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Home My WebLink About180828 COLORADO BORING - CONTRACT - BID - 5802 ATMS COMMUNICATIONS SYSTEM 2SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ATMS COMMUNICATIONS SYSTEM PHASE 2 CONTRACT MODIFICATION ORDER BID NO.5802 BID OPENING: PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS JUNE 30, 2004 - 3:00 P.M. (OUR CLOCK) SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615Payment Bond 00630Certificate of Insurance 00635 Certificate of Substantial Completion 00640Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660Consent of Surety 00670 Application for Exemption Certificate entire work force under the registered program. Any worker listed on a payroll at an -" apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on — the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other — than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance — with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of — the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. — (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed _ pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be — greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a — trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In — addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. — (Ili) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 1 1 246, as amended, and 29 CFR part 30. 12 (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C. 827 -333 (1995) 29 C.F.R. 5 (1995) 29 C.F.R. 1926 (1995) Pursuant to Section 102 (Overtime): (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and 13 subcontractor shall be liable to the United States for liquidated damages. Such liquidated — damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $ 10 for each calendar day on which such individual was required or — permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The City of Fort Collins shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work — performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, _ such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. — (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any — subcontractor or lower tier subcontractor with the clauses set forth in this section. (5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or _ development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash _ equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been — communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the _ registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. _ Section 107 (OSHA): Contract Work Hours and Safety Standards Act (i) The Contractor agrees to comply with section 107 of the Contract t Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. 14 (ii) Subcontracts - The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor' if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. COPELAND ANTI -KICKBACK ACT 40 U.S.C. 276c (1995) 29 C.F.R.. 3 (1995) 29 C.F.R. 5(1995) 3.1 of the Copeland Act makes it clear that the purpose of the Act is to assist in "the enforcement of the minimum wage provisions of the Davis- Bacon Act." In keeping with this intent DOL has included a section on the Copeland Act in the mandatory language of the Davis -Bacon provisions. The language can be found at.5.5(a)(5) of the Davis -Bacon model clauses and reads as follows: NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if 15 it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or — certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. — (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a — contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to — the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION 49 U.S.C.Part 18 FTA Circular 4220.1 D a. Termination for Convenience (General Provision) The City of Fort Collins may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out -. costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Fort Collins, the _ Contractor will account for the same, and dispose of it in the manner the City of Fort Collins directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Fort Collins may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services — performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Fort Collins that the Contractor had an excusable reason for not — performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Fort Collins, after setting up a new delivery of performance schedule, may allow _ the Contractor to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to the City of Fort Collins' satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by Contractor or — written notice from the City of Fort Collins setting forth the nature of said breach or default, the City of Fort Collins shall have the right to terminate the Contract without any further obligation to 16 -� Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. 18.34 and 49 C.F.R. 19.36, the Federal Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)I and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. 23 (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause , provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status i.e. , a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, 'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - This following requirements apply to each contract involving experimental, developmental, or research work: (1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, 'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23 DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the 24 maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, all grantees and vendors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that the DBE have the maximum opportunity and shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. Disadvantaged Business Enterprise Provision 1. The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to match projected procurements with available qualified disadvantaged businesses. the City of Fort Collins goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by the City of Fort Collins as set forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from this request for proposal. If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBE's in the work provided, the City of Fort Collins may declare the Contractor noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that no specific goal is assigned to this contract. (a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum opportunity to participate in the performance of Contract financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply to this Contract. The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds provided under this Agreement. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with the regulations to ensure that DBEs have the maximum opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in the award and performance of subcontracts. It is further the policy of the City of Fort Collins to promote the development and increase the participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of the City of Fort Collins procurement activities are encouraged. (b) DBE obligation - The Contractor and its subcontractors agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under the Agreement. In that regard, all Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. 25 (c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to involve DBE's in the work provided, the City of Fort Collins may declare the contractor noncompliant and in breach of contract. (d) The Contractor will keep records and documents for a reasonable time following performance of this contract to indicate compliance with the City of Fort Collins DBE program. These records and documents will be made available at reasonable times and places for inspection by any authorized representative of the City of Fort Collins and will be submitted to the City of Fort Collins upon request. (e) the City of Fort Collins will provide affirmative assistance as may be reasonable and necessary to assist the prime contractor in implementing their programs for DBE participation. The assistance may include the following upon request: ` Identification of qualified DBE " Available listing of Minority Assistance Agencies " Holding bid conferences to emphasize requirements 2. DBE Program Definitions, as used in the contract: (a) Disadvantaged business "means a small business concern": i. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ii. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. or iii. Which is at least 51 percent owned by one or more women individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one or more women individuals; and iv. Whose management and daily business operations are controlled by one or _ more women individuals who own it. (b) "Small business concern" means a small business as defined by Section 3 of the Small Business Act and Appendix B - (Section 106(c)) Determinations of Business Size. (c) "Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully admitted permanent residents) and who are black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, or women, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. i. "Black Americans", which includes persons having origins in any of the Black racial groups of Africa; ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas; v. "Asian -Indian Americans", which includes persons whose origins are from India, Pakistan, and Bangladesh. INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. PROHIBITED INTEREST No employee, officer, or agent of the grantee shall participate in selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such conflict would arise when: The employee, officer or agent; any member of his immediate family; his or her partner; or an organization which employs, or is about to employ, has a financial or other interest in the firm selected for award. The grantee's officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of subagreements. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.ID Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any the City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. 27 J J J J J F A A A SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Bond No. tft aj qc, Q� (Firm) Cp4 f '(�1ot ✓�`� � t, (Address) icy 1b � t�Y1b C� OJo)� (an Individual), (a Partnership), a orpo4ation , hereinafter referred to as the "Principal" and CVm�0.nik (Firm) (Address)QA w oo,V L 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 �jeyct)in lawful money of the United States, for the a mend -of which sum well and truly to be made, we bind ourselves, successors and P Y 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 164-h day of 20oeo , a copy of which is hereto attached and made a part herf or the per ormance of The City of Fort Collins project, ATMS COMMUNICATIONS SYSTEM PHASE 2 - Contract Modification Order; BID NO. 5802. 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 -Do ylP- Section 00610 Page 1 Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S. C. 53236)(1) — The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 CFR Part 661. Date Signature Company Name Title 28 Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA-fuded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Non -Compliance with 49 U.S.C. 5323U)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1), but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7. Date Signature Company Name Title 29 Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: — (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts — under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 _ for each such failure. [Note: Pursuant to 31 U.S.C. 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Date Name and Title of Contractor's Authorized Official We June 18, 2004 U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO GENERAL DECISION NUMBERS C0030014 AND C0030015 HIGHWAY CONSTRUCTION NOTICE This is a standard special provision that revises or modifies CDOT's Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT's Project Development Branch with formal instructions for its use on CDOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on CDOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions, unless such use is first approved by the Standards and Specification Unit of the Project Development Branch. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk. Instructions for use on CDOT construction projects: Use this standard special provision on all federal -aid projects with contracts exceeding $2000, except for projects on roadways classified as local roads or rural minor collectors, which are exempt. -I- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 06-18-04 — GENERAL DECISION NUMBERS C0030014 AND C0030015, TTTTTTT I A lT�l1XIOC nTT�Tl XT 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 MOD 5 05-14-04 Pages 1, 5 5 fringe benefits shall apply throughout the project. MOD 6 06-18-04 Pages 1,2,5,E 1 6 General Decision No. C0030014 applies to the following counties: Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld counties. General Decision No. C0030014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification 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) 24.74 8.44 5 Electricians (Adams, Arapahoe, Boulder, Denver, Douglas, 28.91 9.51 6 1202 Jefferson, Larimer, and Weld counties) 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 20.27 6.72 6 1301 Bituminous or Asphalt Spreader/Laydown Machine 20.27 6.72 6 1302 Bulldozer 20.27 6.72 6 Crane: 1305 50 tons and under 20.42 6.72 6 1306 51 to 90 tons 20.57 6.72 6 1307 91 to 140 tons 20.72 6.72 6 1308 141 tons and over 21.48 6.72 6 -2- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 06-18-04 GENERAL DECISION NUMBERS C0030014 AND C0030015, HIGHWAY CONSTRUCTION General Decision No. C0030014 The wage and fringe benefits listed below reflect collectively bargained rates. Code ClassiCcation Basic Hourly Fringe Beneflits Last Rate Mod POWER EQUIPMENT OPERATORS (cont.): Drill Operator: 1309 William MF/Watson 2500 only 20.57 6.72 6 Grader/Blade: 1310 Rough 20.27 6.72 6 1311 Finish 20.57 6.72 6 Loader: 6.72 6 1312 Barber Green, etc., 6 cubic yards and under 20.27 6.72 6 1313 Over 6 cubic yards 20.42 6.72 6 Mechanic and/or Welder (Includes heavy duty and combination mechanic and welder): 6.72 6 1314 Mechanic and/or Welder 20.42 6.72 6 1315 Mechanic/Welder (Heavy duty) 20.57 6.72 6 1316 Oiler 19.57 6.72 6 Power Broom: 6.72 6 1317 Under 70 HP 19.57 6.72 6 1318 70 HP and over 20.27 6.72 6 Roller: 6.72 6 1319 Self-propelled, rubber tires under 5 tons 19.92 6.72 6 1320 Self-propelled, all types over 5 tons 20.27 6.72 6 Scraper: 6.72 6 1321 Single bowl under 40 cubic yards 20.42 6.72 6 1322 Single bowl including pups 40 cubic yards and tandem bowls and over 20.57 6.72 6 1323 Trackhoe 20.42 6.72 6 1324 Water Truck 20.42 6.72 6 Laborers: 1400 Asphalt Laborer/Raker, Common Laborer, and Concrete Laborer/Mason Tender 16.29 4.25 -4- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 06-18-04 - GENERAL DECISION NUMBERS C0030014 AND C0030015, r irllIITIT A V !` XIQTDTTO'rM AT 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)(I)(ii)]. END OF GENERAL DECISION NUMBER C0030014. -5- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 06-18-04 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, 28.91 9.51 6 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, 25.75 7.32 5 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 20.27 6.72 6 3301 Bulldozer 20.27 6.72 6 Crane: 3302 50 tons and under 20.42 6.72 6 3303 51 to 90 tons 20.57 6.72 6 3304 91 to 140 tons 20.72 6.72 6 3305 141 tons and over 21.48 6.72 6 3306 Grade Checker 20.42 6.72 6 Loader: 6.72 6 3307 Barber Green, etc., 6 cubic yards and under 20.27 6.72 6 3308 Over 6 cubic yards 20.42 6.72 6 -6- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 06-18-04 - 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 19.92 6.72 6 3310 Self-propelled, all types over 5 tons 20.27 6.72 6 3311 Trackhoe 20.42 6.72 6 3312 Oiler 19.57 6.72 6 3313 Water Wagon 20.42 6.72 6 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 Striping -Paint Laborer (Pre -form layout and removal of 12.90 3.07 4003 pavement markings) 4004 Traffic Director/Flagger 9.42 3.21 Traffic/Sign Laborer (Sets up barricades and cones, 12.39 3.20 4005 and installs permanent signs) 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 06-18-04 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 Driver/Punch 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)(1)(ii)). END OF GENERAL DECISION NUMBER C0030015. 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 4j(- day of ,j (Ju 20A. IN PRESENCE OF: Princ' a I Of c; c{ o f 1 (1� Con, (Xn , �C (Titl ) I G;.A�'.P (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: By. IN PRESENCE OF: Surety �Ol��C�:C�o�;� �01n�iho CLn`tZnrSr�r�-n� B y : cwmn By Ji(, � y90 G r r n-.." :�d �' 1i4 'k4f�a (Address) y. ( Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. A7/96 Section 00610 Page 2 A ,,. -8- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 06-18-04 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 1 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts. OLORADO DEPARTMENT OF TRANSPORTATION "ERTIFICATION 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 bythe 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 flied a Standard Form 100 (EEO- 1), you cannot be awarded this contract. You may file a report covering the delinquent period for consideration by the Federal Highway Administration or the Director of the Office of Federal Contract Compliance, U.S. Department of Labor. The Standard Form 100 (EEO-1) may be requested from the: Joint Reporting Committee P.O. Box 779 Norfolk, VA 23501 (804) 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 O 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. :omp" ❑ bidder ❑ proposed subcontractor y: Title: Date: COLT VW M XMT 1LM COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT 11. List names of partnerships or joint ventures ❑ none I 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalifiication statement submitted to CDOT. (Attach additional sheets if necessary.) a. Key personnel changes ❑ none I b. Key equipment changes ❑ none c. Fiscal capability changes (legal actions, etc.) ❑ none d. Other changes that may effect the contractors ability to perform work. ❑ none I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND 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 2W Contractors firm or company name of Joint venture) By Date Title COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. ANTI -COLLUSION AFFIDAVIT LOCATION i hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with an/ other firm or person who Is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or . potential prima bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered Into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct Inconsistent with any of the statements and representations made in this affidavit. 8. 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of'bids for this Contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Contactors firm or canpany+^- 9y Oals Trle Ind eons "Get firm or Company name. (11 joint ventun.) 6y Date T'db Sworn to before me this day of, 19 Wary Public ly aomnia ion expires NOTE: This document must be signed in ink. 1OLORA00 DEPARTMENT OF TRANSPORTATION PROJECT NO. kSSIGNMENT OF ANTITRUST CLAIMS Contractor and Colorado Department of Transportation (COOT) 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 shalt 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 parry 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 noted 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. 1, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. CMPW "J". le"vr,umf coat Fo sftt tan? COLORADO DEPARTMENT OF TRANSPORTATION Project# DISADVANTAGED BUSINESS ENTERPRISE BID CONDITIONS ASSURANCE Location 1STRUCTIONS: ONTRACTOR - complete and submit this form with your bid POLICY It is the policy of the Colorado Department of Transportation that disadvantaged business enterprises have maximum opportunity to participate in the performance of contracts financed with federal, state or local entity funds INTENDED DBE PARTICIPATION 1) Will your company's intended DBE participation meet contract goals? 0 yes ❑ no 2) List your intended DBE participation. %of DBE participation 3) List the DBE firms you will use for your intended DBE Participation Name of firm(s) Certification expiration date Intended item(s) of work I understand that, if my company is determined to be the low bidder for the contract on this project, I must submit a completed CDOT Form #715 CERTIFICATION OF DBE PARTICIPATION to the Transportation Department by 4:00 pm the day after the bids are opened. In addition, if my company does not meet the intended contract goals, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before the above stated deadline. I understand my obligation to abide by the policy stated above. I shall not discriminate on the basis of race, color, age, sex, national origin, or handicap in the bidding process or the performance of contracts. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Company name Date Company officer signature Title COLORADO DEPARTMENT OF TRANSPORTATION f roiect# CERTIFICATE OF PROPOSED Location UNDERUTILIZED DBE PARTICIPATION Project code (SA#) Contractor:l. 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 I the contract goal specification for this project. Business Programs Office 3. Submit a separate CDOT Form #715 for each proposed DBE. 4201 E. Arkansas Ave. 4. Retain a photocopy for your records. Denver, Colorado 80222 FAX: (303) 757-9019 ,.. DBE Subcontractor information DBE Subcontractor name ❑ African American Certification # ,. Expiration date ❑ Asian or Native American m` <<::. ,, °f r �..,..A Items of work subcontracted „r Y f 41ijY irk , jY' i `IY f .