentation.
• my company has accepted a proposal from" he` , u�c.,.,r aotd lamed above.
• my company has notified the propose(.QkU!6r§. n cYiYpf (}ieContracted UDBE commitment.
• my company's use of the proposed d9�i,�u o-n- ZED' `i0(he Items of work listed above Is a condition of the contract award.
• my company will invite the p� sr�)1f be - ika�of to attend the preconstruction conference.
• my company will not u§,,q a sidU ILLi IN 6 subc6i4actor for the proposed UDBE subcontractor's fallure to perform under a
fully executed sul:col{, y" ..pt e's§
Provisions. F.Any complies with the definitions and requirements section of the DBE Special
_ r�:. '''� `�: l
• I understa 4Ett Ry to ` ,with the information shown on this form will be considered grounds for contract termination.
r-.r
I declare under pe`ji itty of-)Y�fttfi the second degree, and any other applicable state or federal laws, that the statements
made on this doctit Qnt 61 true and complete to the best of my knowledge.
Prime Contractor Name: G.L. Hoff Company Date: 5 /13 12004
Officer Signature and Tit la: Miriam T. Hoff, Secretary Treasurer
tl
FORM INSTRUCTIONS
Prime Contractor:
1. An officer of the contractor(s) must complete this form.
2. Include only DBE fines which meet the underutilized criteria in
the contract goal specification for this project (i.e., UDBE firms).
3. Complete ONLY ONiE section for Part 1 (1a, 1b, OR 1c)
4. Complete ALL sections of Part 2 and Part 3
5. Submit a separate C DOT Form #715 for EACH proposed UDBE.
6. Retain a photocopy for your records.
7. Send original to:
Colorado Department of Transportation
Business Programs Office
4201 E. Arkansas Ave.
Denver, Colorado 80222
FAX: (303) 757-9019
y,,,o, - vuon oaa murders u,ece rrevious editions may not be used CDOT Form
PAGE 2
MAY-14-2004 FRI 10:40 AM G. L. HOFF CO,
FAX N0, 9706631566
P. 04
COLOKAUU L1tFAKTIYIENT OF TRANSPORTATION project No.;
CERTIFICATE OF PROPOSED A C M455-060
JNDERUTILIZED DBE (UDBE) Project Code (W): 14076
PARTICIPATION
Location. Fort Collins Form #: 2 of 2
Ir Prime Contractor - Send completed/signed form to the Business Programs Office (instructions on second page).
(NOTE: See 49 CFR pert 28.:15, and the "DBE - Definitions and Requirements' In the Standard Special Provisions, for further Information concerning
counting DBE participation of subcontracto(s, suppliers and service providers toward the project's UDBE goal.)
�I PART 1 a — SUBCONTRACT
�I
NAME OF UDBE FIRM
TIER
CERTIFICATION #
EXPIRATION ELIGIBLE UDBE SUBCONTRACTDATE AMOUNT
ACTUAL CONTRACT AMOUNT)
ITEMS OF WORK SUBCONTRACTED:
�) PART lb —SUPPLY CONTRACT
If the supplier is a UDBE "Manufacturer" of the item(s): ,. , �
�
• ACTUAL UDBE AAAOUNT =Entire expenditure for materials and supplies Including cost Of andeliVerjj �rvlces provided by the firm
tiff
• ELIGIBLE UDBE SUPPLY AMOUNT = C (ACTUAL UDBE AMOUNT) X 100°% I `
If the supplier is a UDBE ".regular Dealer^ of the item(
• ACTUAL UDBE AMOUNT =Entire expenditure for materials and suppq ii" tlCIgdItl� coif any olive services provided by the firm
• ELIGIBLE UDBE SUPPLY AMOUNT = (ACTUAL UDBE AMOUN 'X 6�%e[>� z
� .. y..a � z
If the supplier Is neither a: Manufacturer nor a "Regular Deala f3#a klarp(s� S40?AkT�1 c - SERVICE / BROKER CONTRACT.
... .........
NAME OF UDBE FIRM
-
CERTIFIG1F�l�
ACTUAL UDBE ELIGIBLE UDBE SUPPLY
AMOUNT AMOUNT
r.:.
MATERIALS SUPPLIED:
f
PART 1C — SER1'/U(� / BROKER CONTRACT
Transportation service``(fi'tiuling) fees/commissions are to be counted toward contract goals in this section (provided the trucker is NOT
classified as a "Manufacturer or a "Regular Dealer for the materials supplied). Examples of other services to include in this section
would be brokering, bonding, consulting, security guards, and insurance.
For a UDBE "Service/Broker Contract":
• ACTUAL UDBEAMOUNT =Entire expenditure for servicas rendered including cost of any materialstsup plies provided by the firm
ELIGIBLE UDBE SERVICE FEE AMOUNT = (ACTUAL UDBE AMOUNT) — (Cost of any materials and supplies)
(NOTE: The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered, provided
the fee/commission is determined by CDOT to be reasonable and not excessive as compared with fees customarily charged for similar services.)
NAME OF UDBE: FIRM
CERTIFICATION #
EXPIRATION
ACTUAL UDBE ELIGIBLE UDBE SERVICE FEE
DATE
AMOUNT AMOUNT
Chavez Construction, Inc.
#5559
4 /30/200
$8,635.50 $8,635.50
SERVICES RENDERED:
Trucking: haul off demolished materials from the site.
Original _ a,." - -7
-
uuu, rorm r w uorw
MAY-14-2004 FRI 10:41 AM G. L. HOFF 00, FAX NO. 9708631566 P. 05
IPART 2 - DOSE PARTICIPATION SUMMARY
A} What is the total dollar
value of this proposed subconhact, supply contract, OR service/broker
xitract that is eligible for counting toward contract goals?
,,40YE: Provide in actual subcontractor dollars and not prime contract prices)
A> $ 8,635.50
A = [ TOTAL FROM "ELIGIBLE" COLUMNS IN PART 1 1
B) What is the total dollar value of proposed subcontracts that are eligible for counting towards
�� $43 080. 00
contract goals from prior sheets/forms?
,
C) What is the accumulalive value of proposed subcontracts that are eligible for counting towards
contract goals?
C> $51,715.50
Co[A + 61
D) What Is the original oonbgct bid total?
D> $393,695.15
E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs?
13.14%
afis
14
PART 3 — PRIME CI3NTRACTOR CERTIFICATION
.ertify that: ; 9 r
• my company has met the contracted UDBE goals or DOT Form #718, DBE Good Faith Effort
Documentation. _
• my company has accepted a proposal from fled — rabove.
• my company has notified the propos �. f tracted UDIJE commitment.
• my company's use► of the propos u a - e items of work listed above Is a condition of the contract award.
• my company will invite the s `. _ to attend the precorrstruction conference.
• my company will riot su ctor for the proposed UDBE subcontractor's failure to perform under a
fully executed sub _ ny complies with the definitions and requirements section of the DBE Special
Provisions.
• 1 undefsta2mwiIli the Information shown on this form will be considered grounds for contract termination.
1 declare under paa ty q� II the second degree, and any other applicable state or federal laws, that the statements
made on this docu J r true and complete to the best of my knowledge.
Prime Contractor Name: G.L. Hoff Company Date: 5 /13 12004
Officer Signature and Title: Miriam T. Hoff, Secretary Treasurer
FORM INSTRUCTIONS
Prime Contractor:
I. An officer of the contractor(s) must complete this form.
2. Include only DBE fimis which meet the underutilized criteria in
the contract goal specification for this project (i.e., UDBE firms).
3. Complete ONLY ONE section for Part 1 (1 a, tb, OR 1c)
4. Complete ALL seetkms of Part 2 and Part 3
5. Submit a separate C DOT Form #715 for EACH proposed UDBE.
may
6. Retain a photocopy for your records.
7. Send original to:
Colorado Department of Transportation
Business Programs Office
4201 E. Arkansas Ave.
Denver, Colorado 80222
FAX: (303) 757-9019
PAGE 2
I
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420Statement of Bidder's Qualifications
00430Schedule of Subcontractors
7/96 Section 00410 Page 1
SECTION 00500
AGREEMENT FORMS
00510Notice of Award
00520Agreement
00530Notice to Proceed
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 C�
By
aJ , vG%
mes B. O`Neill, II, CPPO, FNIGP
rchasing/Risk Management Director
07/2001 Section 00020 Page 2
SECTION 00510
NOTICE OF AWARD
Date: May 14, 2004
TO: G. L. Hoff Company
PROJECT: WEST ELIZABETH BIKE LANE IMPROVEMENTS; BID NO. 5850
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated April 27, 2004, for the above project
has been considered. You are the apparent successful Bidder and have been awarded
an Agreement for WEST ELIZABETH BIKE LANE IMPROVEMENTS; BID NO. 5850.
The Price of your Agreement is Three Hundred Ninety-three Thousand Six Hundred
Ninety-five Dollars and Fifteen cents ($393,695.15).
Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Three (3) sets of the Drawings will be delivered
separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days
of the date of this Notice of Award, that is by May 29, 2004.
1. You must deliver to the OWNER three (3) fully executed counterparts of the
Agreement including all the Contract Documents. Each of the Contract
Documents must bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds)
as specified in the Instructions to Bidders, General Conditions (Article
5.1) and Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle
OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare
your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return to
You one (1) fully -signed counterpart of the Agreement with the Contract Documents
attached.
0
9/12/01
City of Fort Collins
ER
es B. O'Neill II,
ctor of Purchasing
Title
UFFv, r'NIGP
nd Risk Management
Section 00510 Page 1
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the 14th day of May in the year of 2004 and shall
be effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
G. L. Hoff Company (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 curb, gutter and bike
lane improvements on West Elizabeth Street between Shields Street and City Park
Avenue in the City of Fort Collins. This work will include clearing and
grubbing, asphalt and concrete removal, asphalt patching, curb and gutter, ramp,
apron and crosspan construction, inlet reconstruction, earthwork, manhole and
valve box adjustments, and construction traffic control.