� V :h k kM.xt .I ro A) What is the total dollar value of this proposed subcontract that is applI mblid0toward contract goals? (NOTE: dollar values are to be actual subcontractor,,doUars ana not. prtfne contract prices) A> ,# B) What is the total dollar value of proposed subcontrthat acts ` ate applicable toward contract goals from prior sheets? wrgas el "" B> C) What is the accumulative value of proposed subcontracts that are applicable towards contract goals? C> D) What is the orginal contract bid tf V Jk I, ;+ E') What is the accumulative Percent of contract bid total subcontracted to African American DBEs? D> ,:. tvv Et> E2) What is the alimulatl4percent of contract bid total subcontracted to Asian or Native American DBEs? ,q.:: liew-MA@ Ez> F) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? F> A + B = C (C=D)x100 =F Contractor certification I certify that: • my company has met the contracted DBE goals or has attached a completed CDOT Form #718, DBE Good Faith Effort Documentation. • my company has accepted a proposal from the DBE subcontractor named above. • my company has notified the proposed DBE subcontractor of the contracted DBE commitment. • my company's use of the proposed DBE subcontractor for the items of work listed above is a condition of the contract award. • my company will Invite the proposed DBE subcontractor to attend the preconstruction conference. • my company will not use a substitute DBE subcontractor for the proposed DBE subcontractor's failure to perform under a fully executed subcon- tract, unless my company compiles with the definitions and requirements section of the DBE Special Provisions. • 1 understand that failure to comply with the Information shown on this form will be considered grounds for contract termination. I declare under penalty of perjury in the second degree, and any other applicable state or federal laws, that the statements made on this document are true and complete to the best of my knowledge. Prime contractor name Date Officer signature and title Original - Business Programs copy - Project Engineer Previous editions are obsolete and may not be used coot Form •715 sr9e copy - negton eeo representative copy - contractor COLORADO DEPARTMENT OFTRANSPORTATION Project UNDERUTILIZED DBE GOOD FAITH EFFORT Location DOCUMENTATION Date The Contractor who is the apparent low bidder on a CDOT construction project and has failed to meet the Underutilized Ut3t It 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. List sufficient bid items (including portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the established UDBE participation goal. Indicate the total percentage of work identified for UDBE participation. The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage goal established by CDOT. II. For each subcontract item identified, work and function codes match the typr capable of performing Identified subcor telephone log of calls, inciuding4opiazp mail, provide copies of letters to UDBE subcontracted, and the;6�ai&',Ui er be available to bidderss;�l-he Conactof, Submit a detaii0dlexii- ption a,' ssi iST F: e6 xy� t qy4 4 MI 4t ll� it 11 mn Lf y tF'., u�aft itad( bymail, Fes( and/or telephone a minimum of two currently CDOT-certified UDBEs whose wor teing sd' dated. For projects in areas of the state where there are more .than two UDBEs �t ite rtt contact at least two thirds of those UDBEs, if soliciting by telephone, provide a scussioq; date, time, name of person contacted, and the response received. It soliciting by ic!`fheo iW sponsas. Letters and FAXas must spec 1 Ify Identify the project, the items to be �.T nd FAXes must provide an address and phone number where specific quantities or to will all provide sufficient time to allow the UDBEs to participate effectively in the bidding process. failure to provide any of the above. Odglnal-ausineas Programs Office, Copy -Contractor OVER Previous editions are obsolete and may not be used COOT Form e718 W99 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 tems were broken down to increase opportunities for specific UDBE bidders. If the UDBE bids were rejected, give reasons for each :ase. Cost alone may not be adequate justification for failure to use a UDBE bid. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. Whether a bid is .competitive" or "significantly lower" will be determined by CDOT. Provide a detailed explanation for failure to provide any of the above. ;p I I lil Q IN F i!�I1� ;4UG iiSY L �E y9 �I y � y 4 ti&G: �^ dGl � I I iT p vi IV. The efforts'rQ. quired hereinari3�not exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In determining wh, her Good Faith Efforts have been made, the quantity and intensity of the efforts made as well as kinds of efforts made may be consid"d'd,.,List_;ahy additional efforts to increase UDBE contract participation, such as requesting subcontractors to assist with providing UDBE P artic' ation. Note the results of such efforts. P 9 P � P THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. company J J SECTION 00615 PAYMENT BOND J j Bond No . KNOW ALL MEN BY THESE PRESENTS: that J (Firm) CO\p C 4z- C�o d-JQ Q,pm �Qn � (Address) ��\��t �a� S < (an Individual), (a Partnership+ (a Co porn ti'on), hereinafter referred to as the "Principal" and Q J o�. c c: �.-�-� c � rc� c.n Z„su r c � L z. l.o Y.,, (Firm) (Address) C1r�cr� Wo�C�.ti�i� LO•`3d11\ hereinafter referred to as the Surety", are held and firmly bound unto the City A of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of V, in lawful money of the United States, for the pa ent 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 J(� f day of 201ti, a copy of which is hereto attached and made a part hereof f r the performance of The City of Fort Collins project, ATMS COMMUNICATIONS SYSTEM PHASE 2 - Contract Modification Order; BID NO. 5802. 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 U-V% -511 Section 00615 Page 1 c COLORADO DEPARTMENT OF TRANSPORTATION Project # CERTIFICATE OF PROPOSED Location UNDERUTILIZED DBE PARTICIPATION Project code (SA#) Sheet of Contractor:1. An officer of the contractor(s) must complete this form. 5. Send original to: 2. Include only DBE firms which meet the underutilized criteria in Colorado Department of Transportation the contract goal specification for this project. Business Programs Office 3. Submit a separate CDOT Form #715 for each proposed DBE. 4201 E. Arkansas Ave. 4. Retain a photocopy for your records. Denver, Colorado 80222 FAX: (303) 757-9019 DBE Subcontractor information DBE Subcontractor name 0 African American Certification # Expiration date:. ❑ Asian or Native American x° Items of work subcontracted` 4_ 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:prme contract prices) A> B) What is the total dollar value of proposed subcontracts that are applicable toward contract goals from prior sheets?hwl 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? nr, D> E') What is the accumulative percent of contract bid total subcontracted to African American DBEs? a Et> E2) What is the accumulative' percent of contract bid total subcontracted to Asian or Native American DBEs? F) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? F> A + B = C (C+D)x100 =F Contractor certification I certify that: • my company has met the contracted DBE goals or has attached a completed CDOT Form #718, DBE Good Faith Effort Documentation. • my company has accepted a proposal from the DBE subcontractor named above. • my company has notified the proposed DBE subcontractor of the contracted DBE commitment. • my company's use of the proposed DBE subcontractor for the items of work listed above is a condition of the contract award. • my company will Invite the proposed DBE subcontractor to attend the preoonstruction conference. • my company will not use a substitute DBE subcontractor for the proposed DBE subcontractors failure to perform under a fully executed subcon- tract, unless my company complies with the definitions and requirements section of the DBE Special Provisions. • I understand that failure to comply with the information shown on this forth will be considered grounds for contract termination. I declare under penalty of perjury In the second degree, and any other applicable. state or federal laws, that the statements made on this document are true and complete to the best of my knowledge. Prime contractor name d • Business Programs copy - Project Engineer � ..may..... .......o,..o.o...o...o ....y/-v.nmawur and may not be used COLORADO DEPARTMENT OFTRANSPORTATION kLo ct UNDERUTILIZED DBE GOOD FAITH EFFORT tion DOCUMENTATION Date The Contractor who is the apparent low bidder on a COOT construction project and has failed to meet the Underutilized DBE (1 contract goals shall use this form to document good faith efforts made to date by said Contractor to attempt to meet these goals. FAILURE TO FULLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID. Each portion of this form is to be addressed in the space provided, or on supplemental sheets. Attach supporting documentation as required. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303-757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Solely at its discretion, COOT may request additional information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts. I. List sufficient bid items (including portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the established UDBE participation goal. Indicate the total percentage of work identified for UDBE participation. The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage goal established by COOT. IL For each subcontract item identified, contact by mail .FAX and/or telephone a minimum of two currently COOT -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 leners.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 detatledTexplanation addressing failure to provide any of the above. x-� ;r Original -Business Programs Office, Copy -Contractor U V tH Previous editions are obsolete and may not be used CDOT Form 0718 3199 III. List all UDBE and non-UDBE bidders, bid dollar amounts for each bid item, and the name of the successful bidder. Describe how bid items were broken down to increase opportunities for specific UDBE bidders. If the UDBE bids were rejected, give reasons for each case. Cost alone may not be adequate justification for failure to use a UDBE bid. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. Whether a bid is "competitive" or "significantly lower" will be determined by CDOT. Provide a detailed explanation for failure to provide any of the above. L L i ham. 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 conside[ed. 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 I GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. FAX July 21, 1999 RQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 Electronic version -- March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Page I. General.........................................................1 II. Nondiscrimination ....................... ..................... I III. Nonsegrated Facilities......................................3 IV. Payment of Predetermined Minimum Wage .......... 3 V. Statements and Payrolls...................................6 VI. Record of Materials, Supplies, and Labor.............6 VII. GeneralSubletting or Assigning the Contract ......... 7 VIII. Safety: Accident Prevention...............................7 IX. False Statements Concerning Highway Projects. ..7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act................................8 Xl. 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. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35. 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 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 July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 less often than once every six months, at which time the contract- or's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough Indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to Implement such policy will be brought to the attention of employ- ees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contrac- tor will include In all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contrac- tor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agree- ment providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such imple- mentation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not Indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimi- nation. 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 com- plaints, and will take appropriate corrective action within a reason- able 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. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., appren- ticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as Indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or In part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for member- ship in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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, 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 fines 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. Ill. 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 establish- ments, 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 July 21, 1999 5 pVISIoNs REaUIRED CONTRACT PR CONTACTS Ip CONSTRUCTIQN subcontractors, as aPPro- the event me to be employed the in the officerido vvt)F �-A contractor or tional d. In echanics ntracting Shall be the laborers rate (including or Form FHWp-1495) priate, or their representatives,t1On and wags fopriate), the ntractors at the classification sed classification 1321) subco the PTOP° a benefits, where apP OL poster (fie contractor and its Lacs where it Can not agree °n Hated for (ring including the views of and the D Section, mount desig uestions• of the contracting ail Limes by t and accessible�ea of this the a Officer shall refer the q ndation posted at in prominen Fer the pulp bona fide contracting the reCOmma determissue a site of the work the workers• anticipated for Act (40 terested parties and Nour Administrator for will issue seen by pavis•Bacon all in the Wags and r)t and iSO advise tits be easily or costs reasonabof the nsidered officer, to or an authorized o�fecs w h p P See 1(b)(2) anics are c° rota within t e 3 contributions mender S r meth foul- Said Admin{strator,in 30 days trading officer fringe benefits u lab76a)orers o sub{Oerc e pu Pose of 2nefit on behalf of lab ech Tries deterrninaii oiflc if sf will notify the Corr U.S.C.laborers hereof. Also, more contracting is necessary root or m wages Paid to such h 3b, costs incurred TOT under that additional time IV, aragraP de or co uarte,ly) day period a benefits where aPP Section p 2d of this IV sions Of S regular contributions ma than q to (including to Section this Section, reg eriod (but not less �v n the particular during e. The wags rate arOgiaph 2t °r in the additional than a weekly P which incurred aid fined pursuant top eflonring work erformed in the funds, Of programs' strue"vely made OT shall be P ate) detenn to all workers P iCh work is P plans, are deemed to be Con and mechanics the wage shall be paid the first day On wh period, weekly pedod_ Such laborers fringe benefits °r' erformed. classification from such wee a rate of work actuall h P4 and 5 Of ropriate wth9 classification aragrap classification• the aPR t as provided in 'Paragraphs Of Pringe Benefits: fn the determination fOrskill,excep g• Payment rescribeda (tinge t regard to minim wage rate pincludes wIc ifttou work in more than one Vltienever the this Section N. rformfn9 acifled for each a. f laborers or mocha rats, the contractor or Or mechanics PB rate SR that for a class o d as an hourly the benefit as b. Laborers compensated 0 a time pent in bceen contract is not expresse e firer pay a fide classlfieaaybe the lima actually t100therell)the , subcontractors, as aePeomnatian or shall Ray another bon te1 set forth e d eof. classificationa Toll recur erformed• stated in the wag hourly case equivalent that s the employers p y • work is P as approlinat ,does lion in which Act alai fringe benefit or an tractor, may eaCli c,as.1fica of the Davis Bacon o ntractor or subcOn third person, hg♦she the ter retatiosn1' 3 and 5 are herein inc°TP b It the co or otherhanic and in P ments to a trusts of any laborer or Mee a fide C. All rulings ail of the wag providing bon contained contract. not make Pay bly anticipated In P that the Secre- related Or co Consider as a P is reasons r ram, provided. m rador, rated by referents {n thisnt of any cos Ian or P o9 uest of the co amou under a p On the written reg been class of fringe benefits found, up a Davis -Bacon AC t have 2, classification*shall require that vajnt iGh is not tary pf Labor has standards °f the require ttis C°nUa tractor g oft°ce SHA contracting officer er the contract that the aPPlicable of f-abor 2ats meeting °f obligations The joyed andhe Secretary the m a. or meth a nation. shall be classified Volin cOnfofinan an{csn1et• uni assets for aside in a separate acc0 DOL) la e wage ag termna r°n' Ian or pro9rarrti• of ttrs U.S pared in the rove an additional under the P Programs With the wags de Officer shall approve when the Trainees ( The contracting and flings benefits 4 Apprentices and b• a rate and Helpers: CA criteria wage been mst: classifi- criteria Pe by the additional a• APPrentioss= rk at less than the foliovrin9 (1) the work to be P n the wags permitted to when they are ed by a eta (A) (1) Apprentices {wo they pe a bona fide Is not psrl°rm Tate for ragister�EmPt 7me cation requested individually nt and lion: is utilized in the area by predetermined to and fine DDL, fining determine employed pursuant ram registered with hI and a assificati°n ship grog . Bureau of APPrsntices P e Bureau, or it (2) the additional cl bona fide apprentiAdministration, cy recogniZBdays b th er first goof probationary construction industrY: Training entli( d i agesship program, the tonstN ed wags Tate. including the Wage With emState nsa employed in o 1n such an apprentice o has been (3) the Proves ble relationship a p rentice ram• but wh is a reasons emplo)(M n/ as an aPR Istered in the PfOg Training li or a state e benefits, bea determnation; and cation renticeship• and eligible for classffrca who is not indivi Bureau of APP appropriate) to be thCor�ita{ned in the wags when such a certified by file agency (where aP ro ecl to helpers, eriOtmsd. ship (4) with fesp Which the work is p apprenticeship as an apprentice, ropdate, the probationary 'entices to lour neYTna - the area in as aPP able ratio of apple classNiestion snail e prevails in subcontractors, in the additional (2) The allowable ow G. If the contractor or it lonown) to be trading Office; level to ees on the }Pe ode in to Me contractor employee to ee on stered I laborers and ins their representative a rate rid (fin (including the report of�ftre be greater than the e g9 s erect dry �y ernRbY Ma Lion or a {epo forcearunder th tstered a ratm, is not classiflca the classification and wag a oprlate), to the DOL'aid not le ss benefits where PPT . officer workt an apprentice wage shall d P agree on fringe Serif by the ttacting n stated erml tion for' the Cori Employment Ste a payroll a anyaRRrsn- designated f°i Hour Division. The Wage and otherwise employed as bie wage rate listed in the a gin on taken shahWage and C• 20210. actually pert orme • addltwn, pminI traitor of tion, Washngton, D Uve, will approve,within the aPPlica of work b site in excess °f t Was ratio the o rmitte ocation an he elatmination r the w rk dards Adminisf or, or an authorized a bassi cation actin III notify cfasslerforming Work °n Program shall be POW "our Adrrdn{site rove every addition OOng Officer or w lice P registered p the wags d contra under the a Tate on � i ys of disapprove and within the 30-daY period that additional time applicable wag the "Vacting °ffr Is necessary' July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 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 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. (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 apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: 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, July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2.000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicat- ing whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost Incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submis- sion of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the follow- ing: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent 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 this Section V available for Inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such repre- sentatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS a. Become familiar with the list of specific materials and supplies contained in Form FHWA47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA47 together with the data required in paragraph lb relative to materials and supplies, a final tabor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing 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 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, 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 ,-)(,1,-t-L day of 20CK. IN PRESENCE OF: Princ/ cr AO Q'Ort vo)1 (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) By: (Titl (Address) Other Partners Surety `,�Y�C ctC�oc :�JY1C�i nc�, tt n-'u iC1hQN., BX e By:53ck-��c-e rr,�t�Xr( (Address) I NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 July 21, 1999 