ARTICLE 2. ENGINEER
The Project has been designed by BHA Design, Inc./Sear-Brown, who is hereinafter
called ENGINEER and who will assume all duties and responsibilities and will have
the rights and authority assigned to ENGINEER in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete by August 1, 2004, and
completed and ready for Final Payment and Acceptance in accordance with the
General Conditions within 74 calendar days after the date when the Contract Times
commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
They also recognize the delays, expenses and difficulties involved in proving in
a legal proceeding the actual loss suffered by OWNER if the Work is not completed
on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall
pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
9/12/01 Section 00520 Page 1
Three Thousand Eight Hundred Twenty-eight Dollars ($3,828 00) for each
calendar day or fraction thereof that expires after the 74 calendar
day period, until the Work is Substantially Complete.
2) Final Acceptance:
After the City of Fort
Substantial Completion h
reach Final Completion.
Dollars ($1,000.00) for
expires after the 20 day
Payment and Acceptance.
Collins representative has determined that
as been met, the Contractor has 20 days to
The Contractor will be charged One Thousand
each calendar day or fraction thereof that
period, until the Work is ready for Final
3) Incentive:
A Three Thousand Eight Hundred Twenty-eight Dollars ($3,828.00) per
day, or fraction thereof, incentive will be awarded to the Contractor
for substantially completing the Work prior to the 74 calendar days.
The maximum incentive is limited to five percent of the contractor's
total bid for the work items.
4) Project Start and Completion Dates:
All construction will be approved to begin as early as May 17, 2004,
and must be substantially complete by August 1, 2004. The number of
calendar days bid must fall within this construction window. The
total number of days established by the bidder to complete the work
shall not exceed 74 calendar days.
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: ($393,695.15),
Three Hundred Ninety-three Thousand six Hundred Ninety-five Dollars and Fifteen
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
9/12/01 Section 00520 Page 2
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions. 90% of the value of Work completed until the Work has been
50% completed as determined by ENGINEER, when the retainage equals 5% of the
Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 90% of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the application for
payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price,
less such amounts as ENGINEER shall determine or OWNER may withhold in accordance
with paragraph 14.7 of the General Conditions or as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
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.
9/12/01 Section 00520 Page 3
6.4. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price, within
the Contract Times and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provision of paragraph 4.3. of the
General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General Conditions,
Supplementary Conditions, those items included in the definition of "Contract
Documents" in Article 1.10 of the General Conditions, and such other items as are
referenced in this Article 7, all of which are incorporated herein by this
reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract Documents
and incorporated herein by this reference, and include, but are not limited to,
the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5Application for Exemption Certificate
7.2. 6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets with the following
general title:
Colorado Department
West Elizabeth Bike
Federal Aid Project
Project Code 14076
of Transportation
Lanes
No. AQC M455-060
The Contract Drawings shall be stamped "Final for Construction" and dated. Any
revisions made shall be clearly identified and dated.
9/12/01
Section 00520 Page 4
7.4. Addenda Numbers NA to NA, inclusive.
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract Documents pursuant
to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or
incorporated by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the
General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the
General Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not without
limitations, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or
discharge that assignor from any duty or responsibility under the Contract
Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
9/12/01 Section 00520 Page 5
OWNER: TY/n�OFFORT �COLL�]INS
By: +e, q •
JOHN F. I CHBACH,
'CITYR
BY �c
JAM ONEILL II, CPPO, FNIGP
CTOR OF PURCHASING
D R MAN ME
Date: ( � 4
Attest:
Address f A
`-1.�ving -i
dye
0 •-
P. O. Box 5 ()
�R Z
Fort Collins, CO
Approved as to Form
— 40 (
Assistant ity Attorney
9/12/01
CONTRACTOR: L. Hoff ompan
By:
Title: —
Date: ET—(-? - 0 y
(CORPORATE SEAL)
Attest: L7- 11VIf
Address for giving notices:
LICENSE NO.:
Section 00520 Page 6
SECTION 00530
NOTICE TO PROCEED
Description of Work: WEST ELIZABETH BIKE LANE IMPROVEMENTS; BID NO. 5850
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
00615Payment Bond
00630 Certificate of Insurance
00635Certificate of Substantial Completion
00640Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660Consent of Surety
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No. S321860
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) G. L. Hoff Company
(Address) 1815 W. 12th St., Loveland, CO 80537
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the
"Principal" and
(Firm) Employers Mutual Casualty Company
(Address) P.O. Box 370010, Denver, CO 80237-0010
hereinafter referred to as "the Surety", are held and firmly bound unto City of
Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal
Corporation) hereinafter referred to as the "OWNER", in the penal sum of
$393,695.15 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 /y r' day of
20�, a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project,
WEST ELIZABETH BIKE LANE IMPROVEMENTS; BID NO. 5850.
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
SECTION 00100
INSTRUCTIONS TO BIDDERS
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms
of the Agreement or to the Work to be performed thereunder or the Specifications
accompanying the same shall in any way affect its obligation on this bond; and it
does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) countoerparts, each r'
one of which shall be deemed an original, this 12 day of
20
IN PRESENCE OF: Principal
G. L. Hoff Companv
(Corporate Seal)
IN PRESENCE OF:
IN XPCE OF:
Witness
(Title)
1815 W. 12th St., Loveland, CO 80537 f�
(Address) 4-
Other Partners
By:
By:
Surety
Empl ers Mutual Casualty Company
By:
a.µ
P.O. Box 370010. Denve4 ° t6' 0
(Address) '
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agre 0
If CONTRACTOR is Partnership, all partners should
to Bond.
7/96 Section 00610 Page 2
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)G. L. Hoff Company
(Address) 1815 W. 12th St., Loveland, CO 80537
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the
"Principal" and
(Firm) Employers Mutual Casualty Company
(Address) P.O. Box 370010, Denver, CO 80237-0010
hereinafter referred to as "the Surety", are held and firmly bound unto the City
of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal
Corporation) hereinafter referred to as "the OWNER", in the penal sum of
$393,695.15 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 / 04" day of ezkl,
200q, a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project, WEST ELIZABETH BIKE LANE
IMPROVEMENTS; BID NO. 5850.
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 CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each
one of which shall be deemed an original, this ��day of,
20D
IN PRESENCE OF: Principal
G. L. Comp
B y :
46401
(Title)
(Corporate Seal)
IN PRESENCE OF:
1815 W. 12th St., Loveland, CO 80537
(Address)
Other Partners
INME S CE OF* Em
— :
By:
Witness
(Surety Seal)
Mutual Casualty Company s.,�
(Address)
NOTE: Date of Bond must not be prior to date of Ag
If CONTRACTOR is Partnership, all partners s
7/96
Section 00615 Page 2
AFEMICInsurance Companies
P.O. Box 712 •Des Moines, IA 50303-0712
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
2. EMCASCO-Insurance Company, an Iowa Corporation 6, EMC Property & Casualty Company, an Iowa corporation,
union Insurance Companyt of Providence, an Iowa Corporation 7. The Hamilton Mutual Insurance Company, an 0hiotorpor !on
C Iffinois EMCASCO,Insuranu Company, an Iowa Corporation
hereinafter referred to severally as: "Company" and collectively as "CompaniesI each does, by these presents, make, constitute and
appoint
CHRIS RICHMOND, RUSSELL MICHELS, DARLENE KRINGS, DIANE CLEMENTSON, INDIVIDUALLY, FORT COLLINS, COLORADO .....
its true and lawful afforney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of
791VAWROWROA& EXCEEDING TEN MILLION DOLLARS ........................................................ ............. 41.,.v�-.. ($101000000 00).
and to bind each Company thereby as fully and to the same extent asif such instruments were 4ned by the duty authorized officers of each such Company,.. and:all of
the ads of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire April 1, 2006 unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power-cf-Attorneyis.1ma,de and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each ,ofthe Compariies..aLa
regularly scheduled meeting of each company duly cailed and held in 1999:
RESOLVED: The President and Chief. Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual.Casualty Company shall have.0ower
and ind authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the :Company' thereto, bonds, and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke
the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-aftomey issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or,hereafter, wherever appearing upon a
certified copy of any 'power-of-attoney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed.
.IN 11 Vfq#SS WHEREOF, the C.oj h used these have caused ph is to be signed for each by their officers as shown, and the Corporate seals tobe heretc, affixed this
y of
Seals eC
.......... ...... ..... .
04 , INS Ut Bruce G. Kelley, Chairman Jlffrey S. Birdsley
$S� W . .......... 0,.. of Companies 2, 3, 4, 5 & 6; resident Assistant Secretary
of Company 1; Vice Chairman and
CEO of Company 7
1863 3
_a;SEAL
2003
On this I 7th day of January
AD before me a
SU AIVC
"A " \'AS UR441"" n' 01 At Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Jeffrey S.
•
P 0 04 Birdsley, who, being by me duly sworn, did say that they are, and are known to me to be the
F,� J
SEAL SEAL SEAL Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of
each of The Companies above; that the seals affixed to this instrument are the seals of said
corporations; that said instrument was signed and sealed on behalf of each of the Comp !as
;Owp" OA0A by authority of their respective Boards of Directors; and that the said 8174 d
rR'I... .x 4! .......
Jeffrey S. Birdsley, as such officers, acknowledge the execution: of ...
voluntary act and deed of each of the Companies
My Commission Expires September 30, 2003.
RUTA KRUMIN S
Commission Number 176255 Pip
My Comm, Exp. Sept 30, 2003
Notary Public in and for the
CERTIFICATE
1, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards
e.,4 fh;c Dn.uer r f A*Me..., iem,nA. n. +k.ro+n nn January 17, 2003
.......... I and effect.