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTSagency's determination whether to enter -- with the departme primary or related project approved by the into this transaction. However, failure of the prospective participant to furnish a certification or an explanation shall disquali- or materials furnished or to be furnished, in connection with the construction of any highway Secretary of of any or ty such a person from Participation in this transaction. false statement oa material representation r false repro- C. The certification in this s use is when the department Or whoever knowingly makes any of fact upon which reliance was placed agency determined to enter into this sport n. It it is 1n91Y ater sanitation as to material fact provisions of the Federai'aidt nd u Act determined that the prospective primary submitted pursuant top as amended and supple medies approved July 21, 1916, (39 Stal. 355), rendered an erroneous certification, in addiijon oother °e agency mented; available to the Federal Government, the that $10,0oo or imprisoned not more may terminate this transaction for cause of default. Shall be fined not more d, The Prospective primary Participant shall provide immedi- than 5 years or both." to whom this ate written notice to the department °osaecetNe primary partici- proposal is submitted if any time the prospective X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL reason s changed circumstances. WATER POLLUTION CONTROL ACT pant learns that its certification was erroneous when submitted or has become erroneous by e. The terms "covered transaction," "debarred " "suspend - (Applicable to all Federal -aid construction contracts and to al „ artist ant;' caiated subcontracts of $100,000 or more.) act, Or ed,' ^ineligible ^ "lower tier covered ^t"arnincrp fir" "Proposal and the arson," Pn covered transaction, p have the meanings By submission of this bid ort the bdder,�Federal-aid construction P " mary as used in this clause, subcontract, as appropriate, will be deemed to "voluntarily excluded, department set out in the Definitions and Coverage sew tact the dep imp e- contractor, or subcontractor, as appropriate,menfing Executive Order 1254g. You may have stipulated as follows: is submitted for assistance in or agency to which this rproposal performance of obtaining a COPY °f those regulations. agrees by submitting I. The Prospective Primary Pa)osedaccovered I. That any facility that is or will be utilized iundehe Clean Air osed covered transaction be ntract is exemptpub.L. Osal that, should the P� ter into any lower tier covered this Contract, Unless42 U S.C. 1857 et sail•, as amended by this prop suspended, declared Act, as amended ( Control Act, as entered into, it shall not knowingly b Pub.L. 92-500), transaction with a Pef5On who is debarred, g1�p4), and under the Federa{ asamendedpollution or voluntarily excluded from participation in this covered ementation thereof ineligible, nless authorized by the department or agency amended (33 U.S.C. 1251 et re ., transaction, u Executive order 11738, an onetl�eadate of amoMra ListofViolating entering into this transaction. (40 CFR 15) is not listed, EPA) U.S. Environmental protection Agency ( ros ective primary Participant further agrees by Facilities pursuant to 40 CFR 15.20. g• Thep P ^ compliance with submitting this proposal that it Sill in, Suspension, ineligibilitytta d Vo un- 1 and remain l Comp cation Reg barment, provided by the 2. That the firm agrees to comply Into this covered transaction, all the requirements of Section 114 of the Clean Air Act and tary Exclusions Lower Tier Covered Transaction, cn, p Section 308 of the Fade ral Water Pollution Control Act and all department or agency entering regulationsSection 30 and guidelines listed thereunder. without modificationin , c all lower tier covered transactions and in al ^ the SHA of the receipt of any solicitations for lower tier covered transactions. u notify rely upon a 3. That the firm shall Promp Y h A participant in a covered transaction may Y p Communication from the Director, Office of Federal Activities, EPA, Certification of a prospective Participant in a lower tier covered indicating that a facility that is or will be utilized for the contract is suspended, ineligible, or volun- listed on the EPA List of Violating transaction that is not debarred, unless it knows that under consideration to be decide the method Facilities. tartly excluded from the covered transaction, may principals. the certification is erroneous. A P of its a to be and frequency by which it determines the eligibilityrocure- 4. That the firm agrees to ithrough 4 o th s Section Xu neevery but i, not required to, check the none 1 through Each Participant may, requirements of paragraph rees to take such action as ment p rams" (Nonprocurement t subcontract, and further ail such require- onion of the "Lists of Parties Excluded From Federal no procurement Or NonPfOCurement programs* the government may direct as a means of enforcing s menns. List) which is compiled by the General Services Administration. 1, Nothing contained in the foregoing shall be construed o XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, require establishment of a systeo yreco clausorder The knowlrendeedge INELIGIBILITY AND VOLUNTARY EXCLUSION good faith the certification required this Covered Traneac- rtidpant is not required; o exthec0- �aryt course 1. instructions for Certification -Primary and information e PE a rodent Person is normally Possessed by P tions: ara ra h f of j, Except for transac ions authorized °mzee u�vered transaction (Applicable to tilt Federal -aid contracts - 49 CFR 29) of business dealings. signing and submitting this th 8 proposal, the prospective these {nstrudions, if a Participant enters into a lower tier covered ineligible. Oron voluntarily a. 13Y g the Certification set out below knowingly is suspended, debaned, g in addition to other primary Participant is providing person who participation In this transaction' department Or arson to provide the certification III set excluded from p the default. b. The inability of a p artio{petion in this remedies available to the Federal Government, the depa prospective eart{dpant shall submit an agency may terminate this transaction for cause out below will not necessarily result in denial of p covered transaction, the P rOvlde the certification set out elo explanation of why it cannot p The certification or explanation will be considered In con — lis 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS «a«« 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. 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 July 21, 1999 and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submit- ting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. I. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause 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 Nonprocure- ment 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. 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. ««vaa 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) July21, 1999 11 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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. June 8, 2000 1 SPECIAL NOTICE TO CONTRACTORS The Contractor shall follow the procedures (303) 757-9227 a minimum of 10 days prior to listed below to ensure the proper inspection, the beginning of fabrication or the Bituminous sampling, testing and certification of materials and Unit at (303) 757-9297 a minimum of 10 days products incorporated into all construction projects. prior to use. Failure to give notification may result in delays to the project and/or rejection of 1. PROVIDE NOTIFICATION OF MATERIALS SOURCES materials or products. AND SUPPLIERS. In accordance with subsection 106.01 of the specifications: The Contractor shall submit a list of material sources and suppliers to the Engineer. The list shall include company name and address, item to be supplied, and contact person where material can be inspected. 2. DESIGN/BUILD PROJECTS - CDOT FORM #250 - MATERIALS DOCUMENTATION RECORD. Two weeks before construction commences, the Contractor shall furnish the Engineer a list of pay items that will be used to construct the project in accordance with the pay items in the Standard Specifications and an approximate quantity for each pay item. The Contractor shall immediately notify the Engineer, in writing, if the pay items or quantities are revised during the project. 3. COMPLY WITH BUY AMERICAN REQUIREMENTS. In accordance with subsection 106.08 of the Standard Specifications: A. All manufacturing processes, including the application of a coating, for all steel products and all iron products permanently incorporated in the work shall have occurred in the United States of America. B. The Contractor shall furnish a certification with every steel product and every iron product. C. Upon completion of the project, the Contractor shall certify in writing of compliance with this requirement. 4. CDOT SAMPLING AND TESTING REQUIREMENTS: A. Preinspected The following items are preinspected by the Colorado Department of Transportation. Inspection arrangements should be made by calling the Bridge Design Inspection Unit at Bearing Devices, Bridge - Type III Expansion Device Bridge (0-6", 0-911, 0-12") Joint and Crack Sealant, Hot Poured Prestressed Concrete Unit Structural Steel - Bridges Waterproofing Membrane, Hot Applied B. Certified Test Reports Certified Test Report. A test report from the manufacturer or an independent testing laboratory, including a signature by a person having legal authority to act for the manufacturer or the independent testing laboratory stating that the test results show that the product or assembly to be incorporated into the project has been sampled and tested and the samples have passed all specified tests. In accordance with subsection 106.10 of the Standard Specifications, the following items will be accepted on the basis of certified test reports. One copy of the certified test report shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Anchor Bolts (all items which include anchor bolts) A Bridge Deck Forms, Permanent Steel A Bridge Rail, Steel A Cribbing Fasteners (Bolts) (Field)" Fence, Sound Barrier Glass Beads Hydrated Lime (Chemical test only) (After Pre -Approval) Pipe Railing" Overhead Sign Structures A Quicklime Structural Plate Structures A Structural Steel Galvanized A Top Soil Traffic Signal Structures A Water(ing) (All items which include water) Waterstop C. Certification of Compliance June 8, 2000 2 SPECIAL NOTICE TO CONTRACTORS Certificate of Compliance. A certification, including a signature by a person having legal authority to act for the manufacturer, stating that the product or assembly to be incorporated into the project was fabricated in accordance with and meets the applicable specifications. In accordance with subsection 106.09 of the Standard Specifications, the following items will be accepted on the basis of a certificate of compliance. One copy of the certificate of compliance shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Bearing Device, Type I, II, IV and V A C Bridge Paint, Structural Steel (Inorganic Zinc Rich, Polyurethane System) Dampproofing, Asphalt Dust Palliative - Asphaltic - Magnesium Chloride Emulsified Asphalt for Tack Coat Erosion Bales E Expansion Joint Material, Preformed Filler Flumes (all types) Guard Rail - End Anchors Guard Rail Metal A Guard Rail Posts - Metal A Guard Rail - Precast Guard Rail Blocks - Synthetic Guard Rail Posts - Timber Blocks and Posts A Hay E Headgates Interior Insulation Lighting Light Standards, High Mast Light Standards, Metal Luminaires (Inclusive) MC-70 - Prime Coat (Liquid Asphalt) Paint (Structure) Pedestrian Bridge A Piling " Rest Area Materials Seed Sign Panels Sprinkler System(s) Steel Sign Posts Steel Sheet Piling A Straw E Structural Glazed Tile and Ceramic Tile Treated Timber Water Control Devices Water Proofing Materials D. Preapproved Preapproved. In accordance with CDOT's Procedural Directive 3.1, a manufacturer's product is evaluated within CDOT to determine its acceptability on CDOT construction projects, as defined by CDOT specifications, plans, and standards. Currently the Approved Product List (APL) can only be accessed from the Internal Website. By clicking on the APL and selecting one the general categories a review of manufacturers and their products can be obtained. If you are requesting additional information when contacting the Central Laboratory at 303-757-9421, you must include the Reference Number. 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 the facts that the listed products have been tested, evaluated, or examined under CDOT standards, and were found acceptable to be used in CDOT projects. CDOT reserves the rights to update the APL periodically without prior notice. CDOT is not liable for any incidental or consequential damages caused by using the data listed on the APL, or the revisions of the APL. The product shall be removed from the APL if inadequate field performance exists or if the product varies from the data as originally submitted. The following sub -categories are Preapproved; therefore, Preinspection, Certified Test Reports, and Certification of Compliance are not required. Admixtures for Concrete Asphalt Release Agents — Breakaway Sign Structures Cement Cementitious Grouts Class 5 Finish ( Masonry Coating- cementitious) Concrete Box Culverts, Precast Concrete Curing Compounds - Liquid — Concrete Repair Materials c Delineator - Flexible Delineators - Reflectors only — Drain Pipe Epoxy Coating for Reinforcing Steel (Epoxy Powder) Epoxy Grout June 8, 2000 3 SPECIAL NOTICE TO CONTRACTORS Epoxy Pavement Marking Expansion Device -Bridge, Premolded Elastomeric Fly Ash Gabions and Slope Mattress Gaskets Geotextiles Glare Screen Hydrated Lime (Source Approval Required) (All Types) Inlets, Grates and Frames (Prefab) Joint Sealers, Preformed Joint Sealers, Silicone Manholes, Rings and Covers (Prefab) Masonry Mortar Meter Vaults (Prefab) MSE Wall - Elements Mulch Tackifiers Pavement Markers, Raised Pavement Markers, Recessed Pavement Marking Paint Pipe - Cement Asbestos Pipe - Clay, Copper, Cast Iron Pipe - Corrugated Aluminum Pipe Pipe - Reinforced Concrete Pipe - Corrosive Resistant Culvert Pipe - Corrugated Metal Pipe - Non -reinforced Concrete Pipe - Plastic, Culverts Pipe - Welded Steel Plastic Underdrain Pipe and Perforated Drain Preformed Plastic Pavement Marking Materials Reflectors, Median Barrier Reinforced Pile Tips RetroReflective Sign Sheeting Silt Fence Silane and Siloxane Sealers, Concrete Deck Structural Concrete Coatings (Acrylic) B Thermoplastic Pavement Marking (Preformed and Hot Applied) Underdrains Waterproofing Membrane, Prefabricated Wood Cellulose Mulch E. Other materials or products. All other materials or products not mentioned above must .be fabricated in accordance with and meet the requirements of the applicable Colorado Department of Transportation specifications, plans, and standards. 5. REJECTION/PAYMENT. All items shall contain identification or physical markings to permit direct correlation between the material or product and preinspection/ pretesting/ preapproval reports, certified test reports, or certificates of compliance. Items that are delivered without proper preinspection/ pretesting/ preapproval reports, certified test reports or certificates of compliance or do not contain identification or physical markings will be rejected and will not be paid for. Notes: A A Mill Test Report shall be included. B A Certified Test Report shall be furnished with the material or product. C A Certified Test Report(s) on components must accompany the material or product. ° Certified analysis data shall be included. E The Contractor may obtain a current list of Weed Free Forage Crop Producers by contacting the Colorado Dept. of Agriculture at (303) 239 4149. Phase 2 ATMS Communications System CMO Contract Data Scope of work Underground Installation of fiber optic conduit, and the setting of planned vaults on the streets indicated below. Work shall also include the associated tasks and labor to accomplish stated work. 1. State Highway 14 between Summitview and Greenfields Court. 2. Lemay Avenue between Horsetooth Road and Drake Road, and between State Highway 14 and Lincoln Avenue. 3. Horsetooth Road between Stover Street and the west half of the Lemay and Horsettoth intersection. All work will be in accordance with the attached, per location estimates (please se attached estimates), as summarized by line item below. Item 203 Description Unit Qty Unit Price Cost 613 Potholing 2" Electrical Conduit (plastic) Hr Lf 293.4 $75.00 $22,005.00 613 Pull Box (Stacked 18" x 30") Ea 13,455.0 15 $3.16 $220.00 $42,517.80 626 Mobilization Ea 27.1 $1071.00 $3,300.00 $29,024.10 630 613 Traffic Control per lane 13 $220.00 $2,860.00 Find and connect to existing conduit Ea 1 $180.00 $180.00 Total increased cost..............................................$99,886.90 November 30, 2000 1 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: r 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. 1 (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 di rty devices, etc.)"and s corrective action taken (6) Inspecting traffic control devices on every calendar day that traffic control devices are in use, masked, or turned away from traffic. These inspections shall include at least one night inspection per week. The TCS or another representative who is certified as a work site traffic supervisor shall perform these inspections. (7) Insuring that traffic control devices are functioning as required. -..., (8) Overseeing all requirements covered by the Contract which contribute to the convenience, safety and orderly movement of traffic. Have an up-to-date copy of the MUTCD and applicable standards and specifications available at all times on the project. (9) Attending all project scheduling meetings. (10) Supervising the cleaning and maintenance of all traffic control devices; A certified worksite traffic supervisor shall provide traffic control management (TCM) on a 24-hour-per-day basis. The traffic control supervisor (TCS) or another representative who is certified as a work site traffic supervisor shall be available and reasonably accessible to the job site on every working day, on call at all times, and available upon the Engineer's request at other than normal working hours. During non -work periods, the TCS or another representative shall November 30, 2000 2 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL respond to the job site within 45 minutes. When another representative responds, the TCS or another representative who is certified as a work site traffic supervisor shall arrive at the job site within two hours after notification. The Contractor shall maintain a 24-hour telephone number at which the TCS can be contacted. The TCS shall not act as a flagger except in an emergency or 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: or Sequencing Arrow Panel ( Type) Each wor.ns Home Office: NosValleyValley Street PO Limited Power of Attorney Seattle, WA198109-0271 w.reuw411<9 (206) 628-7200 KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duty organized and existing under to laws of the State of Washington, and having its principal office in Seattle, King County, Washington, does by these presents make, crosftb and appoint DANA HOWNGSWORTH, of Aurora, Colorado, its true and lawful Athmep in -Fact, with fun power and authority hereby canfared in Its name, place and steed, b wascula, admowledge and deliver on behalf of the Company, any and an bonds and undertakings of suretyship given for any purpose, provided, however, that no Albmeyan-Fat shad be sutlwrized to execute and deliver any bond or urdafaldng that shall obligate the Company far any portion of the penal sum thereof in excess of $10,000,000, and provided, furilK that no Abomey4n•Fact elrsn hove the aulhordy to Issue a bid or proposal bond far any project where, If a contract Is awarded, my bad or u dedakkg would be required with a penal sum in excess of $10.000,000; and b bird the Company thereby as Polly and to the sane extent as If such bade were signed by the President; sorted with the caporab seal of Me Company and duty abated by Ns Secretary; hereby notifying and crurfiming all tat the soldattorney-in•Fad may do in the premises. Said appointment is made under and by authority of the following resdutlens adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on May 20, 2004: RESOLVED that the President of the Company is authorized to appoint any person as the Company's he and lawful Attoney-M-Fact with power and autrorily to exacta and deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, subject to such lift as shall be determined by the Presktert of the OmVwy,. provided, however. that no such person shall be aulhaized b execute and deliver any bad or undedeldng that shall oblipffie the Company for any pallon of the penal sum thereof in excess of $10,000,000, and provided, further, that no Atmmey in -Fact shall have the authority to Issue add or pmposai frond for any poled where, t a contract is awarded, any bad or undataft would be required with panel sum in excess of E10,000,000. Any Atiomeyan-Fact authorized to execute a surety frond or undertaking may alm be authorized to cemle any assent or other documentation Incidental to said bad or undertaNng, provided such document dose not obligate the Company In exoess of the limit set forth above. RESOLVED FURTHER that the a" of the Secretary of the Company to cw* the authenticity and effectiveness of the foregoing resolution In any Limited Power of Attorney is hereby delegated In the blowing persons, the signature of any of to following to bind the Company with respect to the authenticity and effectiveness of the foregoing resobtlons as t signed by the Secretary of the Company*. Terry N. Thompson, Luther L Hicks, Vdtiiam K Barbour, Diana Hollingswadh, John T. Ptepary, Mary Bet Hostyk Rita A Miller, Gregory P. Bruno, Daohy Take, Michael J. McVey, Phyllis K Jef eries, Will Finn, Wesley B. Hong, Jahn D. Mlob, Brian Schick, Erb Sirkb, Chris Rectum, Mark Nona, Wm Blair Maixell, Julie A Schaller, Yolanda Urretie, Vk Ns Spence, and Maureen Saocio. Provkled, however, that no such person shell have the authority to certify the authenticity of a resolution or Limited Power of Attorney document which serves to appoint t emset as Atanay4n-Fact RESOLVED FURTHER that the signatures (including catidcadon that the Power of Mooney, is all in tote and effect) of the President, Notary Public and person oatykg authenecdy and effectiveness, and tha corporate and Notary seals appearing on any united Power of Attorney containing ads and the foepobg resolutions as wait as the Limited Power of Attorney belf and as transmission, may he by facsimile; and such Limited Power of Attorney shell be deaned an original in all aspects. RESOLVED FURTHER eat all resdutlare adopted prior b today appointhg the above named as Atorney-In-Fad fa CONTRACTORS BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by Its President and its oapnale seal b be hereto affixed the 2DIh day of May, 2004. „wwrseswr•,- CONTRACTORS BONDING AND INSURANCE COMPANY- (� - SEAL, By: 1 Don Sirldn, President �•� STATE OF WASHINGTON - COUNTY OF IONG ? On this 201h day of May, 2004, personally appeared DON SIRION, b me known to be the President of eon corporation that executed to bdoing Umted Power of Money and acorohderipeil eeld Umibd Power of Atkxney to be the tee and voluntary ad and deed of said corporation, for the uses and purposes t ersinn mentioned, and an oath stated that he Is authorized to execute Iheaeld United PowerafAtianey. _pat\\\hMllc._ IN WITNESS WHEREOF, I have hereunto set my had and allied my official seal the day and yew fast above written. Notary Public in and for the State of Washington. rs idkg at SenIBe The undersigned, acting under ail hority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as or in den of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregdnp is a full, true and correct copy of the Original Poway of A" issued by said Company, and does hereby father certify that the said Paver of Attorney Is still in force and affect GIVEN under my hand at , tihte 2 6 th day of .!III A 20 _UA_. PoaDSOt.1411S052004 November 30, 2000 4 SECTION 63G CONSTRUCTION ZONE TRAFFIC CONTROL The Contractor shall agree to quantities for the following items on a weekly basis when signing the CDOT Form 7 — Weekly Report of Miscellaneous Pay Items: Construction Traffic Sign (Special) is a project speck 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 b 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, 9 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 ex Cleaning and patching of the roadway after removal of the Channelizing Device (Fixed) wilt not be paid for separately, but shall by included in the work. a-r r Federal Aid Project ATMS Communication Systern -Phase 2 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS FORT COLLINS COMMUNICATION SYSTEM PROJECT — PHASE 2 FORT COLLINS, COLORADO July 16, 2003 The 1999 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Sections 200 through 700 control construction and materials for this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English units and SI units, the English units apply and are the specification requirement. REQUIRED PROVISIONS ON FEDERAL -AID CONTRACTS - Form FHWA 1273 PROJECT SPECIAL PROVISIONS Paqe Index Page 1 Revision of Section 613 — Proof Existing Conduit 2 Revision of Section,613 - Pull Box 3 Revision of Section 613 - Electrical Conduit (General) 4 Revision of Section 614 - Fiber Optic Cable (Install Only) 5-7 Revision of Section 614 — Communications Hub g Force Account Items 9 Traffic Control Plan -General 10-11 STANDARD SPECIAL PROVISIONS Date No. of Pages Revision of Section 630 — Construction Zone Traffic Control (Nov. 30, 2000) 4 Revision of Section 630 — NCHRP 350 Requirements (Sept. 26, 2000) 1 Affirmative Action Requirements — Equal Employment Opportunity (July 21, 1999) 10 Disadvantaged Business Enterprise — Definitions and Requirements (Dec. 20, 2002) 10 Materials and Labor Used, Form FHWA-47 (July 21, 1999) 1 Minimum Wages Colorado, U.S. Department of Labor Decision No. C0010001, Mod 11, Heavy and Highway Construction, Statewide (Aug. 15, 2003) 8 On the Job Training (Dec. 20, 2002) 4 Required Contract Provisions — Federal -Aid Construction Contracts (July 21, 1999) 11 Special Notice to Contractors (Jan. 17, 2003) 4 Federal Aid Project ATMS Communication System —Phase 2 July 18, 2003 REVISION OF SECTION 613 PROOF EXISTING CONDUIT Section 613 of the Standard Specifications is hereby revised for this project as follows: Subsection 613.07 shall include the following: The existing 2-inch conduit shall be cleaned out and blown free with compressed air prior to using. Any damaged or broken sections shall be reported to the engineer. Subsection 613.10 shall include the following: Proof existing conduit shall include all cost associated with identifying broken or damaged portions, cleaning of the conduit prior to installation of cable, and installation of pulling tape or rope. Repair of damaged or broken conduit will be measured and paid for separately. Subsection 613.11 shall include the following: Pay Item Pay Unit Proof Existing Conduit Lump Sum :.6 2 Federal Aid Project July 18, 2003 ATMS Communication System — Phase 2 REVISION OF SECTION 613 PULL BOX F Section 613 of the Standard Specifications is hereby revised for this project as follows: Subsection 613.01 shall include the following: At locations shown in the plans, Contractor shall install one new pull box of the size and type indicated below. Subsection 613.02 shall include the following: Pull boxes shall be made of fiberglass reinforced polymer concrete and shall be designed to support a minimum service load of 15,000 pounds over a 10" x 10" square. The minimum inside dimensions shall be 18" long by 30" wide by 12" deep. The pull box shall have a detachable cover that has.a skid -resistant surface. Boxes installed for fiber optic cable shall have the words "TRAFFIC COMM" physically impressed (not painted) on its top. Boxes installed for signal cable shall have the words "TRAFFIC SIGNAL" physically impressed (not painted) on its top. The cover shall be attached to the pull box body by'screw-in bolts and shall have two lift slots to aid in the removal of the lid. Each pull box shall have a number painted on its lid according to the City's number scheme. The Project Engineer will provide the numbers and numbering scheme to the contractor. The contractor shall utilize a high quality enamel spray paint for the numbers. At some intersections, existing pull boxes and conduits may need to be modified to accommodate minimum bend requirements of interconnect cable and/or splice closures. At the direction of the Engineer, Contractor shall remove existing pull boxes and replace with a pull box large enough to meet the interconnect manufacturer's recommended minimum bend radius or the splice closure requirements. Subsection 613.10 shall include the following: Pull Box shall include removal of existing pull box if required, installation of new pull box, modification of conduit ends, restoration of disturbed surface materials, and all other work necessary to meet the requirements of the interconnect cable. This work will be measured and paid on the basis of the number of Pull Boxes installed as called for in the plans. Subsection 613.11 shall include the following`. Pay Item Pay Unit Pull Box (size) Each 3 Federal Aid Project ATMS Communication System —Phase 2 REVISION OF SECTION 613 ELECTRICAL CONDUIT - GENERAL Section 613 of the Standard Specifications is hereby revised for this project as follows: Add the following to subsection 613.07: July 18, 2003 Conduit shall be installed by directional boring methods unless prior written directed is given by the City Project Manager. All conduit bends, including factory -installed bends, shall not have a bend radius less than six times the inside diameter of the conduit. The excavations required for the installation of conduit or cable shall be performed in such a manner as to avoid unnecessary damage to streets, sidewalks, landscaping, sprinkler systems and other improvements. Trenches shall not be excavated wider than necessary for the installation of the electrical appurtenances. Excavation shall not be performed until immediately before installation of conduits. The material from the excavation shall be placed in a position not to cause damage or obstruction to vehicular or pedestrian traffic or interfere with surface drainage. Trenches shall be made with a rock -wheel or other machine capable of cutting a narrow trench (4") so as to allow traffic to pass over prior to back -filling. The machine shall be equipped with shields to direct the spoil downward and away from passing vehicles, workmen and pedestrians. Off-street trenches shall be back -filled with the same material that was removed and shall be compacted and shaped to match the surrounding surface. On -street trenches within ALL roadway areas shall be back -filled with CDOT approved Structure Backfill (Flow -Fill) capped with either 6" of Hot Bituminous Pavement (Patching) in accordance with Section 403, or with concrete, appropriate to the original thickness, in accordance with Section 412, and the City of Fort Collins Cut Regulations (Larimer County Urban Area Street Standards). All surface materials including sprinkler systems, landscaping, shrubs, sod grass, and native growth vegetation which is disturbed by trenching and back -filling operation shall be restored in kind equal to or exceeding the original conditions. All conduit runs including fiber optic cable only shall have a #14 AWG solid copper conductor placed inside for locating purposes. In addition, a foil locating tape, indicating the presence of fiber optic cable shall be placed 12" above the buried conduit. Locating conductor and tape will not be measured and paid separately, but shall be included in the unit price for conduit. Conduit shall always enter a pull box, hand -hole, or any other type structure from the direction of the run only. All conduit couplings shall be designed specifically for the material used in the conduits being coupled. — Couplings of conduits of unlike materials must be specifically designed for those materials. Conduit ends shall be marked indicating the direction they are from. 4 Federal Aid Project A 7MS Communication System -Phase 2 REVISION OF SECTION 614 FIBER OPTIC CABLE (INSTALL ONLY) Section 614 of the Standard Specifications is hereby revised for this project as follows: Subsection 614.01 shall include the following: July 18, 2003 This work provides for the installation of fiber optic communications cable to be installed in conduit or duct as specified in the plans. All labor and materials required to fan -out, terminate, splice, connectorize or otherwise connect fiber optic cables at individual controller cabinets, will be paid separately. The contractor shall be required to demonstrate acceptable installation to the Engineer, through OTDR and light -meter readings as a requirement of acceptance of this item. Subsection 614.10 shall include the following: All fiber optic splices shall be performed by the PRPA fiber splicer; contact Fiber Cat, LLC.; P.O. Box 920, LaPorte, Colorado, 80535-0920; phone number: (970) 302-4006. All fiber-optic interconnect cable shall be installed, spliced (if required and only as approved by the Engineer), terminated, connected and tested by the Contractor. All interconnect and backbone fiber optic cable shall be of the size and type designated in the plans. Backbone cable shall be installed in continuous runs except where maximum pull lengths govern. Manufacturer's recommended limits for cable pull lengths shall not be exceeded. Cable ends shall be stored in pull boxes or overhead splice closures as where indicated in the plans or as directed. Only fibers indicated in the plans are to be cut, spliced and/or connectorized, and if so only in designated controller cabinets or cross connect enclosures. All other fibers shall be left uncut or sealed as appropriate in a manner recommended by the manufacturer. t Fiber optic cable shall be installed in a continuous run between all controller cabinets and enclosures as shown in the plans. Lateral cables shall be spliced only in splice closures or cross connect devices and routed to the controllers as shown in the plans. Under no conditions shall fibers be cut out or spliced at intermediate points without the express written direction of the Engineer. P Cable shall be installed in new conduit, existing conduit, or overhead as depicted in the plans. Contractor shall leave slack in all pull boxes as indicated on the plans. The fiber optic cable shall be neatly coiled and clearly tagged and labeled at such pull boxes and at all other locations where it is exposed. Field cabinets to be connected for this project will connect directly to the appropriate fiber optic cable as shown in the plans. General Requirements. The Engineer shall provide the Contractor with two copies of the cable manufacturer's installation instructions for fiber optic cable in conduit. All installation shall be in accordance with'these practices except as otherwise directed by the Engineer. Additional cable costs due to damage caused by the Contractor's neglect of recommended procedures shall be Contractor's responsibility. Backbone cable shall be installed in continuous runs except where cable type changes or where maximum pull lengths govern. The manufacturer's recommended limits for cable pull lengths shall not be exceeded. Cable ends shall be stored in controller cabinets or pull boxes immediately adjacent to cabinets or as directed by the Engineer. Federal Aid Project ATMS Communication System —Phase 2 •2- REVISION OF SECTION 614 FIBER OPTIC CABLE (INSTALL ONLY) July 18, 2003 Lateral cables shall be installed using appropriate strain relief in the cabinet (through cable ties) at a minimum of three locations. All lateral cable shall be.installed in continuous runs from the backbone cable to the controller cabinet. or from controller cabinet to controller cabinet. Under no conditions shall interconnect cable be cut out or spliced at intermediate points without express written direction from the Engineer. If overhead installation is necessary, interconnect cable shall be installed on Public Service Company (PSCo) poles in continuous runs except as directed by the Engineer. Overhead cable installation shall be in accordance with the provisions of the National Electrical Safety Code Handbook and the cable manufacturer's recommendations. At cable dead ends special guying and bracing measures may be necessary to balance the otherwise unbalanced wire tensions acting on the poles. The Contractor is referred to Section 8 of the Handbook. Contractor shall temporarily brace poles as necessary during installation to protect poles against temporary unbalanced conditions. Costs of such measures, temporary or permanent, shall be considered — included in the cost of the cable installation, and shall not be paid separately. All fiber optic cables to be installed shall be checked with an OTDR before installation. Once the fiber has been installed in the conduit, the fiber shall be tested to insure light from the TMC is on the correct fiber and reaching the correct intersection. Documentation of fiber performance shall be provided to the Engineer within 10 days of test. All optical fibers shall be within the manufacturer's recommended tolerances. In addition, any other acceptance testing recommended by the manufacturer shall be provided. Data shall be supplied to the City prior to completion of the project Fiber optic cable shall be transported to site using cable reel trailers. Care shall be taken at all times to avoid scraping, denting, twisting or otherwise damaging the cable before, during and after installation. Damaged cable shall be replaced by the Contractor without additional compensation. Cable shall be installed in conduit or duct in the field in accordance with the contract drawings. The conduit and duct ends shall have all rough edges smoothed to prevent scraping the cable. A stiff bristle brush shall be pulled through each section of conduit before pulling cable. A manufacturer recommended lubricant shall be applied to the cable to reduce friction between the cable and duct or conduit. Where fiber optic cables are to be installed in inner duct, the Contractor shall secure each section of inner duct to prevent it from being pulled with the cables. A cable grip shall be attached to the cables so that no direct force is applied to the optical fiber. The cable grip _ shall have a ball -bearing swivel to prevent the cable from twisting during pulling. Cable rollers and feeders and winch cable blocks shall be used to guide the cable freely into the duct and at maintenance hole locations. Mechanical aids and pulling cable or ropes shall be used as required. The maximum pulling tension as defined by the cable manufacturer shall not be exceeded. The cable shall be taken up at intermediate — pulling points with an intermediate cable take-up device as approved by the Engineer to prevent over -tension on the cable. Cable pulls shall be continuous and steady between pull points and shall not be interrupted until the entire run of cable has been pulled. Personnel equipped with two-way radios shall be stationed at each maintenance hole, cabinet, pedestal, communications box and junction box through which the cable is to be pulled to observe and lubricate the cable. Federal Aid Project ATMS Communication System —Phase 2 REVISION OF SECTION 614 COMMUNICATIONS HUB Section 614 of the Standard Specifications is hereby revised for this project as follows. Subsection 614.01 shall include the following: Communications Hub — General July 18, 2003 This work shall consist of furnishing and installing a communications cabinet. This work includes the cabinet, un-interruptible power supply, installation and other ancillary devices. The City of Fort Collins will install all electronics. Materials The communications hub shall include a cabinet and UPS as described below: Cabinet: The cabinet shall be a passively cooled, double -walled, design suitable for housing electronic equipment in an outdoor environment where dust, water, and other contaminants may be present. Ambient air shall be forced between the walls for cooling. The cabinet shall have a locking door, shall have nominal dimensions of 48-inch height, 28.5-inch width, and 30-inch depth, shall be NEMA Type 4 rated, shall include a standard EIA 19-inch mounting rack, and shall be either pole or pedestal mountable. The cabinet shall have front and rear doors, with wind stays on both. All doors shall be sealed with a rubber bulk gasket. UPS: The communications hub shall include a 200 watt uninteruptable power supply design to operate within the temperature range for NEMA TS2 traffic signal control equipment. Installation The contractor shall pour cabinet base and mount the communication cabinet on the base according to City of Fort Collins standards for traffic signal control cabinets. The contractor shall bring power from the power source identified by the City to the cabinet. Measurement and Payment Communication hubs shall be measured on the basis of units installed and shall include all material and labor to install the cabinet, supply power, connect to UPS, and pull fiber optic cable into cabinet. N Federal Aid Project July 18, 2003 ATMS Communication System —Phase 2 TRAFFIC CONTROL PLAN -GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.08. The components of the TCP for this project are included in the following: (1) Subsection 104.04 and Section 630 of the Standard Specifications. (2) Standard Plan S-630-1, Traffic Controls for Highway Construction, and Standard Plan S-630-2. (3) Manual on Uniform Traffic Control Devices (MUTCD). Traffic Control shall be provided as required by, in descending order of precedence: City of Fort Collins, MUTCD, the plans and special provisions for this project, Colorado Department of Transportation Standard Specifications, and Colorado Department of Transportation M and/or S Standards. — Special Traffic Control Plan. requirements for this project are as follows: Steel drum channelizing devices shall not be used for traffic control During the construction of this project, traffic shall use the present traveled roadway at all times in each direction unless otherwise directed by the Engineer. The Contractor shall not have construction equipment or materials in the lanes open to traffic any time, unless approved by the Engineer. All personal /employee vehicle and construction equipment parking is prohibited when it conflicts with safety, access, or the flow of traffic. The Contractor shall install construction traffic control devices in locations where they do not block or impede other existing traffic control devices, or sidewalks for pedestrians, disabled persons, or bicyclists. The Contractor and subcontractors shall equip their construction vehicles with flashing amber lights. Flashing — amber lights on vehicles and equipment shall be visible from all directions. The Contractor shall maintain access to all roadways, side streets, walkways, alleyways, driveways, and — hike/bike paths at all times unless otherwise approved by the Engineer. During non -construction periods (evenings, weekends, holidays, etc.), all work shall be adequately protected to insure the safety of vehicular