J my name and affixed the facsimile seal of each Company this /,? day of
Vice -President
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
7/96
Section 00630 Page 1
ACORD- CERTIFICATE
OF LIABILITY INSURANCE
M,DD YYYY)
sn 7/oa
/17/0
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Flood & Peterson Insurance Inc
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4821 Wheaton Drive
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P O Box 270370
Fort Collins, CO 80527
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURERA: Travelers Insurance
G.L. Hoff Co.
INSURERB: Plnnacol Assurance
1815 W 12th Street
INSURERc: Fireman's Fund Insurance, Co.
P.O. Box 7448
INSURER D:
Loveland, CO 80537
INSURER E:
COVERAGES
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.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE M DO/YY
POLICY EXPIRATION
DATE MWDD/N/
LIMITS
A
GENERAL LIABILITY
DTC0324D9364TIL04
01/01/04
01/01/05
EACH OCCURRENCE
$1000000
X COMMERCIAL GENERAL LIABILITY
DAMAGEPREMI TO RENTED
a300 000
CLAIMS MADE O OCCUR
MED EXP (Any one Person)
$5 000
PERSONAL & ADV INJURY
$1 000 000
X PD Ded:2,500
GENERAL AGGREGATE
s2 000 000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMP/OP AGG
$2000000
POLICY X ECT LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
DT810784F8171TIL04
01/01/04
01101/05
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
X
BODILY INJURY
(Per Person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
A
EXCESS/UMBRELLA LIABILITY
DTSMCUP324D9364TIL
01/01/04
01/01/05
EACH OCCURRENCE
s2o00000
X OCCUR CLAIMS MADE
AGGREGATE
$2 000 000
$
$
DEDUCTIBLE
$
X RETENTION $ 10 000
B
WORKERS COMPENSATION AND
2242590
01/01/04
01/01/05
TH-
X I OR WCSTATU- MIT OFR
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
E.L. EACH ACCIDENT
$500OOO
E.L. DISEASE • EA EMPLOYEE
$500,000
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE • POLICY LIMIT
$500,000
C
OTHER
MX198470488
01101/04
01/01105
$1,500,000 Limit
Builder's Risk
$ 1,000 Deductible
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
RE: #5850 West Elizabeth Bike Lane Improvements
City of Fort Collins and Colorado Department of Transportation is named as
additional insured, but only as respects liability arising out of work
performed by the named insured (Excluding Workers' Compensation).
City of Fort Collins
PO Box 580
Fort Collins, CO 80522-0580
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ,I0DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001108) 1 of 2 #S281986/M277572
0 ACORD CORPORATION 1988
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:
WEST ELIZABETH BIKE LANE IMPROVEMENTS;
BID NO. 5850
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: Citv 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.
CITY OF FORT COLLINS, COLORADO By:
OWNER
REMARKS:
AUTHORIZED REPRESENTATIVE DATE
7/96 Section 00635 Page 1
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO
Gentlemen:
You are hereby notified that on the
Fort Collins, Colorado, has
for the
WEST ELIZABETH BIKE LANE IMPROVEMENTS
20
_ day of , 20_, the City of
accepted the Work completed by
City of Fort Collins project,
BID NO. 5850.
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:
ATTEST:
Title:
7/96 Section 00640 Page 1
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
PROJECT: WEST ELIZABETH BIKE LANE IMPROVEMENTS; BID NO. 5850
1. The CONTRACTOR acknowledges having received payment, except retainage from
the OWNER for all work, labor, skill and material furnished, delivered and
performed by the CONTRACTOR for the OWNER or for anyone in the
construction, design, improvement, alteration, addition or repair of the
above described project.
2. In consideration of such payment and other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR
voluntarily waives all rights, claims and liens, including but not limited
to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop
notices, equitable liens and labor and material bond rights which the
CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the
construction, design, improvement, alteration, addition or repair of the
above described project, against the OWNER or its officers, agents,
employees or assigns, against any fund of or in the possession or control
of the OWNER, against the project or against all land and the buildings on
and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished,
delivered or performed to or for the construction, design, improvement,
alteration, addition or repair of the project were furnished, delivered or
performed by the CONTRACTOR or its agents, employees, and servants, or by
and through the CONTRACTOR by various Subcontractors or materialmen or
their agents, employees and servants and further affirms the same have been
paid in full and have released in full any and all existing or possible
future mechanic's liens or rights or claims against the project or any
funds in the OWNER'S possession or control concerning the project or
against the OWNER or its officers, agents, employees or assigns arising out
of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if
any, and the Surety on the project against and from any claim hereinafter
made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants,
agents or assigns against the project or against the OWNER or its officers,
employees, agents or assigns arising out of the project for all loss,
damage and costs, including reasonable attorneys fees, incurred as a result
of such claims.
7/96 Section 00650 Page 1
5. The parties acknowledge that the description of the project set forth above _.
constitutes and adequate description of the property and improvements to
which this Lien Waiver Release pertains. It is further acknowledged that
this Lien Waiver Release is for the benefit of and may be relied upon by
the OWNER, the lender, if any, and Surety on any labor and material bonds
for the project.
Signed this day of
CONTRACTOR
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this
20 by
Witness my hand and official seal.
My Commission Expires:
7/96
20
day of
Notary Public
Section 00650 Page 2
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the
Standard General Conditions of the Construction Contract (No. 1910-8, 1990
ed.) have the meanings assigned to them in the General Conditions. The
term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -
bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means
the lowest, qualified, responsible and responsive Bidder to whom OWNER (on
basis of OWNER's evaluation as hereinafter provided) makes an award. The
term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents
(including all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the
Invitation to Bid. No partial sets will be issued. The Bidding Documents
may be examined at the locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids;
neither OWNER nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410,
00420, and 00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available
on the above terms, do so only for the purpose of obtaining Bids on the
Work and do not confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must
submit at the time of the Bid opening, a written statement of
qualifications including financial data, a summary of previous experience,
previous commitments and evidence of authority to conduct business in the
jurisdiction where the Project is located. Each Bid must contain evidence
of Bidder's qualification to do business in the state where the Project is
located or covenant to obtain such qualification prior to award of the
contract. The Statement of Qualifications shall be prepared on the form
provided in Section 00420.
3.2. In accordance with Section 8-160 of the Code of the City of Fort
Collins in determining whether a bidder is responsible, the following shall
be considered: (1) The ability, capacity and skill of the bidder to perform
the contract or provide the services required, (2) whether the bidder can
12/03 Section 00100 Page 1
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: WEST ELIZABETH BIKE LANE IMPROVEMENTS; BID NO. 5850
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)
so
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
7/96 Section 00660 Page 1
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Insert State certificate here.
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303)232-2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(M)
0
nn unT woiTc yr Tuic caerc
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building
materials forthe exemptproject 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 THEAPPLICATION TO BE DENIED.
g stration/Account No. (to be assigned by DOR)
Period
8
0170-750 (999)
..f
l « ` t 5 P$`+ \{iyd' k •id� h � SX rt
��
2 7
Vr
-0 X
5�
, W � i ( Y t} ..4k �qf Y� i`x ... 'L is 'Y.s�iY. � , il.` i'� eie! 'J'. �{
3 ..,f�}N
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.
r
Business telephone number:
c �
Colorado withholding tax account number:
ITO
Name of exempt organization (as shown on contract):
Exempt organization's number:
98 -
Address of exempt organization (City, State, Zlp):
Principal contact at exempt organization:
Principal contacts telephone number:
Physical location of project site (give actual address when applicable and Cities and/or County lies) where project Is located)
Scheduled Month Day Year Estimated Month Day Year
construction start date: completion date:
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.
Title of corporate officer:
Signature of owner, partner or corporate officer.I -J
Date:
uv 14V 1 YYFII1 C CCLUW 1 hiti LINt_
SECTION 00700
GENERAL CONDITIONS
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to
that document are shown by underlining text that has been added and
striking through text that has been deleted.
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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....***......_.,.............}
1.2
Agreement,,,,,,,,...
,,..,,,,.1
2.2
Copies of Documents
1.3
Application for Payment .....................1
2.3
........................3
Commencement of Contract
1.4
Asbestos .................................
I
Times; Notice to Proceed
3
1.5
Bid,,,,,,,, ......... ......
1
2.4
Starting the Work
1.6
Bidding Documents ............................1.
2.5-2.7
Before Starting Constructi„on;
1.7
Bidding Requirements .........................1
CONTRACTOR's Responsibility
1.8
Bonds.,,. I
I
to Report; Preliminary Schedues;
1.9
Change Order ............... ... . ...................
I
Delivery of Certificates of
1.10
Contract Documents._
1
Insurance .....
1.11
Contract Price ..............................
1
2.8
......................3-4
Preconstruction Conference...,,,,...,,,
4
1.12
Contract Times ...... ......... .....
1
2.9
Initially Acceptable Schedules
4
1.13
CONTRACTOR ..................................
l
..........
1.14
defective.............................................1
3. CONTRACT DOCUMENTS: INTENT,
1.15
Drawings ............................................
1
AMENDING,
REUSE ...............
4
1.16
Effective Date of the Agreement ............
1
3.1-3.2
....................
Intent..............................................
4
1.17
ENGINEER ......... ...................
1
3.3
Reference to Standards and Speci-
1.18
ENGINEERS Consultant .................
.... I
£cations of Technical Societies;
1.19
Field Order ..........................................
I
Reporting and Resolving Dis-
1.20
General Requirements .........................2
crepancies,,,,,....,,,
4-5
1.21
Hazardous Waste.................................2
3A
.....................
Intent of Certain Terms or
1.22.a
Laws and Regulations; Laws or
Adjectives ..............................
Regulations .................................
. 2
3.5
Amending Contract Docunents
5
1.22.b
Legal Holidays .................................
2
3.6
.........
Supplementing Contract
1.23
Liens.................................................2
Documents.............
1.24
Milestone,.,._,,,,
2
3.7
Reuse of Documents .........................�
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
5-6
1.30
Petroleum .....................................
2
4.2
Subsurface and Physical
1.31
Project................................................2
Conditions................
6
1.32.a
Radioactive Material ..............................
4.2.1
.................
Reports and Drawings......................
1.32.b
Regular Working Hours .......................
2
4.2.2
Limited Reliance by CONTRAC-
1.33
Resident Project Representative ..._........2
TOR Authorized; Technical
1.34
Samples ...........................................
2
Data
1.35
Shop Drawings ..................................
2
4.2.3
Notice of Differing Subsurface
1.36
Specifications ...................................
2
or Physical Conditions,,..,..,...,,,,,,,
6
1.37
Subcontractor,,..,.,,, ...... *....................
4.2.4
ENGINEER's Review,
6
1.38
Substantial Completion........................2
4.2.5
.................
Possible Contract Documents
1.39
Supplementary Conditions ....................
2
Change .......................................
6
1.40
Supplier ........................................
2
.......
4.2.6
Possible Price and Times
1.41
Underground Facilities,,,,,,,,,,,,,,,,,,,,,
2-3
Adjustments ...............................
.-7
1.42
Unit Price Work,..,, ..,,__,,.3
4.3
Physical Conditions --Underground
1.43
Work , ,
3
Facilities,,..,
7
1.44
Work Change Directive ........................
4.3.1
...I.........7
Shown or Indicated,,,._.......
1.45
Written Amendment ......... .........3
4.3.2
.
Not Shown or Indicated .....................
7
4.4
Reference Points
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,
Hazardous Waste or
Radioactive Material....................7-8
BONDS AND INSURANCE .................................
8
5.1-5.2
Performance, Payment and Other
Bonds...............................................
5.3
Licensed Sureties and Insurers;
Certificates of Insurance ....................$
5A
CONTRACTOR's Liability
Insurance ...................... ...................
9
5.5
OWNER's Liability Insurance ..............
9
5.6
Property Insurance ..........................9-10
5.7
Boiler and Machinery or Addi-
tional Property Insurance.................10
5.8
Notice of Cancellation Proxision .........
10
5.9
CONTRACTOR'S Responsibility
for Deductible Amounts ...................
10
5.10
Other Special Insurance .....................10
5.11
Waiver of Rights................................11
5.12-5.13
Receipt and Application of
Insurance Proceeds,* .......... .........
10-11
5.14
Acceptance of Bonds and Instr-
ance; Option to Replace ...................
11
5.15
Partial Utilization --Property
Insurance........................................11
6. CONTRACTOR'S
RESPONSIBILITIES ...............11
6.1-6.2
Supervision and Superintendence .......
11
6.3-6.5
Labor, Materials and Equipment...
11-12
6.6
Progress Schedule..............................12
6.7
Substitutes and "Or -Equal" Items;
CONTRACTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEERS Evaluation.............12-13
6.8-6.11
Concerning Subcontractors,
Suppliers and Others;
Waiver of Rights ..........................
13-14
6.12
Patent Fees and Royalties ...................
14
6.13
Permits.............................................14
6.14
Laws and Regulations ........................14
6.15
Taxes...........................................14-15
6.16
Use of Premises .................................
15
6.17
Site Cleanliness ................................
15
6.18
Safe Structural Loading.....................15
6.19
Record Documents .............................15
6.20
Safety and Protection ....................15-16
6.21
Safety Representative .........................16
6.22
Hazard Communication Programs
...... 16
6.23
Emergencies.....................................16
6.24
Shop Drawings and Samples..............16
01
6.25
Submittal Proceedures; CON-
TRACTOR's Review Prior
to Shop Drawing or Sample
Submittal....................................16
6.26
Shop Drawing & Sample Submit-
tals Review by ENGINEER ......
16-17
6.27
Responsibility for Variations
From Contract Documents, ...........
17
6.28
Related Work Performed Prior
to ENGINEER's Review and
Approval of Required
Submittals...................................17
6.29
Continuing the Work.....................17
6.30
CONTRACTOR's General
Warranty and Guarantee ..............
17
6.31-6.3 3
Indemnification ....... ..................17-18
6.34
Survival of Obligations ...................18
7. OTHER WORK.................................................18
7.1-7.3
Related Work at Site.......................18
7.4
Coordination.................................18
8. OWNER'S
RESPONSIBILITIES .........................18
8.1
Communications to CON-
TRACTOR.................................18
8.2
Replacement of ENGINEER ............
18
8.3
Furnish Data andPay Promptly
When Due..................................18
8.4
Lands and Easements; Reports
and Tests................................18-19
8.5
Insurance.......................................19
8.6
Change Orders...............................19
8.7
Inspections, Tests and
Approvals...................................19
8.8
Stop or Suspend Work;
Terminate CONTRACTOR'S
Services......................................19
8.9
Limitations on OWNER'S
Responsibilities ..........................
19
8.10
Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material....................19
8.11
Evidence of Financial
Arrangements .............................
19
9. ENGINEER'S STATUS DURING
CONSTRUCTION.............................................19
9.1
OWNER's Representative ...............
19
9.2
Visits to Site .............
..19
9.3
Project Representative ...............19-21
9.4
Clarifications and Interpre-
tations ........................................
21
9.5
Authorized Variations in V1brk.......
.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 ..................21
13.8-13.9
Uncovering Work atENGI-
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 Prices,....,
21-22
13.11
...........
Correction or Removal of
9.11-9.12
Decisions on Disputes; ENGI-
Defective Work ......................
28
NEER as Initial Interpreter..............22
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 .....................................
2 8-29
CHANGES IN THE WORK ..... ...................................
3
10.1
OWNER's Ordered Change................
23
14. PAYMENTS TO CONTRACTOR AND
10.2
Claim for Adjustment ........................
23
COMPLETION,,.,..,,,,,,.
29
10.3
Work Not Required by Contract
14.1
Schedule of Values,,,..
29
Documents„ ....................................
23
14.2
Application for Progress
10.4
Change Orders, I ....................
23
Payment.....................................29
10.5
Notification of Surety ........................
23
14.3
CONTRACTOR's Warranty of
Title...........................................29
CHANGE OF CONTRACT PRICE ...............................
14.4-14.7
Review of Applications for
11.1-11.3
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 Inspectiorl..,,_.,
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 Acceptance......,
31
11.7
Cost Records.................................25-26
14.15
Waiver of Claims
31-32
11.8
Cash Allowances.... ..............I....._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
12.1
Claim for Adjustment ........................
26
15.2-15.4
....„....32
OWNER May Terminate....,.,,,,,,,..,
32
12.2
Time of the Essence ..........................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...,., .............
...............................
27
17.3
Notice of Claim
33
13.1
Notice of Defects ...............*...........
.
17.4
Cumulative Remedies33
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,,, .,,,,,,,. -Al
lion, Testing or Approval ,,,,,,,,,,,,,,,,,27v
16.7
Mediation ................ GC
...................
-Al
1° EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of --
Bonds and Insurance,...... ...........................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" Items.....................6.7.1
Work by OWNER..............................2.5, 6,30, 6.34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities ............................................. 4.1
site, related Work...............................................7.2
Work, ............. .............................13.2, 13.14, 14.9
Acts or Omissions--, Acts and Omissions--
CONTRACTOR...................................6.9.1, 9.13.3
ENGINEER..........................................6.20, 9.13.3
OWNER....................................................G.20, 8.9
Addenda --definition of (also see
definition of Specifications) ....... (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,
I..............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................1.10, 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 --
definition of......................................................1.3
ENGINEER's Responsibility...............................9.9
final payment„................9.13.4, 9.13.5, 14.12-14.15
in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5
progress payment......................................14.1-14.7
review of .................................................. 4.4-14.7
Arbitration 16.1-16.6
...........................................
Asbestos --
claims pursuant thereto...........................4.5.2, 4.5.3
CONTRACTOR authorized to stop Work .......... 4.5.2
definition of ................................ 14
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
.................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 Other...................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 Insurancq.............2.7,
5.3, 5.4.11, 5.4.13,
.....................„5.6.5, 5.8,
5.14, 9.13.4, 14.12
Change in Contract Price --
Cash Allowances..............................................11.8
claim for price
adjustment.,.......... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4
9.11, 10.2, 10.5, 11.2, 13.9,
...................9.5,
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.....................................................)1.7
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
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 ofDerective Work ..........................13.13
Amending Contract Documents ..........................3.5
Cash Allowances11.8
Change of Contract Price.....................................I
I
Change of Contract Times.......................I...........12
Changes in the Work. ........
......... ........10
CONTRACTOR's fee........................................11.6
Cost of the Work.......................................11.4-11.7
Cost Records....................................................11.7
definition of
...............................
1.9
emergencies ..............
.... 6.23
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............................8.6,
10.4
Physical Conditions --
Subsurface and ...............................
..........4.2
Underground Facilities--.............................4.3.2
Record Documents ...........................................
6.19
Scope of Change.......................................10.3-10.4
Substitutes.............................................
6.7.3, 6.8.2
Unit Price Work................................................
11.9
value of Work, covered by.................................11.3
Changes in the Work10
Notification of surety.........................................10.5
OWNER's and CONTRACTOR's
responsibilities ...........................................
10.4
Right to an adjustment ..... ..............*..............,_„10.2
Scope of change ......... .........
......,.,..10.3-10.4
Claims --
against CONTRACTOR....................................6.16
against ENGINEER ........................................ 6.32
against OWNER 6.32
................................................