and pedestrian traffic, as detailed in the Contractor's MHT. Excavations or — holes shall be filled in or fenced when unattended. The Contractor shall perform all the work on the roadway between the hours of 8:30 A.M. and 3:00 P.M. or as — approved by the Engineer. Weekend and nighttime work will be allowed with the prior written approval of the Engineer. Work that interferes with traffic will not be permitted during any of the following times: 1] on any day of a 3 or 4 — day holiday weekend; or 2] after 12:00 noon on the day preceding such holiday weekend. Work that interferes with any travel lanes must be submitted and approved to the City 48 hours prior to the work performance. — 10 Federal Aid Project July 18, 2003 ATMS Communication System —Phase 2 -2- TRAFFIC CONTROL PLAN - GENERAL All costs incidental to foregoing requirements shall be included in the original contract prices for the project and will not be measured and paid for separately. Work will not be permitted that directly or indirectly interferes with the flow of traffic between the hours of 5:30 AM and 8:30 AM Monday through Friday; between the hours of 3:30 PM to 6:30 PM Monday through Thursday; and after 2:00 PM on Fridays unless otherwise authorized by the Engineer. Contractor shall obtain all required access and construction permits from the City of Fort Collins prior to initiating work along City right of way. All lane closures shall be subject to the approval of the Engineer. Requests for such lane closures shall be made at least 48 hours in advance of the time the lane closure is to be implemented. Lane closures will not be allowed to remain unless utilized in continuum for the duration of each working period. ' Contractor shall coordinate with all tenants affected by alley and/or access closures two weeks prior to closure. Traffic shall be maintained on all streets at all times, via flagging if necessary for closures of one day or less. Contractor must maintain at least 2 traffic lanes open at all times through construction areas. Lane closures will only be allowed Monday through Thursday between 8:30 AM and 3:30 PM and Friday between 8:30 AM and 2:00 PM. All existing lanes of traffic shall be open at all other times unless otherwise authorized in writing by the Engineer provided that contractor has requested the closure in writing at least 48 hours prior to the closure. All construction vehicles shall remain on paved surfaces at all times. All Construction Traffic Control shall be paid for on a lump sum basis and shall include all construction signs, temporary markings, flagging and supervision necessary for the duration of the project. J SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 ACORDM CERTIFICATE OF LIABILITY INSURANCE 10/31/2003' IRODUCER (303)295-1700 FAX (303)295-2121 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Peoples Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 621 l7th Street, #1125 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80293-0625 INSURERS AFFORDING COVERAGE NAIC # INSURED COLORADO BORING, LLC, JACOBS INVESTMENT, INSURERA: Transportalon Ins Co/CNA Ins LLC, NORTHERN LIGHTS LEASING, LLC INSURERB: American Casualty Co/CNA Ins 812 QUEENS CT iNSURERC: Transportation Ins Co/CNA Ins FT COLLINS CO 8052S INSURERD: Pinnacol Assurance INSURER E: ^AV1=17ArF:Q 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. .ASR O'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 08/01/2004 LIMITS GENERAL LIABILITY 2025582442 08/01/2003 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ S0,000 X COMMERCIAL GENERAL LIABILITY A CLAIMS MADE FX OCCUR X XCU MED EXP (Any one person) $ 5 r OOD PERSONAL & ADV INJURY $ 1,000,000 X PD Ded $1,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY X JEC LOC AUTOMOBILE LIABILITY ANY AUTO 2025582456 08/01/2003 08/01/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNEDAUTOS PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT It OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY X OCCUR CLAIMS MADE 2054814556 08/01/2003 08/01/2004 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 C $ DEDUCTIBLE $ RETENTION $ 10,000 WORKERS COMPENSATION AND 4021687 08/01/2003 08/01/2004 X I WC STATU- OTH- TORY LIMITS EEL D EMPLOYERS' LIABILITY ANY PROPRIETORMARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E. L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: ATMS Traffic Communication ertificate holder shown below is named as additional insured as respects the General Liability overage. CITY OF FT. COLLILNS 21S N MASON FT COLLINS, CO 80521 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL TEN DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE David Swanson/LINDA WORD 25 (2001108) ©ACORD CORPORATION 1988 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE: ATMS COMMUNICATIONS SYSTEM PHASE 2 Contract Modification Order; BID NO. 5802 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. 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 II 1 , ".I I SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 You are hereby notified that on the day of , 20 the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, ATMS COMMUNICATIONS SYSTEM PHASE 2 - Contract Modification Order; BID NO. 5802. 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: Citv of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 Bid Schedule — ATMS Communications System — Phase 2 Contract Modification Order ITEM PAY DESCRIPTION # ITEM 1 203 Potholing 2 613 2" Electrical Conduit (Plastic) 3 613 Pull Box (stacked 18" x 30") 4 613 Find and connect to existing conduit 5 626 Mobilization 6 630 Construction Traffic Control UNIT QUANTITY UNIT PRICE ITEM CONS1 Hour 293.4 $75.00 $22,005.00 L. F. 13,455 $3.16 $42,517.80 Each 15 $220.00 $3,300.00 Each 1 $180.00 $180.00 Per Lane 27.1 $1,071.00 $29,024.10 Per Lane 13 $220.00 $2,860.00 TOTAL COST $99,886.90 Ninety-nine Thousand Eight Hundred Eighty-six Dollars and Ninety cents Signe Address Print Name Company Phone/FAX Check One: Individual Doing Business as Company Name Corporation �Partnership LLC SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: ATMS COMMUNICATIONS SYSTEM PHASE 2 - Contract Modification Order; BID NO. 5802 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 ATTEST: Secretary day of CONTRACTOR By: Title: 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: day of 20 Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: ATMS COMMUNICATIONS SYSTEM PHASE 2 - Contract Modification Order; BID NO. 5802 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. DR 0172 (01/03) 6 COLORADO DEPARTMENT OF REVENUE (303) 238SERV(7378) CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) no NnT WRITE IN TPM CDAP The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials forthe exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation ofyourexemption certificate and otherpenalties 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 COMPLETEALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) 89 _ Period 0170-750 (999) CONTM'0 R INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: $ Fax number: Business telephone number: ) Colorado withholding tax account number: fMWTitN INFORMATION Copies of contract or agreement pages (1) identifying the Contracting parties, (2) bid amount and (3) containing sI natures of contracting parties MUST be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, Slate, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Uay Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: uU NU I VVKI I t btLUVV I H15 LINE SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 9/99 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.............................................1 2.1 Delivery of Bonds .,,,,,,,,........ ,,.......... 3 1.2 Agreement ..............................1 2.2 Copies of Documents 1.3 Application for Payment ....................... 2.3 Commencement of Contract 1.4 Asbestos.............................................1 Times; Notice to Proceed ................ 3 1.5 Bid........................................:............1 2.4 Starting the Work...... .. ....................3 1.6 Bidding Documents ............................1. 2.5-2.7 Before Starting Construction; 1.7 Bidding Requirements .......................... CONTRACTORs Responsibility 1.8 Bonds,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,1 to Report; Preliminary Schedlles; 1.9 Change Order ........ ......... ........... Delivery of Certificates of 1.10 Contract Documents ............................1. Insurance, .................................. 3-4 1.11 Contract Price ........ ......... ..I........1 2.8 Preconstruction Conference ............... 4 1.12 Contract Times....................................1 2.9 Initially Acceptable Schedules..........4 1.13 CONTRACTOR,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 1.14 defective.............................................1 3. CONTRACT DOCUMENTS: INTENT, 1.15 Drawings............................................1 AMENDING, REUSE.............................. 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 ENGINEER's Consultant ...................... I fications of Technical Societies; 1.19 Field Order ......................................... 1 Reporting and Resolving Dis- 1.20 General Requirements., ........................ 2 crepancies,.,,,.......................,,_„4-5 1.21 Hazardous Waste ... ......... ......... „ 3.4 Intent of Certain Terms or 1.22.a Laws and Regulations; Laws or Adjectives.....................................5 Regulations......................................2 3.5 Amending Contract Docunents......... 5 1.22.b Legal Holidays .................................... 2 3.6 Supplementing Contract 1.23 Liens .......................... 4....................... 2 Documents 1.24 Milestone ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2 3.7 Reuse of Documents..,,,,,,,,,,,,,,....,,,,,5 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................................................ Conditions ............................... 6 1.32.a Radioactive Material ............................2 4.2.1 Reports and Drawings .......... 4........... 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 ............................................ 6 1.35 Shop Drawings ................................... 2 4.2.3 Notice of Differing Subsurface 1.36 Specifications ., .............................2 ...... or Physical Conditions,,,,,,,,,,,,,,,,,, 6 1.37 Subcontractor ................................. .... 2 4.2.4 ENGINEEks Review..._.,,,,,,......,.,,,,6 1.38 Substantial Completion ......... 4 ..........2 4.2.5 Possible Contract Documents 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,,, 2 Change,,,,.,............................... 6 1.40 Supplier .................4..........., .........2 4.2.6 Possible Price and Times 1.41 Underground Facilities .....................2-3 Adjustments ............................... 6-7 1.42 Unit Price Work .... ......... ..........3 4.3 Physical Conditions --Underground 1.43 Work.................................................3 Facilities .............................._........7 1.44 Work Change Directive ....................... 3 4.3.1 Shown or Indicated,,....,,,,,,,,,,,,,,..... J 1.45 Written Amendment ............................ 4.3.2 Not Shown or Indicated 4.4 Reference Points 7 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures; CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material....................7-8 to Shop Drawing or Sample Submittal....................................16 5. BONDS AND INSURANCE ................................. 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 Bonds .............................................. 8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documents, ........... 17 _ Certificates of Insurance,,,,,,,,,,,,,,,,,,,, 8 6.28 Related Work Performed Prior 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance..........................................9 Approval of Required 5.5 OWNER's Liability Insurance,,,,,,,,,,,,,, 9 Submittals ................................... 17 5.6 Property Insurance 9-10 6.29 Continuing the Work...................... J7 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance ....... I .......... 10 Warranty and Guarantee,,,,,,,,,,,,,, 17 _ 5.8 Notice of Cancellation Proxision ......... 10 6.31-6.33 Indemnification .........................17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations ...................18 for Deductible Amounts, 10 5.10 Other Special Insurance .....................10 7. OTHER WORK ................................................. 18 5.11 Waiver of Rights................................11 7.1-7.3 Related Work at Site ....................... 18 5.12-5.13 Receipt and Application of 7.4 Coordination ............. ...............18 Insurance Proceeds ..................... j0-11 _ 5.14 Acceptance of Bonds and Insu- 8. OWNER'S RESPONSIBILITIES .........................18 ance; Option to Replace,,,,,,,,,,,,,,,,,,, 11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR.................................18 Insurance ....................................... . 11 8.2 Replacement of ENGINEER ,........... 18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ...............11 When Due .................................. 18 6.1-6.2 Supervision and Superintendencq.......11 8.4 Lands and Easements; Reports _ 6.3-6.5 Labor, Materials and Equipment,,, 11-12 and Tests .. ...... .................. .....18-19 6.6 Progress Schedule..............................12 8.5 Insurance ,,,,,,,,,,,,........................... 19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Or&rs................................ 19 CONTRACTOR's Expense; 8.7 Inspections, Tests and Substitute Construction Approvals...................................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services......................................19 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights ........... .............. 13-14 Responsibilities, ........................... 19 6.12 Patent Fees and Royalties .................... 14 8.10 Asbestos, PCBs, Petroleum, - 6.13 Permits .................... .. .......................14 Hazardous Waste or 6.14 Laws and Regulations ........................14 Radioactive Material.................... J9 6.15 Taxes ................... ............ ............14-15 8.11 Evidence of Financid _ 6.16 Use of Premises,,,,,,.*, ,,,,,,,,,,, ,,,,,,,,, 15 Arrangements .............................. 19 6.17 Site Cleanliness ...... ......... ......... 15 6.18 Safe Structural Loading.....................15 9. ENGINEER'S STATUS DURING 6.19 Record Documents .............................15 CONSTRUCTION .............................................. 19 6.20 Safety and Protection ....................15-16 9.1 OWNER's Representative ................ 19 6.21 Safety Representative .........................16 9.2 Visits to Site .................................. 19 6.22 Hazard Communication Programs,,,.. 16 9.3 Project Representativq ...............19-21 _ 6.23 Emergencies.....................................16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Sampleg..............16 tations..................................... I ... 21 9.5 Authorized Variations in Vi6rk........ 21 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 16th day of July 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 Colorado Boring (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. AGREEMENT & WORK This work is pursuant to Bid No. 5802; ATMS Communications System - Phase 2. 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 additional work above the original project contract per approved Colorado Department of Transportation Contract Modification Order. This work is the construction and installation of additional conduit, pull boxes and related tasks to accomplish stated work. This project is Federal funded and includes Davis Bacon wages. The State of Colorado Project number is ITS-M-455-062. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Engineering, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within 20 calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 40 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 9/12/01 Section 00520 Page 1 Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ................... 21 9.7-9.9 Shop Drawings, Change Orders and Payments....................................21 9.10 Determinations for Unit Prices...... 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter..............22 9.13 Limitations on ENGINEER's Authority and Responsibilities....22-23 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change................23 10.2 Claim for Adjustment ........................ 23 10.3 Work Not Required by Contract Documents ..................................... 23 10.4 Change Orders.................................23 10.5 Notification of Surety ........................23 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work ................................... 23-24 11.4 Cost of the Work...........***.............24-25 11.5 Exclusions to Cost of the Work.......... 25 11.6 CONTRACTOR's Fee 11.7 Cost Records ................................. 11.8 Cash Allowances„ ......... .........26 11.9 Unit Price Work26 CHANGE OF CONTRACT TIMES 26 12.1 Claim for Adjustment ........................26 12.2 Time of the Essencq ..........................26 12.3 Delays Beyond CONTRACTOR's Control ...................................... 26-27 12.4 Delays Beyond OWNER's and CONTRACTOR's Control................27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ................................................. 27 13.1 Notice of Defects,,,,,,* ....... 27 13.2 Access to the Work ............................27 13.3 Tests and Inspections; CONTRACTOR's Cooperation......... 27 13.4 OWNER'S Responsibilities; Independent Testing Laboratory....... 27 13.5 CONTRACTOR's Responsibilities...............................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval................27 13.8-13.9 Uncovering Work at ENGI- NEER's Request .....................27-28 13.10 OWNER May Stop the Work ........... 28 13.11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period 28 13.13 Acceptance ofDefective Work ......... 28 13.14 OWNER May Correct Defective Work ..................................... 2 8-29 14. PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. 29 14.1 Schedule of Values .........................29 14.2 Application for Progress Payment ..................................... 29 14.3 CONTRACTOR's Warranty of Title.............. .............................29 14.4-14.7 Review of Applications for Progress Payments. ................. 29-30 14.8-14.9 Substantial Completion .................. 30 14.10 Partial Utilization...*..................30-31 14.11 Final Inspection......., .*. ............31 14.12 Final Application for Payment........ 31 14.13-14.14 Final Payment and Acceptancq....... 31 14.15 Waiver of Claims ......................31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNER May Terminate ................ 32 15.5 CONTRACTOR May Stop Work or Terminate ................. 32-33 16. DISPUTE RESOLUTION _______ 33 17. MISCELLANEOUS......................................"".33 17.1 Giving Notice .............. I................ 33 17.2 Computation of Times ..................... 33 17.3 Notice of Claim..............................33 17.4 Cumulative Remedies ................ 33 17.5 Professional Fees and Court Costs Included .............................33 17.6 Applicable State Laws ............... 33-34 Intentionally left blank .............. I.................... 35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement ..................... GC -AI 16.1-16.6 Arbitration.............................GC-Al 16.7 Mediation...............................GC-A1 iv 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" Item$ ......... ......6.7.1 Work by OWNER..............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities ............................................. 4.1 site, related Work .............................................. 7.2 Work...........................................13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR...................................6.9.1, 9.13.3 ENGINEER .......................................... 6.20, 9.13.3 OWNER....................................................6.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances.......... I ...................... 5.7 Adjustments -- Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, .............................4.5.3, 9.4, 9.5, 10.2-10.4, .........................................11, 12, 14.8, 15.1 progress schedule .............................................. 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insurance, policy form...........................5.6.2 Allowances, Cash....................................................11.8 Amending Contract Documents ................................ 3.5 Amendment, Written -- in general ................ J.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ..I......................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 ..........................7.8, 2.9, 5.6.4, 9.10, 15.5 progress payment...... 14.1-14.7 review of ............ .................. ..................... 14.4-14.7 Arbitration....................................................16.1-16.6 Asbestos -- claims pursuant thereto..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of.......................................................1.4 Article or Paragraph Number OWNER responsibility for ............................ 4.5.1, 8.10 possible price and times changq........................ 4.5.2 Authorized Variations in Work......... 3.6, 6.25, 6.27, 9.5 Availability of Lands ......................................... 