Change of Contract Price 9.4, 11.2
Change of Cmtract 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
Vi
CONTRACTOR's Fee ...................................... 11.6
Article or Paragraph
Number
CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31
Cost of the Work,,,,,...., *....................
11.4, 11.5
Decisions on Disputes ...............................
9.11, 9.12
Dispute Resolution...........................................16.1
Dispute Resolution Agreement ....................16.1-16.6
ENGINEER as initial interpreter .....
.............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 on..,,,,,,,,,,,,,,,,,,,,,
, 9.11
Substitute Items ..............0.7.1.2
.............................
Time Extension ............. ....... I............................12.1
Time requirements ...................... ............9.11,
12.1
Unit Price Work„ „....... .........
.......... J 1.9.3
Value of
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 Interpretations„_.........
3.6.3, 9.4, 9.11
CleanSite............................................................0...17
Codes of Technical Society, Organization
or Association...........................................
......3.3.3
Commencement of Contract Times2.3
Communications--
general..............................................6.2,
6.9.2, 8.1
Hazard Communication Programs,,,,,,,,,,,,,,,,,,,,,
6.22
Completion --
Final Application for Payment .........................1.4.12
Final Inspection,, ,, ,,,,,,,,,,,,
J4.11
Final Payment and Acceptance .............„14.13-14.14
Partial Utilization ,,,,,,,,,,,,,,,,,,,,,,*.......__..........„14.10
Substantial Completion ......................1.38,
14.8-14.9
Waiver of Claims .................................
...........14.15
Computation of Times .................* ...... ,,,,,,,17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others .............. ............. .......................6.8-6.11
Conferences --
initially acceptable schedules .............................
2.9
preconstruction ................
2.8
Conflict, Error, Ambiguity, Discrepancy--
CONTRACTOR to Report ..........................
2.5, 3.3.2
Construction, before starting by
CONTRACTOR............................................2.5-2.7
Construction Machinery, Equipment, etc,,,,,,,,,,,,,,,,,,
6.4
Continuing the Work ....................................
6.29, 10.4
Contract Documents --
Amending..........................................................3.5
Bonds .......................................................
5.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
perform the contract or provide the service promptly and within the time
specified without delay or interference, (3) the character, integrity,
reputation, judgment, experience and efficiency of the bidder, (4) the
quality of the bidder's performance of previous contracts or services, (5)
the previous and existing compliance by the bidder with laws and ordinances '
relating to the contract or service, (6) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the
service, (7) the quality, availability and adaptability of the materials
and services to the particular use required, (8) the ability of the bidder
to provide future maintenance and service for the use of the subject of the
contract, and (9) any other circumstances which will affect the bidder's
performance of the contract.
3.3. Each Bidder may be required to show that he has handled former Work
so that no just claims are pending against such Work. No Bid will be -
accepted from a Bidder who is engaged on any other Work which would impair
his ability to perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract
with the City or in the payment of any taxes, licenses or other monies due
to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to _
(a) examine the Contract Documents thoroughly, (b) visit the site to
familiarize himself with local conditions that may in any manner affect
cost, progress or performance of the Work, (c) familiarize himself with
federal, state and local laws, ordinances, rules and regulations that may
in any manner affect cost, progress or performance of the Work, (d) study
and carefully correlate Bidder's observations with the Contract Documents,
and (e) notify Engineer of all conflicts, errors or discrepancies in the ,
Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification
of: Subsurface and Physical Conditions SC-4.2. -'
4.3. The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement of -.
this Article 4, that without exception the Bid is premised upon performing
and furnishing the Work required by the Contract Documents and such means,
methods, techniques, sequences or procedures of construction as may be
indicated in or required by the Contract Documents, and that the Contract
Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to
be submitted in writing to the Engineer and the OWNER. Interpretation or
12/03 Section 00100 Page 2
Cash Allowances..............................................11.8
Article or Paragraph
Number
Change of Contract Price ....................................
I I
Change of Contract Times ..................................
12
Changes in the Work........... I....................10.4-10.5
check and verify ................................................
2.5
Clarifications and
Interpretations ......................... 3.2, 3.6,
9.4, 9.11
definition of....................................................1.10
ENGINEER as initial interpreter of ..................
9.11
ENGINEER as OWNER's representative..............9.1
genera13
Insurance...........................................................5.3
Intent
3 1-3.4
minor variations in the Work .............................3
6
OWNER's responsibility to furnish data...............8.3
OWNER's responsibility to make
prompt payment ..........................$-3, 14.4, 14.13
precedence................................................3.1,
3.3.3
Record Documents............................................0.19
Reference to Standards and Specifications
of Technical Societies............ I......................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...........................................................1
I
Decision on Disputes........................................9.11
definition of....................................................1.11
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............................6.9.2
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
vii
Stop Work requirements..................................4.5.2
CONTRACTOKs—
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.............................1•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.....................................................0.23
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 .........................602, 6.16,
6.31-6.33
Inspection of the Work ...............................
7.3, 13.4
Labor, Materials and Equipment ....................6.3-6.5
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 ..............................
• 1
Permits, obtained and paid for by.......................6.13
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 Work..................................10.1
Concerning Subcontractors, Suppliers
and Others......................................6.8-6.11
Continuing the Work ..........................6.29,
10.4
CONTRACTOR's expense ..........................
6.7.1
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..............................6.7.3
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
........... .22
Indemnification ...................................
6.31-6.33
EICDC 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.............................6.12
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 Representative6.21
..............
Scheduling the Work..................................6.9.2
Shop Drawings and Samples,,,,,,,,,,,,,,,,,,,,,,,
6.24
Shop Drawings and Samples Review
by ENGINEER......................................6.26
Site Cleanliness ..............*.__.,,,,,,.....
...... 6.17
Submittal Procedures,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,
,6.25
Substitute Construction Meth,,ods
and Procedures .............. .............
..6.7.2
Substitutes and "Or -Equal" Items,,,,,,,,,,,,,,,,6.7.1
Superintendence ....................... ....................
6.2
Supervision...................................................6.1
Survival of Obligations................................6.34
Taxes .................................
Tests and Inspections..................................13.5
To Report ..............
2.5
Use of Premises......................6.16-6.18, 6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal ......................................
6.25
Right to adjustment for changes in the Work
..... 10.2
right to claim,,,.,....,. 4, 7.1, 9.4, 9.5, 9.11,
10.2,11.2,
....... , 11.9,12.1,13.9,14.8,15.1,15.5,17.3
Safety and Protection,,,,,,,,,,,,,,,,,, .............
7.2, 13.2
Safety Representative ........................................
6.21
Shop Drawings and Samples Submittals.....
6.24-6.28
Special Consultants,,,,,,,,,,,,,,,,,,,,
...11.4.4
Substitute Construction Methods and Procedures..6.7
Substitutes and "Or -Equal" Items,
Expense .......................................... 6.7.1,
6.7.2
Subcontractors, Suppliers and Others.,,,,,,
6.8-6.11
Supervision and Superintendence ......... 6.1,
6.2, 6.21
Taxes, Payment by ............................................
6.15
Use of Premises,,,,,,,,,,,,,,,,,,,, ......
6.16-6.18
Warranties and guarantees .... ..........6.5,
6.30
Warranty of Title ....................
14.3
Written Notice Required--
CONTRACTOR stop Work or terminate ........
15.5
Reports of Differing Subsurface
and Physical Conditions .......................4.2.3
Substantial Completion.,...,, ........................
.14.8
vim
CONTRACTORS --other. , ,
Contractual Liability Insurance,,,,,,,,,,,,,,,,,,,,, $.4.10
Contractual Time Limits 12.2
Article or Paragraph
Number
Coordination—
CONTRACTOR's responsibility ....................
6.9.2
Copies of Documents,,,,,,,,,,,,,,,,,,,,, ..........................
2.2
Correction Period..................................................13.12
Correction, Removal or Acceptance
of Defective Work--
in general ............................ 10.4.1,
13.10-13.14
Acceptance ofDefective Work ..........................1.3.13
Correction or Removal of
Defective Work
..6.30, 13.11
Correction Period ........
.........................
...........i3.12
OWNER May Correct Defective Work ..............
J3.14
OWNER May Stop Work.................................13.10
Cost --
of Tests and Inspections .........................
.13.4
Recordsll.7
Cost of the Work --
Bonds and insurance, additional ...................11.4.5.9
Cash Discounts.. ......
iscounts........ .....................
11.4.2
CONTRACTORSs Fee
......1 1.6
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
Iicense fees,,,,,,,,,,,,,,,
.,11.4.5.5
Site office and temporary facilities................j
1.4.5.2
Special Consultants, CONTRACTOR'S............
J 1.4.4
Supplemental ................................................
11.4.5
Taxes related to the Work1.1.4.5.4
Tests and Inspection,,.,... ...................................
13.4
Trade Discounts ................................,,,
11.4.2
Utilities, fuel and sanitary facilities.............j1.4.5.7
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--
AcceptanceOf.....................................10.4.1,
13.13
E1CDC 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................................................4...............
I
Delays........4.4.......................... 4.1, 6.29, 12.3-12.4
Delivery of Bonds..........................................4......4...2.1
Delivery of certificates of insurance........ 4...................2.7
rices......................
Determinations for Unit Prices.... ......... ** .......
9.10
Differing Subsurface or Physical Conditions--
Noticeof.........................................................4.2.3
ENGINEER's Review ........................ ...........4.2.4
...
Possible Contract Documents Change ..............
4.2.5
Possible Price and Times Adjustments, ............
4.2.6
Discrepancies -Reporting
and Resolving ........... 4....................2.5, 3.3.2,
6.14.2
Dispute Resolution --
Agreement .............. ........... . ....................
..16.1-16.6
Arbitration................................................16.1-16.5
generall6
Mediation..................................................
.. ....16.6
Dispute Resolution Agreement_ ......................16.1-16.6
Disputes, Decisions by ENGINEER ..................
9.11-9.12
Documents --
Copiesof...........................................................2.2
Record 6.19
Reuseof. 4 ... 4 ........ .......... 4_4 ..............................
3.7
Drawings --definition of..........................................1.15
Easements.............................................................4.1
Effective date of Agreement --definition of ............
41416
Emergencies...........................................................6.23
ENGINEER --
as initial interpreter on disputes.... ..... 4.......
9.11-9.12
definition of.................................4..........4....4..1.17
Limitations on authority and responsibilities ..... 9.13
Replacement of,..... ... 4.4 ............... 4 ..... 4 .... 4
..... _.J.2
Resident Project Representative.. ............ 4
............ 9.3
ENGINEERS Consultant -- definition of .........
4........ 1418
ENGINEERS --
authority and responsibility, limitations or)........9.13
Authorized Variations in the Work.....................945
Change Orders, responsibility for....... 9.7, 10, 11, 12
Clarifications and Interpretations... ...........
43.6.3,9.4
Decisions on Disputes ..... 4.4........ 4.4............
.11-9.12
defective Work, notice of...•..............................13.1
Evaluation of Substitute Items ..........................fi.7.3
Liability...........................4............4..........6.32,
9.12
Notice Work is Acceptable..............................14.13
Observations.................................4.........6.30.2,
9.2
tx
OWNERS 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 oq.................9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions.............................4.2.4
Shop Drawings and Samples, review
responsibility ..............................................
j6.26
Status During Construction --
authorized variations in the Work..................9.5
Clarifications and Interpretations ..................9.4
Decisions on Disputes .........................
9.11-9.12
Determinations on Unit Price ......................9.10
ENGINEER as Initial Interpretek..........
.11-9.12
ENGINEERs Responsibilities ................9.1-9.12
Limitations on ENGINEERS 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........................................I........9.2
Unit Price determinations.................................9.10
Visits to Site.......................................................9.2
Written consent required ..............................
?•2, 9.1
Equipment, Labor, Materials and ........................
6.3-6.5
Equipment rental, Cost of the Work ..................
11.4.5.3
Equivalent Materials and Equipment .........................0.7
error or omissions..................................................0.33
Evidence of Financial Arrangements .......................8.11
Explorations of physical conditions .......................
4.2.1
Fee, CONTRACTOR's--Costs Plus ...........................11.6
Field Order --
definition of ........................•.......
l 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 allovances...............................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 ............................
.22
Hazardous Waste --
definition of.....................................................1.21
general.............................................................
4.5
OWNERS responsibility for...............................8.10
EICDCGENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Indemnification 6.12, 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,,,,,,,,,,,,,,,,,, ,,,,,,8.7, 13.3-13.4
Insurance --
Acceptance of, by OWNER ................... *.......
. 5.14
Additional, required by changes
in the Work............................................11.4.5.9
Before starting the Work ................................
2.7
Bonds and --in general
Cancellation Provisions ...............................
5.8
Certificates of ................... 2.7, 5, 5.3, 5.4.11,
5.4.13,
........................5.6.5, 5.8, 5.14, 9.13.4,
14.12
completed operations ..................................
.5.4.13
CONTRACTOR's Liability ..................................5.4
CONTRACTOR's objection to coverage .............
5.14
Contractual Liability ...............................
5.4.10
deductible amounts, CONTRACTOR's
responsibility................................................
5.9
Final Application for Payment ..........................14.12
Licensed Insurers .................. ...........................
5.3
Notice requirements, material changes ........
5.8, 10.5
Option to Replace .............
5.14
other special insurances ...............................
5.10
OWNER as fiduciary for insureds ...........5.12-5.13
OWNER's Liability............................................5.5
OWNER's Responsibility ...................
,,_8.5
Partial Utilization, Property Insurance..............5.15
Property ................... .....................
5.6-5.10
Receipt and Application of Insurance
Proceeds ..............................................
5.12-5.13
Special Insurance .............................................
5.10
Waiver of Rights,,,,,,,,,,,,,,,,,,,
5.11
Intent of Contract Documents ..............................
Interpretations and Clarifications .....................3.6.3,
9.4
Investigations of physical conditions ..........................4.2
Labor, Materials and Equipment ................ ..........
h.3-6.5
Lands --
and Easements ............................... .
8.4
Availability of.............................................4.1,
8.4
Reports and Tests .............................. .................
8.4
Laws and Regulations --Laws or Regulations--
Bonds.... ............. ........... ......... ............ ........
5.1-5.2
Changes in the Work........................................10.4
Contract Documents, ..........................................
3.1
CONTRACTOR's Responsibilities
0.14
Correction Period, defective Work ........ .............
13.12
Cost of the Work, taxes ................ *...,,,,....
11.4.5.4
definition of ................................................
.....1.22
general6. l4
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 ............... ......... .............
0.16
Visits to Site, .........................9.2
.............................
Liability Insurance--
CONTRACTORs...............................................
5.4
OWNERs...........................................................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 .................................
Maintenance and Operating Manuals --
Final Application for Payment ........................
1.4.12
Manuals (of others)--
Precedence ...................................................
3.3.3.1
Reference to in Contract Documents,,,,,,,,,,,,,,,,,
3.3.1
Materials and equipment --
furnished by CONTRACTOR...............................6.3
not incorporated in Work...................................14.2
Materials or equipment --equivalent.. ..... *...................0.7
Mediation (Optional)..............................................16.7
Milestones --definition of ....................................
1.24
Miscellaneous --
Computation of Times .... ......... *............
17.2
Cumulative Remedies,,,,,,,,,,,,,,,,,,,,,,,,,
17.4
Giving Notice....................................................17.1
Notice of Claim ..................................................
17.3
Professional Fees and Court Costs Included,,,,,...
17.5
Multi -prime contracts ......... ........ *.......................
.
Not Shown or Indicated........................................4.3.2
Notice of --
Acceptability of Project .............................
....14.13
Award, definition of.........................................1.25
Claim............................................................17.3
Defects,13.1
Differing Subsurface or Physical Conditions....,,
4.2.3
Giving............................................................1.7.1
Tests and Inspections ............................
13.3
Variation, Shop Drawing and Sample
......0.27
Notice to Proceed --
definition of .....................................................
1.26
givingof ....................... ......................................
2.3
E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Notification to Surety..............................................10.5
Observations, by ENGINEER...........................6.30,
9.2
Occupancy of the Work ...................
5.15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR...............6.9, 9.13
Open Peril policy form, Insurance ..........................5.6.2
Option to Replace ......................................
I ............. .14
Article or Paragraph
Number
"Or Equal" Items......................................................6.7
Other work 7
Overtime Work --prohibition of .................................
6.3
OWNER --
Acceptance ofdefective Work ..........................13.13
appoint an ENGINEER......................................8.2
as fiduciary .............................. ................5.12-5.13
Availability of Lands, responsibility .....................4.1
definition of.....................................................1.27
data, furnish......................................................8
3
May Correct Defective Work...........................13.14
May refuse to make payment.............................14.7
May Stop the Work.........................................13.10
May Suspend Work,
Terminate............................$.8, 13.10,
15.1-15.4
Payment, make prompt. .................... 83, 14.4,
14.13
performance of other work .................................
7.1
permits and licenses, requirements ....................0.13
purchased insurance requirements ..............
5.6-5.10
OWNERS --
Acceptance of the Work..............................6.30.2.5
Change Orders, obligation to execute..........
8.6, 10.4
Communications................................................
8.1
Coordination of the Work ...................................
7.4
Disputes, request for decision ...........................
El l
Inspections, tests and approvals..................8.7,
13.4
Liability Insurance .............................................
5.5
Notice of Defects..............................................13.1
Representative --During Construction,
ENGINEERS Status......................................9.1
Responsibilities—
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material................8.10
Change Orders..............................................8.6
Changes in the Work...................................10.1
communications............................................8.1
CONTRACTORS responsibilities ..................
8.9
evidence of financial arrangements..............8.1
I
inspections, tests and approvals .....................8.7
insurance......................................................
8.5
lands and easements.....................................8.4
prompt payment by........................................8.3
replacement of ENGINEER ...........................
$.2
reports and tests............................................8.4
stop or suspend Work..................8.8,
13.10, 15.1
terminate CONTRACTORs
services..........................................8.8,
15.2
separate representative at site .............................
9.3
Xi
testing, independent.........................................13.4
use or occupancy
of the Work ......................... 5.15, 6.30.2.4, 14.10
written consent or approval
required.........................................9.1, 6.3, 11.4
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ,.,
Article or Paragraph
Number
written notice required .........................7,1, 9.4, 9.11,
....................................11.2, 11.9, 14.7, 15.4
PCBs --
definitionof..,,,,...,,•...................................
general..............................................................4.5
OWNER's responsibility for ................................
8.10
Partial Utilization --
definitionof . .. ..................................................1.28
general6.30.2.4, 14.10
Property Insurance
..........., 5.15
Patent Fees and Royalties .......................................
6.12
Payment Bonds...................................................5.1-5.2
Payments, Recommendation of..............14.4-14.7,
14.13
Payments to CONTRACTOR and Completion
--
Application for ProgressPayments.....•_.....•••..._...14.2
CONTRACTOR's Warranty of Title ...................
14.3
Final Application for Payment ..........................
Final Inspection ..............................................
14.11
Final Payment and Acceptance................
14.13-14.14
general.........................................................$.3,
14
Partial Utilization _..........-•,•...14.10
..........................
Retainage..........................................................14.2
Review of Applications for
Progress Payments...............................14.4-14.7
prompt payment ..............................
....................8.3
Schedule of Values .......................................
.
14.1
Substantial Completion ........................