4.1, 8.4 Award, Notice of --defined ........ ......... ............1.25 Before Starting Construction...............................2.5-2.8 Bid --definition of........................1.5 (1.1, 1.10, 2.3, 3.3, ........................ 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition of...................................................1.6 (6.8.2) Bidding Requirements --definition of..........................................1.7 (1.1, 4.2.6.2) Bonds -- acceptance of....................................................5.14 additional bonds..................................10.5, 11.4.5.9 Cost of the Work............................................11.5.4 definition of................................... ....................1.8 delivery of...................................................2.1, 5.1 final Application for Payment .................14.12-14.14 general......................................1.10, 5.1-5.3, 5.13, ........................................ 9.13, 10.5, 14.7.6 Performance, Payment and Other...................5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form ........................5.6.2 Cancellation Provisions, Insurancq........ 5.4.11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion,.......1.38, 6.30.2.3, ..................................................14.8, 14.10 Certificates of Inspection. ...................9.13.4, 13.5, 14.12 Certificates of Insurance.............2.7, 5.3, 5.4.11, 5.4.13, .......................5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances..............................................11.8 claim for price adjustment............ 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ...................9.5, 9.11, 10.2, 10.5, 11.2, 13.9, .......................13,13, 13.14, 14.7, 15.1, 15.5 CONTRACTOR's fee.........................................11.6 Cost of the Work general ............................................... 11.4-11.7 Exclusions to ............................................... 11.5 Cost Records.....................................................11.7 in general.............1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 Notification of Surety ...................................... 10.5 Scope of....................................................103-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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 ofDefective Work ..........................13.13 Amending Contract Documents ..........................3.5 Cash Allowances..............................................11.8 Change of Contract Prick....................................11 Change of Contract Times...................................12 Changes in the Work *"*...., *...... 10 CONTRACTOR's fee ........................... Cost of the Work.......................................11.4-11.7 Cost Records 11.7 definitionof .... .................................. I ................ 1.9 emergencies.................................................... 6.23 ENGINEER's responsibility.......9.8, 10.4, 11.2, 12.1 executionof.....................................................10.4 Indemnifiction .........................0.12, 6.16, 6.31-6.33 Insurance, Bonds and.......................5.10, 5.13, 10.5 OWNER may terminate..............................1,5.2-15.4 OWNER's Responsibility ............................ 8.6, 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities--.............................4.3.2 Record Documents ........................................... 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 Work.................................................10 Notification of surety ............. ...........................10.5 OWNER's and CONTRACTOR's responsibilities ................................. .........., 10.4 Right to an adjustment......................................10.2 Scope of change........................................10.3-10.4 Claims -- against CONTRACTOR .................................... 6.16 against ENGINEER ......................................... 6.32 against OWNER ................6 32 Change of Contract Price,,,,,,,,,,,,,,,,,,,,,, 9.4, 11.2 Change of Contract Times.....*......* ..............9.4, 12.1 CONTRACTOR'S............ 4, 7.1, 9.4, 9.5, 9.11, 10.2, ...........................11.2, 11.9, 12.1, 13.9, 14.8, ............................................15.1, 15.5, 17.3 V1 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....*...............I......................16.1 Dispute Resolution Agreement*...................16.1-16.6 ENGINEER as initial interpreter .:.....................9.11 Lump Sum Pricing.........................................11.3.2 Notice of ................................ 17 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 11 Substitute Items ............................................. 0.7.1.2 Time Extension ,• ,.... **................................... 12.1 Time requirements ............**...... *..... I......... 9.11, 12.1 Unit Price Work ......... ........ ...........11.9.3 Value of Waiver of --on Final Payment.................. 14.14, 14.15 Work Change Directive_.....* .................•........... 10.2 written notice required ......................9.11, 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 CleanSite............................................................0..17 Codes of Technical Society, Organization or Association.................................................3.3.3 Commencement of Contract Times ............................. 2.3 Communications-- general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs ......................6.22 Completion -- Final Application for Payment .........................14.12 Final Inspection.....* ............... ...................14.11 Final Payment and Acceptance . .............14.13-14.14 Partial Utilization.......*........... ................. ........34.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims............................................14.15 Computation ofTimes ..*,.....*...................17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others .................6.8-6.11 ................................. Conferences -- initially acceptable schedules •........................... 2.9 preconstruction 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............ I ........ I .................................... 3.5 Bonds.............................................................. 5.1 E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances..............................................11.8 Article or Paragraph Number Change of Contract Price .................................... 11 imes................................... 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 general3 Insurance...........................................................5.3 Intent........................................................3.1-3.4 minor variations in the Work ............................. 3.6 OWNER's responsibility to furnish datit ...............8.3 OWNER's responsibility to make prompt payment ......................... 8.3, 14.4, 14.13 precedence ............................. ...............3.1, 3.3.3 Record Documents............................................6.19 Reference to Standards and Specifications of Technical Societies................................3.3 RelatedWork.....................................................3.2 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...........................................................11 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 Stop Work requirements..................................4.5.2 CONTRACTOR's- Article or Paragraph Number Compensation............................................11.1-11.2 Continuing Obligation.....................................14.15 Defective Work ................................9.6, 13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency ........................................... 6.23 Defects in Work of Others ............................. 7.3 Differing conditions...................................4.2.3 Discrepancy in Documents........ 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated.......... 4.3.2 Emergencies.....................................................6.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cost Plus..........................11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .......................6.30 Hazard Communication Programs .....................6.22 Indemnification .........................6.12, 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, ............................ 5.1 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 ..........................0.29, 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.............................6.9.1-6.9.2, 9.13 for deductible amounts, insurance...................5.9 general........................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs.......... 6.22 Indemnification ................................... 6.31-6.33 vii EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Labor, Materials and Equipment..............6.3-6.5 Laws and Regulations..................................6.14 Liability Insurance ......... ......... ......... 5.4 Article or Paragraph Number Notice of variation from Contract Documents........................................... 6 .27 Patent Fees and Royalties.............................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 Representative...................................6.21 Scheduling the Work ........ .. ...............„6 9.2 Shop Drawings and Samples ....................... 6.24 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness..........*...., *.......... *............ 6.17 Submittal Procedures...................................6.25 Substitute Construction Methods and Procedures.....................................6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence 6.2 Supervision...................................................6.1 Survival of Obligations................................6.34 Taxes................................ 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, ...... I .... 11.9,12.1,13.9,14.8,15.1,15.5,17.3 Safety and Protection ................. 6.20-6.22, 7.2, 13.2 Safety Representative ................... .................... 6.21 Shop Drawings and Samples Submittals ,.... 6.24-6.28 Special Consultants.......................................11.4.4 Substitute Construction Methods and Procedureg..6.7 Substitutes and "Or -Equal" Items, Expense.......... 0........................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others.......... 5.8-6.11 Supervision and Superintendencq......... 6.1, 6.2, 6.21 Taxes, Payment by ............................................ 6.15 Use of Premises ....., ................................. 6.16-6.18 Warranties and guarantees .......................0..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 .... 0 ........ 0..................14.8 viii CONTRACTORS--other...............................................7 Contractual Liability Insurance 5.,4.10 Contractual Time Limits 12.2 Article or Paragraph Number Coordination— CONTRACTOR's responsibility ........................6.9.2 Copies of Documents.... *....... *....... * ........................... 2.2 Correction Period ...................13.12 ............................... Correction, Removal or Acceptance of Defective Work-- in general ............................... 10.4.1, 13.10-13.14 Acceptance ofDefective Work ..........................13.13 Correction or Removal of Defective Work ... ............................. .6.30, 13.11 Correction Period.....*....,..... *........................13.12 OWNER May Correct Defective Work..............13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections ................................... 13.4 Recordsll.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts..... *..... ................................... . J 1.4.2 CONTRACTOR's Fee ...................................... 11.6 Employee Expenses.....* .................**....._... *11.4.5.1 Exclusions to ................................................ .....11.5 General11.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment„ ......... ...........11.4.2 Minor expenses...........................................11.4.5.8 Payroll costs on changes......*..........................11.4.1 performed by Subcontractors .... ....................11.4.3 Recordsll.7 Rentals of construction equipment and machinery ...................................... 11.4.5.3 Royalty payments, permits and license fees............................................11.4.5.5 Site office and temporary facilities ................ j 1.4.5.2 Special Consultants, CONTRACTOR's ............. 11.4.4 Supplemental.................................................11.4.5 Taxes related to the Work............................1.1.4.5.4 Tests and Inspection........... P....................... 13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilitieA..............11.4.5.7 Work after regular hours.................................11.4.1 Covering Work ........................................... .... 13.6-13.7 Cumulative Remedies,,,,,,,,, 17.4-17.5 Cutting, fitting and patching ............... P.............. 7.2 Data, to be furnished by OWNER ......... P..P.......... ......$.3 Day --definition of................................................17.2.2 Decisions on Disputes ........ .......... P...... I......... 9.11, 9.12 defective --definition o(..........................................J.14 defective Work -- Acceptance of ................................... 10.4.1, 13.13 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Correction or Removal of .....................10.4.1, 13.11 Correction Period............................................13.12 in general.........................................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work .......................... ...... .13.10 Prompt Notice of Defects...................................13.1 Rejecting...........................................................9.6 Uncovering the Work.......................................13.8 Definitions................................................................I Delays ..................................... 4.1, 6.29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance. ........................... 2.7 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions-- Noticeof. .................................. *'*****'* .... * ........ 4.2.3 ENGINEER's Review......................................4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustments,,,,,,,,,,,,, 4.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6.14.2 Dispute Resolution-- Agreement................................................16.1-16.6 Arbitration................................................16.1-16.5 genera116 Mediation........................................................16.6 Dispute Resolution Agreement ........... ......... .....16.1-16.6 Disputes, Decisions by ENGINEER .................. 9.11-9.12 Documents -- Copiesof...........................................................7.2 Record 6.19 Reuseof............................................................3.7 Drawings --definition of..........................................1.15 Easements.............................................................4.1 Effective date of Agreement -- definition of:.............1.16 Emergencies...........................................................6.23 ENGINEER -- as initial interpreter on disputes .................9.11-9.12 definition of....................................................1.17 Limitations on authority and responsibilities.....9.13 Replacement of ................................................. 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition of..................1.18 ENGINEER's-- authority and responsibility, limitations or) ........ 9.13 Authorized Variations in the Wor4 .....................9.5 Change Orders, responsibility for,.,,,., 9.7, 10, 11, 12 Clarifications and Interpretations ...............3.6.3, 9.4 Decisions on Disputes ............................... ............................... defective Work, notice of..................................13.1 Evaluation of Substitute Items ..........................6.7.3 Liability...................................................6.32, 9.12 Notice Work is Acceptable...............................14.13 Observations...........................................6.30.2, 9.2 OWNER's Representative....................................9.1 Payments to the CONTRACTOR, Responsibility for.....................................9.9, 14 Recommendation of Payment ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations or).................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions.............................4.2.4 Shop Drawings and Samples, review responsibility .............................................. 6.26 Status During Construction -- authorized variations in the Wor%..................9.5 Clarifications and Interpretations ..................9.4 Decisions on Disputes ......................... 9.11-9.12 Determinations on Unit Price .......................9.10 ENGINEER as Initial InterpreteK.......... 9.11-9.12 ENGINEER's Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities..............................9.13 OWNER's Representative..............................9. • 1 Project Representative...................................9.3 Rejecting Defective Work..............................9.6 Shop Drawings, Change Orders and Payments....................................9.7-9.9 Visits to Site.................................................9.2 Unit Price determinations..................................9.10 Visits to Site.......................................................9.2 Written consent required .............................. Equipment, Labor, Materials and ........................ Equipment rental, Cost of the Work..................11.4.5.3 Equivalent Materials and Equipment .........................6.7 error or omission§..................................................0.33 Evidence of Financial Arrangements .......................$.11 Explorations of physical conditions ....................... 4.2.1 Fee, CONTRACTOR's--Costs Plus ...........................11.6 Field Order -- definition of.....................................................1.19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment..............................14.12 Final Inspection...................................................14.11 Final Payment -- and Acceptance ............... ......... ........ ""' 14.13-14.14 Prior to, for cash allowances...............................11.8 General Provisions..........................................17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references to..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................................17.1 Guarantee of Work --by CONTRACTOR,,,,,.., 6.30, 14.12 Hazard Communication Programs ...........................6.22 Hazardous Waste -- definition of.....................................................1.21 general.............................................................. 4.5 OWNER's responsibility for...............................8.10 ix EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ,,,� Indemnification..............................4.12, 6.16, 6.31-6.33 Initially Acceptable Schedules... 2.9 Inspection -- Certificates of..............................9.13.4, 13.5, 14.12 Final ..... 14.11 .................................................. Article or Paragraph Number Special, required byENGINEER**.......................9.6 Tests and Approval ................ .........V, 13.3-13.4 Insurance -- Acceptance of, by OWNER.......***" *........*......5.14 Additional, required by changes in the Work ... ... ......................................11.4.5.9 Before starting the Work.....................................2.7 Bonds and --in general *........ ......... ..*.._.....5 Cancellation Provisions ...................................... 5.8 Certificates of .......... .......2.7, 5, 5.3, 5.4.11, 5.4.13, ........................5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations.....................................5.4.13 CONTRACTOR's Liability..................................5.4 CONTRACTOR's objection to coverage.............5.14 Contractual Liability......................................5.4.10 deductible amounts, CONTRACTOR's responsibility................................................ 5.9 Final Applicafion for Payment... Licensed Insurers......**......................*........._.....,5.3 Notice requirements, material changes........5.8, 10.5 Option to Replace.............................................5.14 other special insurances ................... I................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..............................3.1-3.4 Interpretations and Clarifications .....................3.6.3, 9.4 Investigations of physical conditions ..........................4.2 Labor, Materials and Equipment.........................6.3-6.5 Lands -- and Easements ................................. Availability of.............................................4.1, 8.4 Reports and Tests...............................................$A Laws and Regulations --Laws or Regulations-- Bonds ..... ............ ........ ....... .......... .... .......... 5.1-5.2 Changes in the Work........ I...............................10.4 Contract Documents,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 3.1 CONTRACTOR's Responsibilities .....................0.14 Correction Period, defective Work....................J3.12 Cost of the Work, taxes...............................11.4.5.4 definition of ................ ................................ .....1.22 general6.14 Indemnification ......................................... 6.31-6.33 x 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 ........ Visits to Site ......................9.2 .. ... ............................ Liability Insurance-- C ONTRAC TOR's............................................... 5.4 OWNERs...........................................................5.5 Licensed Sureties and Insurers ................................. 5.3 Liens -- Application for Progress Payment .......................1,4.2 CONTRACTOR's Warranty of Title....................14.3 Final Application for Payment............ 14.12 definition of,.:, ......... ***........ Waiver of Claims............................................14.15 Limitations on ENGINEER's authority and responsibilities................................................. 9.13 Limited Reliance by CONTRACTOR Authorized...................................................... 4.2.2 Maintenance and Operating Manuals-- Final Application for Payment.........................14.12 Manuals (of others)-- Precedence ....................................................3.3.3.1 Reference to in Contract Documents ................. 3.3.1 Materials and equipment -- furnished by CONTRACTOR...... *.......................6.3 not incorporated in Work......„..**.......................14.2 Materials or equipment --equivalent* *.......*................6.7 Mediation (Optional) .................... 6.7 Milestones --definition of........................................1.24 Miscellaneous -- Computation of Times ......................... I.............. 17.2 Cumulative Remedies .......17.4 ................................. Giving Notice....................................................17.1 Notice of Claim ................................................. 17.3 Professional Fees and Court Costs Included.,,,,,,,17.5 Multi -prime contracts...** **..................... ............ 7 Not Shown or Indicated,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4.3.2 Notice of -- Acceptability of Project .................................. .14.13 Award, definition of.........................................1.25 Claim............................................................17.3 Defects,13.1 Differing Subsurface or Physical Condition$ ...... 4.2.3 Giving............................................................1.7.1 Tests and Inspections.......* ................ .... *. ... .., 13.3 Variation, Shop Drawing and Sample.................6.27 Notice to Proceed -- definitionof.....................................................1.26............................... giving of ............................. 2.3 . EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety..............................................10.5 Observations, by ENGINEER............................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, Insurancg..........................5.•6.2 Option to Replace...................................................5.14 Article or Paragraph Number "Or Equal" Items......................................................0.7 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.............................1.4.7 May Stop the Work.........................................13.10 May Suspend Work, Terminate* ...........................$.8, 13.10, 15.1-15.4 Payment, make prompt.....................8.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements ....................6.13 purchased insurance requirements .............. 5.6-5.10 OWNER's-- Acceptance of the Work...............................6.30.2.5 Change Orders, obligation to execut@.......... 8.6, 10.4 Communications................................................ 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decision............................9.11 Inspections, tests and approvals..................8.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEER's Status......................................9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ............... 8.10 ChangeOrders..............................................8.6 Changes in the Work .................................. 10.1 communications............................................8.1 CONTRACTOR's responsibilities ..................8.9 evidence of financial arrangements*..............$.11 inspections, tests and approvals .....................8.7 insurance...................................................... 5.5 lands and easements.....................................8.4 prompt payment by........................................8.3 replacement -of ENGINEER ...........................8.2 reports and tests............................................8A stop or suspend Work..................8.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................8.8, 15.2 separate representative at site .................I 9.3 ............. testing, independent.........................................13.4 use or occupancy of the Wotk......................... 5.15, 6.30.2.4, 14.10 written consent or approval required.........................................9.1, 6.3, 11.4 xi E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ,^ Article or Paragraph Number written notice required .........................7.1, 9.4, 9.11, ....................................11.2, 11.9, 14.7, 15.4 PCBs -- definition of ........................................................ general ........................ .....................................1.29 4.5 OWNER's responsibility for ............................ 8.10 Partial Utilization -- definition of......................................................1.28 general 6.30.2.4, 14.10 Property Insurance ............................................ 5.15 Patent Fees and Royalties........................................6.12 Payment Bonds .......................................... 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 ...........„...... i 4.3 Final Application for Payment......... 14.12 .................. Final Inspection ............... 14.11 Final Payment and Acceptance ............... 14.13-14.14 general.........................................................$.3, 14 Partial Utilization ..................„.,..,,,,,,._.... 14.10 Retainage .............................. 14.2 Review of Applications for Progress Payments .............................. 14.4-14.7 prompt payment.......... ................................ ........$ 3 Schedule of Values ...... ............ *........** ,... 14.1 Substantial Completion..............................14.8-14.9 Waiver of Claims.............................................14.15 when payments due ................................. 14.4, 14.13 withholding payment . ......... .....................14.7 Performance Bonds............................................5.1-5.2 Permits............. ...............................................6.13 Petroleum -- definition of......................................................1.30 general..............................................................4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating to ........................ 4.2.1.2 ENGINEER's review ........... I., ......................... 4.2.4 existing structures............................................4.2.2 general4.2.1.2.......................................................... Notice of Differing Subsurface or ...................... 4.2.3 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments...............4.2.6 Reports and Drawings.,.....* ............... ............... 4.2.1 Subsurface and ............................... Subsurface Conditions 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ............. I .......... .2.2 Underground Facilities-- general.........................................................4.3 Not Shown or Indicaed..............................4.3.2 Protection of.........................................4.3, 6.20 xii Article or Paragraph Number Shown or Indicated ................................................ 4.3.1 Technical Data...............................................4.2.2 Preconstruction Conference Preliminary Matters ...................................................... 2 Preliminary Schedules. ............................................. . 2.6 Premises, Use of ............................... . 6.16-6.18 Price, Change of Contract ........................................... 11 Price, Contract --definition of Progress Payment, Applications for .......................... J4.2 Progress Payment--retainage....*.............. 14.2 Progress schedule, CONTRACTOR's............ 2.6, 2.8, 2.9, .... ................ I............ 6.6, 6.29, 10.4, 15.2.1 Project --definition of...............................................1.31 Project Representative— ENGINEER's Status During Construction .............9.3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER.....................................8.3 Property Insurance -- Additional.........................................................5.7 general5.6-5.10 Partial Utilization......**......................5.15, 14.10.2 receipt and application of proceeds ............5.12-5.13 Protection, Safety and..............................0..20-6.21, 13.2 Punchlist..........................................................1.4.11 Radioactive Material-- defintion of.....................................................1.32 general4.5 OWNER's responsibility for,,.......*...... ..$,10 Recommendation of Payment..........*, *._ 14.4, 14.5, 14.13 Record Documents .................* ._,....... 6.19, 14.12 Records, procedures for maintaining ..........................2.8 Reference Points Reference to Standards and Specifications of Technical Societies ................................ 3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work..........................................9.6 Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review....................6.28 Remedies, cumulative...........* ................. 17.4, 17.5 Removal or Correction ofDefective Work................13.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by OWNER .............. ......8.2 Reporting and Resolving Discrepancies...............................2.5, 3.3.2, 6.14.2 Reports -- and Drawings ................................................. 4.2.1 and Tests, OWNER's responsibility ......................8A Resident and Project Representative -- definition of .................................................... 1.33 provision for 9.3 .............................................................. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR'$ ............... 6.2 Responsibilities— CONTRACTOR's-in general .................................. 6 ENGINEER's-in general ............... .......................9 .. Limitations oq............................................9.13 OWNER's-in general ............................................. 8 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 ................ I................... 14.4-14.7 Right to an adjustment...........................................10.2 Rightsof Way ......................................................... 4.1 Royalties, Patent Fees and ...................................... 6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection................................4.3.2, 6.16, 6.18, ......................................6.20-6.21, 7.2, 13.2 general.....................................................6.20-6.23 Representative, CONTRACTOR's.......................6.21 Samples -- definition of.....................................................1.34 general .................................................... 6.24-6.28 Review by CONTRACTOR ............................... 6.25 Review by ENGINEER..............................6.26, 6.27 related Work.....................................................6.28 submittal of....................................................6.24.2 submittal procedures.........................................0.25 Schedule of progress.............................2.6, 2.8-2.9, 6.6, .........................................6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values..............................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting...........................................................6.6 Change of Contract Times.................................10.4 Initially Acceptable ...................................... 2.8, 2.9 Preliminary........................................................2.6 Scope of Changes......................................10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings -- and Samples, general ................................ 6.24-6.28 Change Orders & Applications for Payments, and.........................................9.7-9.9 definition of......................................................1.35 ENGINEER's approval of ................................ 3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6.24-6.28 related Work.....................................................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.......................................................6.17 Site, Visits to -- by ENGINEER .......................................... 9.2, 13.2 byothers..........................................................13.2 "special causes of loss" policy form, insurance........................................................5.6.2 definition of. .................................................... J.36 Specifications— defination of....................................................1.36 of Technical Societies, reference t9...................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before..............................2.5-2.8 Starting the Work......................................................7.4 Stop or Suspend Work-- by CONTRACTOR...........................................15.5 by OWNER ..................................... 8.8, 13.10, 15.1 Storage of materials and equipment .....................4.1, 7.2 Structural Loading, Safety........................................6.18 Subcontractor— Concerning ................................................ 6.8-6.11 definition of.....................................................1.37 delays.............................................................12.3 waiver of rights................................................6.11 Subcontractors --in general.................................6.8-6.11 Subcontracts --required provision$......... 5.11, 6.11, 11.4.3 Submittals -- Applications for Payment.................................14.2 Maintenance and Operation Manuals .............. 14.12 Procedures.......................................................6.25 Progress Schedules.......................................2.6, 2.9 Samples ........................... ........ .... ............ 6.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions......................................2.6, 2.8-2.9 Shop Drawings .................... I .................... 6.24-6.28 Substantial Completion -- certification of............................6.30.2.3, 14.8-14.9 definition of. .................................................... J.38 Substitute Construction Methods or Procedures ........ 6.7.2 Substitutes and "Or Equal" Item$...............................6.7 CONTRACTOR's Expense............................0.7.1.3 ENGINEER's Evaluation ................................. 6.7.3 "Or -Equal" ................................................... 0.7.1.1 Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Five Hundred Dollars ($1,500.00) for each calendar day or fraction thereof that expires after the Twenty (20) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Thousand Five Hundred Dollars ($1,500.00) for each calendar day or fraction thereof that expires after the Twenty (20) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows:($99,886.90), Ninety-nine Thousand Eight Hundred Eighty-six Dollars and Ninety cents, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in 9/12/O1 Section 00520 Page 2 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.......................I.........................4.2.2 Notice of Differing Subsurface or Physical Conditions ........................................ 4.2.3 Physical Conditions ...................................... 4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments...............4.2.6 Reports and Drawings ..................................... 4.2.1 Subsurface and,,,,,,,,,, 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, 9.13.2 Superintendence.......................................................6.2 Superintendent, CONTRACTOR's resident6.2 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, ....... .......... .11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents,,,,,,,,,,,,,,,,,,,,,,,,, 3.6 Supplier -- definition of......................................................1.40 principal references to ........... 3.7, 6.5, 6.8-6.11, 6.20, ..........................................6.24, 9.13, 14.12 Waiver of Rights...............................................6.11 Surety -- consent to final payment ........................14.12, 14.14 ENGINEER has no duty to„...............................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 orTerminate...............................................15.5 OWNER May Suspend Work.............................15.1 OWNER May Terminate ,,,,,,,,,15.2-15.4 Taxes --Payment by CONTRACTOR ......................... 6.15 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...............................$.2 Suspension of Work-in general,,, ........................... 15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others ... .......... * ,,,..........13.2 CONTRACTOR's responsibilities ......................13.5 cost of 13.4 covering Work prior to..............................13.6-13.7 Laws and Regulations (or),,,,,,,,,,,,,,,,,,,,,,,,,,, 13.5 Notice of Defects,,,,,,,,,,,,,, OWNER May Stop Work.................................13.10 OWNER's independent testing ..........................i3.4 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 ......... ....* ........... , ,. .............. ...17.2 Contract Times --definition of ...........................1.12 day.........................................................17.2.2 Milestones ................................. 12 Requirements-- appeals.................................................9.10, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Times,,,,,,,,,,,,,,, 2.3 Preconstruction Conference .......................... 2.8 schedules.........................................2.6, 2.9, 6.6 Starting the Work .............................. ............2.4 Title, Warranty of...................................................14.3 Uncovering Work ..... .... .................................... 13.8-13.9 Underground Facilities, Physical Conditions-- definition of ............ .. ......................................1.41 Not Shown or Indicated...................................4.3.2 protection of ............................................. 4.3, 6.20 Shown or Indicated 4.3.1 Unit Price Work-- claims.........................................................11.9.3 definition of....................................................1.42 general11.9, 14.1, 14.5 Unit Prices-- general11.3.1 Determination for.............................................9.10 Use of Premises .................... I............ 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work --Minor Authorized, .......................................6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER,,,,,,,....* ,,,,,,,,,,,,,,,,,,,,,,, 9.2 Waiver of Claims --on Final Payment ......................14.15 Waiver of Rights by insured partie$..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ............................................... 6.30 Warranty of Title, CONTRACTOR's.......................1.4.3 Work -- Accessto..........................................................13.2 byothers ............................................................... 7 Changesin the.....................................................10 Continuing the .................................................. .29 CONTRACTOR May Stop Work or Terminate.................................I.............15.5 Coordination of. .................................................. 7.4 Cost of the.................................................11.4-11.5 definition of, ......................1..43 .............................. neglected by CONTRACTOR...........................1.3.14 otherWork............................................................7 OWNER May Stop Work ............ .....................13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site,,,,,,,,,,,,,,,,,,,, I ............... 7.1-7.3 Startingthe........................................................2.4 Stopping by CONTRACTOR.............................15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of......................................................1.44 principal references to......................3.5.3, 10.1-10.2 Written Amendment -- definition of ..................................................... 1.45 principal references to..............1.10, 3.5, 5.10,15.12, .........................6.6.2, 6.8.2, 6.19, 10.1, 10.4, .............................11.2,12.1,13.12.2,14.7.2 Written Clarifications and Interpretations...................................3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR............................7.1, 9.10-9.11, ........................................... 10.4, 11.2, 12.1 by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) %°' EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) No Text GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 1.1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement --The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment --The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid --The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents --The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds --Performance and Payment bonds and other instruments of security. 