....... 14.8-14.9
Waiver of Claims................................
.............14.15
when payments due ................................
14.4, 14.13
withholding payment.........................................14.7
Performance Bonds ............................................
5.1-5.2
Permits
6 13
Petroleum --
definition of ......................................................
1.30
general..............................................................4.5
OWNER's responsibility for ................................
.............
Physical Conditions --
Drawings of, in or relating to ....................
4.2.1.2
ENGINEER's review ........................................
4.2.4
existing structures............................................4.2.2
general 4.2.1.2 ..............................
Notice of Differing Subsurface or.......................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........................................................
4.3
Not Shown or Indicated.............................4.3.2
Protection of ........
................................
4.3, 6.20
xii
Article or Paragraph
Number
Shown or Indicated
............... 4.3.1
Technical Data...............................................4.2.2
Preconstruction Conference
......................................
2_8
Preliminary Matters
2
Preliminary Schedules ..............................................
2.6
Premises, Use of .......................
...................
6.16-6.18
Price, Change of Contract
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
of
Project --definition .....
..........................
Project Representative—
.................1.31
ENGINEER's Status During Constructioq,...........9.3
Project Representative, Resident --definition of ......... 1.33
prompt payment by OWNER ......................................
8.3
Property Insurance --
Additional.........................................................5.7
general5.6-5.10
Partial Utilization ....••.....................5.15,
14.10.2
receipt and application of proceeds.............
5.12-5.13
Protection, Safety and .........................
6.20-6.21, 13.2
Punch list
Radioactive Material--
defintion of
general4.5
OWNER's responsibility for..,......*....................8.10
Recommendation of Payment ................. 14.4, 14.5, 14.13
Record Documents ........................................
6.19, 14.12
Records, procedures for maintaining,,,,,,,,,,,,,,,
.......... 7,8
Reference Points ....................
4.4
..... ...............................
Reference to Standards and Specifications
of Technical Societies.........................................3.3
Regulations, Laws and(or)......................................
6.14
Rejecting Defective Work ................ ..................
.
9.6
Related Work --
atSite........................................................7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review ......................
6.28
Remedies, cumulative ......................
17.4, 17.5
Removal or Correction ofDefective Work.................
13.11
rental agreements, OWNER approval required
..... 11.4.5.3
replacement of ENGINEER, by OWNER ....................
8.2
Reporting and Resolving
Discrepancies.................................2.5,
3.3.2, 6.14.2
Reports --
and Drawings ..................................................
.............................. ...................
4.2.1
and Tests, OWNER's responsibility ......................8A
Resident and Project Representative --
definition of
provisionfor............................................................ 9.3
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 .............................................
Retainage ...........................................................
.1.4.2
Reuse of Documents, ................................................
3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal ..........................6•25
Review of Applications for
Progress Payments ....................................
14.4-14.7
Right to an adjustment...........................................10.2
Rightsof Way..........................................................4.1
Royalties, Patent Fees and......................................6.12
Safe Structural Loading..........................................0.18
Safety --
and Protection................................4.3.2,
6.16, 6.18,
6.20-6.21, 7.2, 13.2
general ........................ .............................
6.20-6.23
Representative, CONTRACTOR's.......................0.21
Samples --
definition of.....................................................1.34
general.....................................................6.24-6.28
Review by CONTRACTOR ...............................
6.25
Review by ENGINEER..............................6.26,
6.27
related Work ............................... ......................
6.28
.. .
submittal of....................................................6.24.2
submittal procedures.........................................6.25
Schedule of progress.............................2.6,
2.8-2.9, 6.6,
......6.29,
10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals.....................I........2.6,
2.8-2.9, 6.24-6.28
Schedule of Values..............................2.6,
2.8-2.9, 14.1
Schedules --
Adherence to..................................................15.2.1
Adjusting..........................................................4.6
Change of Contract Times.................................10.4
Initially Acceptable .............................
I........ 2.8, 2.9
Preliminary........................................................2..6
Scope of Changes......................................10.3-10.4
Subsurface Conditions........................................4.2.1.1
Shop Drawings --
and Samples, general ................................
6.24-6.28
Change Orders & Applications for
Payments, and.........................................9.7-9.9
definition of......................................................1.35
ENGINEER's approval of ................................
3.6.2
ENGINEER's responsibility
for review .....................................
9.7, 6.24-6.28
related Work.....................................................6.28
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......................................................0.17
Site, Visits to --
by ENGINEER ..........................................
9.2, 13.2
by others ....................
......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......................................................2.4
Stop or Suspend Work --
by CONTRACTOR...........................................15.5
by OWNER .....................................
8.8, 13.10, 15.1
Storage of materials and equipment ....................
4.1, 7.2
Structural Loading, Safety........................................6.18
Subcontractor --
Concerning . ...............................................
6.8-6.11
definition of.....................................................1.37
delays.............................................................12.3
waiver of rights................................................6.11
Subcontractors --in general.................................6.8-6.11
Subcontracts --required 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
ShopDrawings ........................................ .......................
Substantial Completion --
certification of............................4.30.2.3,
14.8-14.9
definition of ...........................
38
Substitute Construction Methods or Procedures ........ 6.7.2
Substitutes and "Or Equal" Items...............................6.7
CONTRACTOR's Expensq............................6.7.1.3
ENGINEER's Evaluation.................................6.7.3
"Or -Equal" ...........................
.....I...........6.7.1. l
Substitute Construction Methods
r.
xiu EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) -
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
i
Article or Paragraph
Number
or Procedures.............................................6.7.2
Substitute Items'........................................6.7.1.2
Subsurface and Physical Conditions--
Drawings of, in or relatng to ........................
4.2.1.2
ENGINEER's Review ......................................
4.2.4
general.............................................................
.4.2
Limited Reliance by CONTRACTOR
Authorized.,- ..................4.2.2
............................
Notice of Differing Subsurface or
Physical Conditions ...............................
........._ 4.2.3
Physical Conditions.......................................4.2.1.2
Possible Contract Documents Change ..............
4.2.5
Possible Price 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 ..........................6.1
OWNER shall not supervise„ ...............
8.9
ENGINEER shall not supervise ................
9.2, 9.132
Superintendence ........................... ..................
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 Documents ..................
3.6
Supplier --
definition of.....................................................1.407
principal references to ........... 3., 6.5, 6.8-6.11,
6.20,
..........................................0.24, 9.13, 14.12
Waiver of Rights...............................................6.11
Surety --
consent to final payment ....................
14.12, 14.14
ENGINEER has no duty to....... ...............
......._..9.13
Notification of ......................... .10.1,
10.5, 15.2
qualification of.. ...........5.1-5.3
Survival of Obligations_ .................. ....................6.34
Suspend Work, OWNER May ...................
13.10, 15.1
Suspension of Work and Termination-- ..............
15
CONTRACTOR May Stop Work
or Terminate ...............................
15.5
OWNER May Suspend Work ..................
15.1
OWNER May Terminate....... .......................
15.2-15.4
Taxes --Payment by CONTRACTOR ....................
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
xiv
Temporary construction facilities ......... 4.1
Article or Paragraph
Number
Termination --
by CONTRACTOR .....................................15.5
by OWNER........................................8.8,
15.1-15.4
of ENGINEER's employment ...............
8.2
Suspension of Work-in general .............................15
Terms and Adjectives..............................................3.4
Tests and Inspections --
Access to the Work, by others .......................
CONTRACTOR's responsibilities ...............
.13.2
13.5
cost of 13.4
covering Work prior to ...................
.13.6-13.7
Laws and Regulations (or) ....................
13.5
Notice of Defects ................
13.1
OWNER May Stop Work ................. ................
13.10
OWNER's independent testing ...................
13.4
special, required by ENGINEER ............
*............. 9.6
timely notice required,,,,,,,,,,,,,,,
Uncovering the Work, at ENGINEER's
request.................................................13.8-13.9
Times --
Adjusting...........................................................6.6
Change of Contract.............................................12
Computation of
172
Contract Times --definition of ........................
1.12
day.........................................................1.7.2.2
Milestones .............................................
12
Requirements--
appeals.................................................9.10,
16
clarifications,
claims and disputes..................9.11,
11.2, 12
Commencement of Contract Times,,,,,,,,,,,,,,,,
2.3
Preconstruction Conference.,,,,,...,
schedules.........................................2.6,
.........
2.9, 6.6
Starting the W............................
2.4
Title, Warranty of ...................................................
14.3
Uncovering Work .............. ............... ................
13.8-13.9
Underground Facilities, Physical Conditions--
definition of
Not Shown or Indicated .................................
.. 4.3.2
protection of .............4.3,
.................................
6.20
Shown or Indicated ....................................,,
Unit Price Work--
.,..4.3.1
claims.........................................................1.1.9.3
definition .....................
of ......................
..........
1.42
general11.9, 14.1, 14.5
Unit Prices --
general 11.3.1
Determination for ........................ I...................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
EJCDC GENERAL CONDITIONS 19I0-8 (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 partiq..................5.11,
6.11
Warranty and Guarantee, General --by
CONTRACTOR................................................6.30
Warranty of Title, CONTRACTOR's.......................14.3
—
Work --
Access to..........................................................13.2
by others ................................
7
Changes in the....................................................10
Continuing the..................................................6.29
CONTRACTOR May Stop Work
or Terminate...............................................15.5
Coordination of...................................................7.4
Cost of the ................ .................................
11.4-11.5
definition of......................................................1.43
—
neglected by CONTRACTOR...........................13.14
otherWork............................................................7
OWNER May Stop Work.................................13.10
OWNER May Suspend Work ...................13.10,
15.1 `—
Related, Work at Site ........... .........................