1.9. Change Order --A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents --The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times --The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective --An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER --The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER'S independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order --A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements --Sections of Division 1 of the Specifications. 1.21. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1 22 b Legal Holidays --shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award —A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER --The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs --Polychlorinated biphenyls. 1.30. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project --The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1 32 b Regular Working Hours —Regular working hours are defined as 7.00am to 6:001)m unless otherwise specified in the General Requirements. 1.33. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions --The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier --A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities --All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work --Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive --A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed. 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement.— In ne event will the C Times eefrwie"ee to fim later than the sixtieth day aftef the -day of Bid 6 e r the tW#itr, a... aftef {, Ear D � of the Ag ent .4ii h date is d• Starting the Work. 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR e_a ^;A :EPA shall eaeh deliver to the etlrer OWNER, with copies to identified in he Supple ffientary Gendifien ENGINEER, certificates of insurance (and other evidence of insurance reasonably--regaest requested by OWNER) which CONTRACTOR .._., GVR4ED fespeefiwly '"' is required to purchase and maintain in accordance with paragraphs 5.4, `YTP&aM 5.7. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, at least ten days be ere submission of the i.— before any work at the site begins, a conference attended by CONTRACTOR,, ENGINEER and others as mate 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 connections 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 E1CDC GENERAL CONDITIONS 19I0-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies, Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual of 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). own nsk. 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 thercol) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Upen reasenable writtm request, of or filing a m e lien against suelt a OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 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: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 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) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by 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. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, detennine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the 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 950 of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 9/12/01 Section 00520 Page 3 submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles I I and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not 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, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EJCDC 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 ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. _•. Y r. Y_ 1• r i I willOIL 111111W ._ L I_ _ r 'r •.YYr •r • 1.1 .... _. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit 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 agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers, Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNERhal CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: � N-;,z �. v � � i i U; 1 ;; � - - , 5.61 inelude expeases inettffed inthe FepaiF of AM • •... I_ . •Val 1 U 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 Work to the extent ef any deduetible amounts that are identified in the 8"plementarzy Genditiens The of :c a e f filem%ishesprop"- -- 1 • . Y • EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) --------------MW . . • .. 1•. . �_ • Y _ • EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) --------------MW . . • .. 1•. . �_ • Y _ • • L 1_ . WIN- Receipt and Application of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if Fequir-ed in by any PaI45, i 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 Bondsr insurance required to be purchased and maintained by the other pa CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objeeting paizty shall so ~ati the hOWNER will notify CONTRACTOR in writing within ten fifteen days after r-eeeipt delivery of the certificates (or e regaestedj to OWNER as required by paragraph 2.7. r provided - m- the eethe- may reasenably request If either pafty does net Y ur-ehase er maintain all of the Beftils and d of sueh pa" by the Gantfaet ee� - , — ge Order shall be issued te adjust t b`J 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 performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday Sunday Holidays or outside the Regular Workiniz 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 Citv's purchasing restrictions. A c—py of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6 4 2 Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal "Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) contains or is followed by words reading that no like, — equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal": If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for — acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will — include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or _ equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work _ will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use -, of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected 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' expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 69. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is without subcontracting). The 20 percent requirement 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. 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 ada. of the'tea date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER' GOTwURAGTOR h submitted a list theresf in ..da a 4th the C. ple n__d:. -__ 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 efganizatieft se identified may be Fevaked an the basis of reasenable abjeetion after due invesfigatten, aeeeptable substitute, h !`antinet n 'Op'lil Be issued or WfAten Affiendment signed. 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. additional insured on the prep", insufanee pFevided in is with a Subeentmeter er Supplier whe is listed as an the agreement between the - _0. • . Y � I Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 14 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to famishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOWs 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. 615 1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the project Said taxes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado. Repional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically incorporated into the 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: EICDC 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 Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets with the following general title: ATMS Communications System, Phase 2 CMO #1 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda - None 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 9/12/01 Section 00520 Page 4 construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGTNEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles I 1 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 A GONTD ALTO lees naAle e vim. ��v •��v�� •.«.. .. .. .�.... .� j� 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. and ff�aintaitfing fiability and « r" r feFth in _hs c c .t,_,...,.w t i n 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. . L ' .. MITUAIM.. - M-1 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will 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 and in the 9upp1emejjtafj Genditiens of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEERS Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in paragraph 9.3 9.3.2. Duties and Responsibilities Representative will: 9.3.2.1.Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.3.2.2 Conferences and Meeting - Attend meeting with the CONTRACTOR such as preconstruction conferences progress meetings and other iob conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR, working_principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2 Assist in obtaining from OWNER additional details or information, when required, for proper execution of the Work 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 9.3.2.4.Review of Work. Rejection 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 deternining that the Work is proceeding in accordance with the Contract Documents. 9 3 2 4 3 Accompany visiting inspectors rroresenting public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the ENGINEER 9 3 2 5 Interpretation of Contract Documents Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and 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 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Drawings or Specifications and resort 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. Fumjsh ENGINEER periodic resorts as required of the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals. 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests, inspections or start of important phases of the Work. 9.3 2 8.3 Draft proposed Change Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders Work Directive Changes and field orders. 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9 3 2 9 Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values work completed and materials and equipment delivered at the site but not incoryorated 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 accent 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. Accent 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 1 I or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEERSs authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEERSs 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 ENGINEERS decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes. 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing 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 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter per-s..ant t, A t4iele 6 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; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work. 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall Vie; but net 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 f:etiretment benefits, beauses, kleave, and holiday pw applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be 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 A.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's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee the ne"4 lewer tief c ` to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 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' fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances. 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unrt 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. Detemunations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowled eg s 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 aLiy remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and 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 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, ENGINEERs Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at ale time for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTORS 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 ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOWs 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 CONTRACTORS expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTORs intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEERs observation and replaced at CONTRACTORS expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEERS request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one 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 OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other EJCDC 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 one yeaf two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subiect to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship. By executing the application for Payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101 et sea. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of ApplicationsforProgress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS I910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiting correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 30 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EJCDC 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 Project manual Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to 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 TERNIINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, temunate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally detemuned to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EXEC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to this Agreement. Reference to two Pertinent Colorado statutes are as follows; 17.6.2. If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials team hire sustenance provisions provender, or other supplies used or consumed by CONTRACTOR or his 33 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) (This page left blank intentionally.) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 36 µ,/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) OWNER: CITY OF FORT COLLINS B y : f� C)' nL..o JAMES B O'NEILL II, CPPO, FNIGP RECTOR OF PURCHASING AND RISK MANAGEMENT Date: 7/�,5 & ( Attest: Address :. Fort Collins, CO 80522 Approved as to Form Assistan-F City Attorney 9/12/O1 CONTRAC,�InRrado Boring By: Title: 12?a4 a�ti- Date: 77— (CORPORATE SEAL) AttesC�•-. ;S , Addres or givin notices:/ T2/3 Cc.� / & J��1-dl&f- co . ";OV`Vy LICENSE NO.: Section 00520 Page 6 EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -AI EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) GC -AI w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 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). M 11 i.I. N i. I SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: ATMS COMMUNICATIONS SYSTEM PHASE 2 Contract Modification Order; BID NO. 5802 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 TOTAL APPROVED CHANGE ORDER TOTAL PENDING CHANGE ORDER TOTAL THIS CHANGE ORDER TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders approved ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File' Architect Engineer Purchasing $ .00 0.00 0.00 0.00 $ 0.00 DATE: DATE: DATE: DATE: DATE: 9/99 Section 00950 Page 1 on i Insert Pages 1 - 4 9/99 Section 00960 APPlication for Payment OWNER: City of Fort Collins ENGINEER: CHANGE ORDERS NUMBER DATE AMOUNT 1 2 3 APPLICA PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as follows: Original Contract Amount: Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By. Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By Payment of the above Amount Due This Application is approved by the OWNER. n CONTRACT AMOUNTS Bid Item Number Description Quantity Units Unit Price Amount APPLICATION FOR PAYMENT Work Completed Work Completed This Month Previous Periods Qty. Amount Qty. Amount Work Completed To Date Qty. Amount Stored Materials This Period PAGE 2 OF 4 Total Earned Percent To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Received Item Invoice Previous This Number Number Description Application Period PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 SECTION 00530 NOTICE TO PROCEED Description of Work: ATMS COMMUNICATIONS SYSTEM PHASE 2 Contract Modification Order; BID NO. 5802 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 FEDERAL REQUIREMENTS TABLE OF CONTENTS Buy America Requirements Page 1 Cargo Preference Requirements Page 1 Seismic Safety Requirements Page 1 Energy Conservation Requirements Page 1 Clean Water Requirements Page 2 Pre -Award and Post Delivery Audits Requirements Page 2 Lobbying Page 3 Access to Records and Reports Page 4 Federal Changes Page 4-5 Bonding Requirements Page 5-7 Clean Air Page 8 Recycled Products Page 8 Davis -Bacon Act Page 8-13 Contract Work Hours and Safety Standards Act Page 13-15 Copeland Anti -Kickback Act Page 15 No Government Obligation to Third Parties Page 15 Program Fraud and False or Fraudulent Statements Page 15-16 Termination Page 16-19 Governmentwide Debarment and Suspension (Nonprocurement) Page 19-20 Privacy Act Page 20 Civil Rights Requirements Page 20-21 Breaches and Dispute Resolution Page 22 Patent and Rights in Data Page 22-24 Disadvantaged Business Enterprise (DBE) Page 24-27 Interests of Members of or Delegates to Congress Page 27 Prohibited Interest Page 27 Incorporation of Federal Transit Administration (FTA) Terms Page 27 ATTACHMENTS: Attachment 1 Buy America Requirements 2 pages Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements 1 page BUY AMERICA REQUIREMENTS 49 U.S.C. 53230)49 CFR Part 661 The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts. The contractor agrees to comply with 49 U.S.C. 53230) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 53230)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. CARGO PREFERENCE REQUIREMENTS 46 U.S.C.1241 46 CFR Part 381 Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment material, or commodities by ocean vessel SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. LOBBYING 31 U.S.C. 135249 CFR Part 1949 CFR Part 20 Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal. Certification for Contracts, Grants, Loans, and Cooperative Agreements ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the Unites States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Not applicable 3. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the Unites States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 3 Bonding requirements flow down to the first tier contractors. FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)) days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds 1. The penal amount of the payment bonds shall equal: -- (i) Fifty percent of the contract price if the contract price is not more than $1 million. _ (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. - Performance and Payment Bonding Requirements (Non -Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. a) The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 1. The penal amount of performance bonds shall be 100 percent of ^ the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c). A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. — ri (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). 7 CLEAN AIR 42 U.S.C. 7401 et seq 40 CFR 15.61 — 49 CFR Part 18 Clean Air (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. . The — Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. RECYCLED PRODUCTS 42 U.S.C.6962 40 CFR Part 247 Executive Order 12873 Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. DAVIS-BACON ACT 40 USQ276a-276a-5 (1995) 29 CFR 5 (1995) The language in this clause is mandated under the DOL regulations at 29 C.F.R.5.5.) (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash — equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage 8 ... determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employees payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis -Bacon poster (WH-1 321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iii) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (iv) (A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 2021 0. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or 9 will notify the contracting officer within the 30-day period that additional time is — necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to — paragraphs (1)(iv) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. -' (2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of _ the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the [ insert name of grantee ] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. — (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of — three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, — address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of -" hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or — program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall _ maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. — (ii) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the [insert name of grantee ] for transmission to the — Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal -- Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 10 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1 001 of title 1 8 and section 231 of title 31 of the United States Code. (iii The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the 11