7.1-7.3
Starting the........................................................2.4
Stopping by CONTRACTOR.............................15.5
_
Stopping by OWNER.................................15.1-15.4
Variation and deviation authorized, minoC........... 3.6
Work Change Directive --
claims pursuant to.............................................10.2
_
definition of......................................................1.44
principal references to......................3.5.3,
10.1-10.2
Written Amendment--
_
definition of.....................................................1.45
principal references to...............1.10,
3.5, 5.10,15.12,
.........................6.6.2, 6.8.2,
6.19, 10.1, 10.4,
11.2, 12.1, 13.12.2, 14.7.2 —
Written Clarifications and
Interpretations . ....................... :..........
3.6.3, 9.4, 9.11
Written Notice Required --
V
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 EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION) -
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
(This page left blank intentionally)
zvi E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
clarifications considered necessary in response to such questions will be
issued only by Addenda. Questions received less than seven days prior to
the date for opening of the Bids may not be answered. Only questions
answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
5.2. All questions concerning the scope of this project should be directed
to the Engineer. Questions regarding submittal of bids should be directed
to the City of Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the
OWNER as having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in
the amount stated in the Invitation to Bid. The required security must be
in the form of a certified or bank cashier's check payable to OWNER or a
Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a
surety meeting the requirements of the General Conditions for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until such
Bidder has executed the Agreement and furnished the required contract
security, whereupon Bid Security will be returned. If the successful
Bidder fails to execute and deliver the Agreement and furnish the required
contract security within 15 days of the Notice of Award, OWNER may annul
the Notice of Award and the Bid Security of that Bidder will be forfeited.
The Bid Security of other Bidders whom OWNER believes to have reasonable
chance receiving the award may be retained by OWNER until the earlier of
the seventh day after the effective date of the Agreement or the thirty-
first day after the Bid Opening, whereupon Bid Security furnished by such
Bidders will be returned. Bid Security with Bids which are not competitive
will be returned within seven days after the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be
substantially complete and also completed and ready for Final Payment (the
Contract Times) are set forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment
described on the Drawings or specified in the Specifications without
12/03 Section 00100 Page 3
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 he 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 furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in the Contract Documents. Shop drawings are not
Drawings as so defined.
1.16. Effective Date of the Agreement —The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
1.17. ENGINEER --The person, firm or corporation
named as such in the Agreement.
1.18. ENGINEER's Consultant --A person, firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions.
1.19. Field Order —A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which does not involve
a change in the Contract Price or the Contract Times.
1.20. General Requirements —Sections of Division 1 of
the Specifications.
1.21. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time.
1.22.a. Laws and Regulations; Laws or Regulations --Any
and all applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction.
1 22 b Le at Holidays— hall be those holidays observed
by the City of Fort Collins.
1.23. Liens —Liens, charges, security interests or
encumbrances upon real property or personal property.
1.24. Milestone --A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work.
1.25. Notice 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 'dateon 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, first 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)
2 wt 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 Workiniz Hours --Regular working hours
are defined as T00am to 6:00pm unless otherwise
specified in the General Requirements.
1.33, Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof.
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
ENGINEERS definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGINEERS 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
materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis
of unit prices.
1.43. Work --The entire completed construction or the
various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work includes
and is the result of performing or furnishing labor and
furnishing and incorporating materials and equipment into
the construction, and performing or furnishing services and
furnishing documents, all as required by the Contract
Documents.
1.44. Work Change Directive —A written directive to
CONTRACTOR, issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in paragraph 4.2 or 4.3 or to
emergencies under paragraph 6.23. A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45. Written Amendment --A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
ARTICLE 2—PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of reproduction.
Commencement of Contract Times, Notice to Proceed.•
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement. ^ 116 eyent will the Gentmet Times
as the gFe,... e 4.• h aate is ,•
en
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 tun.
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 ^ 3-R shall each deliver to the
edier OWNER with copies to eaeh additional insured
identified :_ the o....._,,.me..tafy Genditc___ ENGINEER,
certificates of insurance (and other evidence of insurance
msenably--request mquested by OWNER) which
CONTRACTORand OWNER respeefisviy a is required
to purchase and maintain in accordance with
paragraphs 5.4. 6 and S. .
Preconstruction Conference:
2.8. Within twenty days after the Contract Times start to
nun, 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, at least ton days befer-e submissien of the firs
before any work at the site begins,
a conference attended by CONTRACTOR ENGINEER
and others as apprepr3ate 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
FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be furnished and
performed whether or not specifically called for. When
words or phrases which have a well-known technical or
construction industry or trade meaning are used to
describe Work, materials or equipment, such words or
phrases shall be interpreted in accordance with that
meaning. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
paragraph 9.4.
3.3. Reference to Standards and Specifications of
Technical Societies; Reporting and Resolving
Discrepancies:
3.3.1. Reference to standards, specifications,
manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the latest
standard, specification, manual, code or Laws or
Regulations in effect at the time of opening of Bids (or,
on the Effective Date of the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Documents.
3.3.2. If, during the performance of the Work,
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the performance of the Work or of any
such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in
writing at once, and, CONTRACTOR shall not
proceed with the Work affected thereby (except in an
emergency as authorized by paragraph 6.23) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
3.3.3.2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their subcontractors, consultants,
agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to OWNER,
ENGINEER or any of ENGINEER's Consultants, agents or
employees any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
3.4. Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction, review or judgment will be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the terms and conditions thereof in one or
more of the following ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4),
or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 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 funush, 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. Usen reasonable
of or filing a free a lien h 1
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 II and 12.
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.2. Subsurface and Physical Conditions:
4.2.1. Reports and Drawings: Reference is made to
the Supplementary Conditions for identification of
4.2.1.1. Subsurface Conditions: Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents;
and
4.2.1.2. Physical Conditions: Those drawings of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents.
4.2.2. Limited Reliance by CONTRACTOR Authorized;
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
indicated in the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the Contract
Documents; then
CONTRACTOR shall, prew4�dy immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph 6.23), notify OWNER and
ENGINEER in writing about such condition.
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so.
4.2.4. ENGTNEER's Review: ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNER'S obtaining additional exploration or
tests with respect thereto and advise OWNER in writing
(with a copy to CONTRACTOR) of ENGINEER's
findings and conclusions.
4.2.5. Possible Contract Documents Change: If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4.2.3, a Work
Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of such change.
4.2.2.1. the completeness of such reports and 4.2.6. Possible Price and Times Adjustments: An
drawings for CONTRACTOR's purposes, equitable adjustment in the Contract Price or in the
including, but not limited to, any aspects of the Contract Times, or both, will be allowed to the extent that
means, methods, techniques, sequences and the existence of such uncovered or revealed condition
procedures of construction to be employed by causes an increase or decrease in CONTRACTORS cost
CONTRACTOR and safety precautions and of, or time required for performance of, the Work; subject,
programs incident thereto, or however, to the following:
4.2.2.2. other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data, interpretations, opinions or
information.
4.2.3. Notice of Differing Subsurface or Physical
Conditions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either.
4.2.3.1. is of such a nature as to establish that
any "technical data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4.2.2 is materially inaccurate, or
4.2.3.2. is of such a nature as to require a
change in the Contract Documents, or
4.2.3.3. differs materially from that shown or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4.2.3.1 through 4.2.3.4,inclusive;
4.2.6.2. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for
on a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if,
4.2.6.4.1. CONTRACTOR knewof
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
submission of a bid or becoming bound
under a negotiated contract; or
4.2.6.4.2. the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination, investigation, exploration,
test or study of the site and contiguous
areas required by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTORS making such final
commitment; or
4.2.6.4.3. CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in
Articles I 1 and 12. However, OWNER, ENGINEER and
ENGINEERS Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project.
4.3. Physical Conditions —Underground Facilities:
4.3.1. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others. Unless it is
otherwise expressly provided in the Supplementary
Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and
4.3.1.2. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for: (i) reviewing and
checking all such information and data, (ii) locating
all Underground Facilities shown or indicated in the
Contract Documents,(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
protection of all such Underground Facilities as
provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shown or Indicated: If an Underground
Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the
Contract Documents, CONTRACTOR shall, pretnpt!
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Work in connection therewith (except
in an emergency as required by paragraph6.23),
identify the owner of such Underground Facility and
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
give written notice to that owner and to OWNER and
ENGINEER. ENGINEER will promptly review the
Underground Facility and determine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility. If
ENGINEER concludes that a change in the Contract
Documents is required, a Work Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences. During
such time, CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facility as provided in paragraph 6.20.
CONTRACTOR shall may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated. If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12. However,
OWNER, ENGINEER and ENGINEERS
Consultants shall not be liable to CONTRACTOR for
any claims, costs, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
Reference Points:
4.4. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEERS judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER. CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material.
4.5.1. OWNER shall be responsible for any
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial danger to persons or
property exposed thereto in connection with the Work
at the site. OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR, Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsible.
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EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
ARTICLE 5—BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also famish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff, Bureau of
Government Financial Operations, U.S. Treasury
Department. All Bonds signed by an agent must be
accompanied by a certified copy of such agents authority
to act.
5.2. If the surety on any Bond 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. A `WEE shall
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 CONTRACTOWs other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or furnish
any of the Work, or by anyone for whose acts any of them
may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
5.4.3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.4.5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use
resulting therefrom; and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of
the ownership, maintenance or use of any motor
vehicle.
The policies of insurance so required by this paragraph 5.4
to be purchased and maintained shall:
5.4.7. with respect to insurance required by
paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9,
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional insureds;
5.4.8. include the specific coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
5.4.9. include completed operations insurance;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
5.4.10. include contractual liability insurance
covering CONTRACTOR's indemnity obligations
under paragraphs 6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days'
prior written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so
provide);
5.4.12. remain in effect at least until final payment
and at all times thereafter 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
OWNEWs expense OWNER's own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents.
Property Insurance: